II

103D CONGRESS

2D SESSION S. 1938

To amend the Low-Income Home Energy Assistance Act of 1981 to authorize

appropriations for fiscal years 1996 through 1999, remove impediments

to the exercise of States discretion to shape their programs and to

concentrate their resources on those with the greatest home energy needs,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 16 (legislative day, FEBRUARY 22), 1994

Mr. DODD introduced the following bill; which was read twice and referred to

the Committee on Labor and Human Resources

A BILL

To amend the Low-Income Home Energy Assistance Act

of 1981 to authorize appropriations for fiscal years 1996

through 1999, remove impediments to the exercise of

States discretion to shape their programs and to concentrate their resources on those with the greatest home

energy needs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND REFERENCES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Low-Income Home Energy Assistance Amendments of

6 1994’’.
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•S 1938 IS

1 (b) REFERENCES.—Except as otherwise expressly

2 provided, whenever in this Act an amendment or repeal

3 is expressed in terms of an amendment to, or repeal of,

4 a section or other provision, the reference shall be consid5 ered to be made to a section or other provision of the Low6 Income Home Energy Assistance Act of 1981 (42 U.S.C.

7 8621 et seq.).

8 SEC. 2. STATEMENT OF PURPOSE.

9 Subsection (a) of section 2602 (42 U.S.C. 8621(a))

10 is amended to read as follows:

11 ‘‘(a) In order to assist low-income households, par12 ticularly those that pay a high proportion of household in13 come for home energy, both in meeting their immediate

14 home energy needs, and in attaining the capacity to meet

15 such needs independently in the future, the Secretary of

16 Health and Human Services is authorized to make grants

17 to States for programs and activities consistent with the

18 provisions of this title.’’.

19 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

20 (a) AMOUNTS AUTHORIZED.—

21 (1) IN GENERAL.—Section 2602(b) (42 U.S.C.

22 8621(b)) is amended by striking ‘‘this title’’ and all

23 that follows through the end of the first sentence

24 and inserting ‘‘this title, such sums as may be nec25 essary for each of fiscal years 1995 through 1999.’’.
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1 (2) INCENTIVE PROGRAM FOR LEVERAGING

2 NON-FEDERAL SOURCES.—Subsection (d) of section

3 2602 (42 U.S.C. 8621(d)) is amended to read as fol4 lows:

5 ‘‘(d)(1) There are authorized to be appropriated to

6 carry out section 2607A, $50,000,000 for each of the fis7 cal years 1995 and 1996, $60,000,000 for fiscal year

8 1997, $70,000,000 for fiscal year 1998, and $80,000,000

9 for fiscal year 1999, except that if the amount appro10 priated pursuant to subsection (b) does not exceed the

11 amount specified in paragraph (2) for a fiscal year, the

12 amount authorized to be appropriated to carry out section

13 2607A for such fiscal year shall be $50,000,000.

14 ‘‘(2) For purposes of paragraph (1), the amount

15 specified is—

16 ‘‘(A) for fiscal year 1997, the amount appro17 priated pursuant to subsection (b) for fiscal year

18 1996;

19 ‘‘(B) for fiscal year 1998, the amount so appro20 priated for fiscal year 1997; and

21 ‘‘(C) for fiscal year 1999, the amount so appro22 priated for fiscal year 1998,

23 or, if greater, the amount so appropriated for fiscal year

24 1995.’’.
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1 (b) PERIOD FOR WHICH APPROPRIATION IS MADE;

2 REPEAL OF PROGRAM YEAR.—Section 2602 (42 U.S.C.

3 8621) is amended—

4 (1) by repealing subsection (c);

5 (2) by redesignating subsection (d) as sub6 section (c); and

7 (3) in the second sentence of subsection (b), to

8 read as follows: ‘‘Amounts appropriated pursuant to

9 this subsection or subsection (c) for a fiscal year

10 shall be available for carrying out this title in the

11 following fiscal year.’’.

12 SEC. 4. EMERGENCY FUNDS.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

14 2602 (42 U.S.C. 8621) as amended by section 3, is fur15 ther amended by adding at the end thereof the following

16 new subsection:

17 ‘‘(d) There are authorized to be appropriated in any

18 fiscal year for payments under this title, in addition to

19 amounts appropriated for distribution to all the States in

20 accordance with section 2604 (other than subsection (g)),

21 such sums as may be necessary to meet the additional

22 home energy assistance needs of one or more States aris23 ing from a natural disaster or other emergency. Funds

24 appropriated pursuant to this subsection are hereby des25 ignated to be emergency requirements pursuant to section
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1 251(b)(2)(D) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985, except that such funds shall

3 be made available only after the submission to Congress

4 of a formal budget request by the President (for all or

5 a part of the appropriation pursuant to this subsection)

6 that includes a designation of the amount requested as

7 an emergency requirement as defined in such Act.’’.

8 (b) ALLOTMENT OF EMERGENCY FUNDS.—Section

9 2604 (42 U.S.C. 8623) is amended by adding at the end

10 thereof the following new subsection:

11 ‘‘(g) Notwithstanding subsections (a) through (f), the

12 Secretary may allot amounts appropriated pursuant to

13 section 2602(d) to one or more than one State. In deter14 mining to which State or States additional funds may be

15 allotted, the Secretary shall take into account the extent

16 to which a State was affected by the emergency or disas17 ter, the availability to an affected State of other resources

18 under this or any other program, and such other factors

19 as the Secretary determines relevant.’’.

20 SEC. 5. AUTHORIZED USES OF FUNDS.

21 Paragraph (1) of section 2605(b) (42 U.S.C.

22 8624(b)(1)) is amended to read as follows:

23 ‘‘(1) use the funds available under this title

24 to—
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1 ‘‘(A) conduct outreach activities and pro2 vide assistance to low income households, par3 ticularly those that pay a high proportion of

4 household income for home energy;

5 ‘‘(B) intervene in energy crisis situations,

6 and, to the extent determined appropriate by

7 the State, to encourage and enable households

8 to attain, to the maximum extent feasible, home

9 energy self-sufficiency;

10 ‘‘(C) provide low-cost residential weather11 ization and other cost-effective residential re12 pairs or improvements related to energy use;

13 ‘‘(D) provide energy conservation edu14 cation; and

15 ‘‘(E) plan, develop, and administer the

16 State’s program under this title including

17 leveraging programs,

18 and the State agrees not to use such funds for any

19 purposes other than those specified in this title;’’.

20 SEC. 6. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH

21 HIGH HOME ENERGY BURDENS.

22 (a) HOUSEHOLD INCOME.—Section 2605(b)(2)(B)

23 (42 U.S.C. 8624(b)(2)(B)) is amended by striking the

24 matter following clause (ii) and inserting the following:
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1 ‘‘except that a State may not exclude a house2 hold from eligibility in a fiscal year solely on

3 the basis of household income if such income is

4 less than 110 percent of the poverty level for

5 such State, but the State may give priority to

6 those households with the highest home energy

7 costs or needs in relation to household in8 come;’’.

9 (b) OUTREACH ACTIVITIES.—Section 2605(b)(3) (42

10 U.S.C. 8624(b)(3)) is amended by striking ‘‘are made

11 aware’’ and inserting ‘‘and households with high home en12 ergy burdens, are made aware’’.

13 (c) ASSISTANCE LEVELS.—Section 2605(b)(5) (42

14 U.S.C. 8624(b)(5)) is amended by inserting ‘‘or needs’’

15 after ‘‘highest energy costs’’.

16 (d) STATE PLAN.—Section 2605(c)(1) (42 U.S.C.

17 8624(c)(1)) is amended—

18 (1) by redesignating subparagraphs (E) and

19 (F) as subparagraphs (F) and (H), respectively; and

20 (2) by inserting after subparagraph (D) the fol21 lowing new subparagraph:

22 ‘‘(E) describes any steps that will be taken (in

23 addition to those necessary to carry out the assur24 ance contained in paragraph (5) of subsection (b))
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1 to target assistance to households with high home

2 energy burdens;’’.

3 SEC. 7. REMOVAL OF CONSTRAINT ON SECRETARIAL PRO4 GRAM GUIDANCE.

5 Section 2605(b) (42 U.S.C. 8624(b)) is amended by

6 striking the first flush sentence immediately following

7 paragraph (14).

8 SEC. 8. CLARIFICATION OF AUDIT REQUIREMENT.

9 Section 2605 (42 U.S.C. 8624) is amended—

10 (1) in subsection (b)(10), by striking ‘‘and pro11 vide that’’ and all that follows and inserting ‘‘and

12 provide that the State will comply with the provi13 sions of chapter 75 of title 31, United States Code

14 (commonly known as the ‘Single Audit Act’);’’; and

15 (2) in subsection (e), by striking ‘‘at least every

16 two years’’ and all that follows and inserting ‘‘in ac17 cordance with chapter 75 of title 31, United States

18 Code.’’.

19 SEC. 9. USE OF DEPARTMENT OF ENERGY WEATHERIZA20 TION RULES TO ACHIEVE PROGRAM CON21 SISTENCY.

22 Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(1)(D)) is

23 amended by inserting before the semicolon at the end

24 thereof the following: ‘‘, including any steps the State will

25 take to address the weatherization and energy-related
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1 home repair needs of households that have disproportion2 ately high home energy costs or needs in relation to house3 hold income, and describes the rules promulgated by the

4 Department of Energy for administration of its Low In5 come Weatherization Assistance Program which the State,

6 to the extent permitted by the Secretary to increase con7 sistency between federally assisted programs, will follow

8 regarding the use of funds provided under this title by

9 the State for such weatherization and energy-related home

10 repairs and improvements’’.

11 SEC. 10. MATTERS TO BE DESCRIBED IN ANNUAL APPLICA12 TION.

13 Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amend14 ed—

15 (1) in subparagraph (F) (as so redesignated by

16 section 6(d) of this Act)—

17 (A) by striking ‘‘and (13)’’ and inserting

18 ‘‘(13), and (15)’’; and

19 (B) by striking ‘‘and’’ at the end thereof;

20 and

21 (2) by inserting after subparagraph (F) (as so

22 redesignated by section 6(d) of this Act), the follow23 ing new subparagraph:

24 ‘‘(G) states, with respect to the 12-month pe25 riod specified by the Secretary, the number and in-
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1 come levels of households assisted with funds pro2 vided under this title, and the number of households

3 so assisted with—

4 ‘‘(i) a member who had attained 60 years

5 of age;

6 ‘‘(ii) a member who was disabled; and

7 ‘‘(iii) one or more young children; and’’.

8 SEC. 11. REPORT OF FUNDS AVAILABLE FOR OBLIGATION.

9 Section 2607(a) (42 U.S.C. 8628(a)) is amended—

10 (1) by inserting ‘‘(1)’’ after the subsection des11 ignation; and

12 (2) by adding at the end thereof the following

13 new paragraph:

14 ‘‘(2) Each State shall notify the Secretary, not later

15 than 2 months prior to the close of a fiscal year, of the

16 amount (if any) of its allotment for such year that will

17 not be obligated in such year, and, if such State elects

18 to submit a request described in subsection (b)(2), such

19 State shall submit such request at the same time. The Sec20 retary shall make no payment under paragraph (1) to a

21 State for a fiscal year unless the State has complied with

22 this paragraph with respect to the prior fiscal year.’’.

23 SEC. 12. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

24 (a) IN GENERAL.—
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1 (1) TREATMENT OF HOUSEHOLDS.—Section

2 2605(b)(7) (42 U.S.C. 8624(b)(7) is amended—

3 (A) in subparagraph (B), by adding ‘‘and’’

4 at the end thereof;

5 (B) in subparagraph (C), to read as fol6 lows:

7 ‘‘(C) assure that the home energy supplier

8 will not treat households receiving assistance

9 under this title less favorably than other house10 holds to which it supplies home energy, and will

11 comply with all provisions under or pursuant to

12 State law prohibiting adverse or discriminatory

13 treatment of such households;’’; and

14 (C) by striking subparagraph (D).

15 (2) INCENTIVE PROGRAM.—Section 2607A(e)

16 (42 U.S.C. 8626a(e)) is amended by striking ‘‘July

17 31, of each year’’ and inserting ‘‘2 months after the

18 close of the fiscal year during which the State pro19 vided leveraged resources to eligible households, as

20 described in subsection (b)’’.

21 (b) TECHNICAL AMENDMENTS.—

22 (1) Section 2602(b) (42 U.S.C. 8621(b)) is

23 amended—
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1 (A) by inserting ‘‘(other than section

2 2607A)’’ after ‘‘to carry out the provisions of

3 this title’’; and

4 (B) by striking the second period at the

5 end thereof.

6 (2) Section 2603(2) (42 U.S.C. 8622(2)) is

7 amended—

8 (A) by striking ‘‘the’’ in paragraph (2) and

9 inserting ‘‘The’’; and

10 (B) by striking the semicolon at the end

11 thereof and inserting a period.

12 (3) The sentence that immediately precedes

13 paragraph (15) of section 2605(b) (42 U.S.C.

14 8624(b)) is transferred so as to appear as a flush

15 sentence immediately after paragraph (15).

16 (4) Section 2605(b)(3) (42 U.S.C. 8624(b)(3))

17 is amended by striking ‘‘handicapped’’ and inserting

18 ‘‘disabled’’.

19 (5) Section 2607A(c)(2) (42 U.S.C.

20 8626a(c)(2)) is amended by striking ‘‘.0008 per21 cent’’ and inserting ‘‘0.08 percent’’.

22 (6) Section 2610(a) (42 U.S.C. 8629(a)) is

23 amended—
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1 (A) in paragraph (2), by striking the semi2 colon after ‘‘used’’ and inserting a semicolon

3 after ‘‘title’’; and

4 (B) in paragraph (5)—

5 (i) by striking ‘‘handicapped’’ and in6 serting ‘‘disabled’’; and

7 (ii) by inserting before the semicolon

8 at the end thereof ‘‘or include young chil9 dren’’.

10 SEC. 13. EFFECTIVE DATE.

11 The amendments and repeals made by this Act shall

12 become effective on October 1, 1994.

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