I
107TH CONGRESS
1ST SESSION
H. R. 2224
To amend the Low-Income Home Energy Assistance Act of 1981 to provide
supplemental funds for States with programs to facilitate the collection
of private donations by utilities to be used for payment of the utility
bills, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 2001
Mr. FORD introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committees on Finan-
cial Services, and Education and the Workforce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Low-Income Home Energy Assistance Act
of 1981 to provide supplemental funds for States with
programs to facilitate the collection of private donations
by utilities to be used for payment of the utility bills,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Energy Efficiency and
Assistance Act of 2001’’.
SEC. 2. SUPPLEMENTAL LIHEAP FUNDING FOR STATES
WITH CERTAIN PROGRAMS.
Section 2607A(b) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8626a) is amended by
adding the following at the end thereof:
‘‘The term ‘leveraged resources’ also includes any State
program which facilitates the collection of donations by
electric and gas utilities to be used by public agencies or
private nonprofit organizations to pay the electric and nat-
ural gas utility bills of individuals in households with in-
comes which do not exceed an amount equal to 200 per-
cent of the poverty level for the State concerned and other
individuals with insufficient financial resources to pay
such bills.’’.
SEC. 3. LIHEAP AND SUPPLEMENTAL LIHEAP AUTHORIZA-
TIONS.
Section 2602 of the Low-Income Home Energy As-
sistance Act of 1981 (42 U.S.C. 8621) is amended as fol-
lows:
(1) In subsection (b), strike ‘‘$2,000,000000
for each of fiscal years 2002 through 2004’’ and in-
sert ‘‘$3,400,000,0000 for each of the fiscal years
2002 through 2005’’.
(2) Amend subsection (d) to read as follows:
‘‘(d) There is authorized to carry out section 2607A,
$100,000,000 for each of the fiscal years 2002 through
2005.’’.
SEC. 4. ENERGY EFFICIENT HOME FINANCING.
(a) RESIDENTIAL ENERGY EFFICIENCY IMPROVE-
MENT LOANS INCLUDED AS QUALIFIED THRIFT INVEST-
MENT.—Subclause (I) of section 10(m)(4)(C)(ii) of Home
Owners’ Loan Act (12 U.S.C. 1467a(m)(4)(C)(ii)(I)) is
amended by inserting ‘‘, including residential energy effi-
ciency improvement loans’’ before the period at the end.
(b) PROJECTED ENERGY SAVINGS TAKEN INTO AC-
COUNT IN DETERMINING LOAN ELIGIBILITY.—
(1) IN GENERAL.—Chapter 2 of the Truth in
Lending Act (15 U.S.C. 1631 et seq.) is amended by
adding at the end the following new section:
‘‘§ 140. Residential energy efficiency improvement
loans
‘‘(a) ENERGY SAVINGS.—In making any determina-
tion concerning the eligibility of any consumer for a resi-
dential energy efficiency improvement loan, the creditor
shall take into account the amount of the estimated future
savings attributable to the improvements in energy effi-
ciency.
‘‘(b) FACTORS FOR CONSIDERATION.—In reviewing
regulations prescribed under this title and considering pro-
posed regulations under this title, the Board shall
consider—
‘‘(1) whether the regulations or proposed regulations
make, or could make, residential energy efficiency im-
provement loans more affordable; and
‘‘(2) whether any changes could be made in such reg-
ulations to provide more flexibility for home equity loans
in order to make such loans more readily available to low-
and moderate-income consumers for the purposes of im-
proving residential energy efficiency.
‘‘(c) RESIDENTIAL ENERGY EFFICIENCY IMPROVE-
MENT LOAN DEFINED.—For purposes of this section, the
term ‘residential energy efficiency improvement loan’
means any loan or extension of credit, secured or unse-
cured, the proceeds of which are to be used for improving
the energy efficiency of residential real property, including
the purchase and installation of alternative sources of en-
ergy.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 2 of the Truth in Lending Act is
amended by inserting after the item relating to sec-
tion 139 the following new item:
‘‘140. Residential energy efficiency improvement loans’’.
(c) FHA.—Title V of the National Housing Act (12
U.S.C. 1731a et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 543. INCENTIVES TO INCREASE ENERGY EFFICIENCY.
‘‘Not later than 12 months after the date of the en-
actment of the Energy Efficiency and Assistance Act of
2001, the Secretary shall—
‘‘(1) develop and implement measures under the
mortgage insurance programs under this Act—
‘‘(A) to provide financing incentives to im-
prove the energy efficiency of residential prop-
erties subject to mortgages insured under this
Act;
‘‘(B) to make energy efficient mortgages
(as such term is defined in section 106(c) of the
Energy Policy Act of 1992 (42 U.S.C. 12712
note)) more affordable and available; and
‘‘(C) to ensure that, in making any deter-
mination concerning the eligibility of any bor-
rower for a mortgage insured under this Act
that includes financing for any residential en-
ergy conservation measures (as such term is de-
fined in section 210 of the National Energy
Conservation Policy Act (42 U.S.C. 8211)), the
lender shall take into account the amount of the
estimated future savings attributable to the im-
provements in energy efficiency; and
‘‘(2) submit a report to the Congress specifying
the actions taken to carry out the requirements
under paragraph (1).’’.
(d) RURAL HOUSING.—Title V of the Housing Act
of 1949 (42 U.S.C. 1471 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 544. INCENTIVES TO INCREASE ENERGY EFFICIENCY.
‘‘Not later than 12 months after the date of the en-
actment of the Energy Efficiency and Assistance Act of
2001, the Secretary shall—
‘‘(1) develop and implement measures under the
housing loan programs under this title—
‘‘(A) to provide financing incentives to im-
prove the energy efficiency of residential prop-
erties purchased with loans made, guaranteed,
or insured under this title;
‘‘(B) to make energy efficient mortgages
(as such term is defined in section 106(c) of the
Energy Policy Act of 1992 (42 U.S.C. 12712
note)) more affordable and available; and
‘‘(C) to ensure that, in making any deter-
mination concerning the eligibility of any bor-
rower for a loan made, guaranteed, or insured
under this title that includes financing for any
residential energy conservation measures (as
such term is defined in section 210 of the Na-
tional Energy Conservation Policy Act (42
U.S.C. 8211)), the lender shall take into ac-
count the amount of the estimated future sav-
ings attributable to the improvements in energy
efficiency; and
‘‘(2) submit a report to the Congress specifying
the actions taken to carry out the requirements
under paragraph (1).’’.
(e) FANNIE MAE.—The Federal National Mortgage
Association Charter Act (12 U.S.C. 1716 et seq.) is
amended by inserting after section 304 the following new
section:
‘‘INCENTIVES TO INCREASE ENERGY EFFICIENCY—
FEDERAL NATIONAL MORTGAGE ASSOCIATION
‘‘SEC. 305. Not later than 12 months after the date
of the enactment of the Energy Efficiency and Assistance
Act of 2001, the corporation shall—
‘‘(1) develop and implement measures or stand-
ards for loans purchased by the corporation—
‘‘(A) to provide financing incentives to im-
prove the energy efficiency of residential prop-
erties purchased with such loans;
‘‘(B) to make energy efficient mortgages
(as such term is defined in section 106(c) of the
Energy Policy Act of 1992 (42 U.S.C. 12712
note)) more affordable and available; and
‘‘(C) to ensure that, in making any deter-
mination concerning the eligibility of any bor-
rower for such a loan that includes financing
for any residential energy conservation meas-
ures (as such term is defined in section 210 of
the National Energy Conservation Policy Act
(42 U.S.C. 8211)), the lender shall take into
account the amount of the estimated future
savings attributable to the improvements in en-
ergy efficiency; and
‘‘(2) submit a report to the Congress specifying
the actions taken to carry out the requirements
under paragraph (1).’’.
(f) FREDDIE MAC.—The Federal Home Loan Mort-
gage Corporation Act (12 U.S.C. 1451 et seq.) is amended
by adding at the end the following new section:
‘‘INCENTIVES TO INCREASE ENERGY EFFICIENCY
‘‘SEC. 311. Not later than 12 months after the date
of the enactment of the Energy Efficiency and Assistance
Act of 2001, the Corporation shall—
‘‘(1) develop and implement measures or stand-
ards for loans purchased by the Corporation—
‘‘(A) to provide financing incentives to im-
prove the energy efficiency of residential prop-
erties purchased with such loans;
‘‘(B) to make energy efficient mortgages
(as such term is defined in section 106(c) of the
Energy Policy Act of 1992 (42 U.S.C. 12712
note)) more affordable and available; and
‘‘(C) to ensure that, in making any deter-
mination concerning the eligibility of any bor-
rower for such a loan that includes financing
for any residential energy conservation meas-
ures (as such term is defined in section 210 of
the National Energy Conservation Policy Act
(42 U.S.C. 8211)), the lender shall take into
account the amount of the estimated future
savings attributable to the improvements in en-
ergy efficiency; and
‘‘(2) submit a report to the Congress specifying
the actions taken to carry out the requirements
under paragraph (1).’’.
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