I
#
103D CONGRESS
2D SESSION
H. R. 4085
To amend the Low-Income Home Energy Assistance Act of 1981 to reauthor-
ize appropriations for fiscal years 1996 through 1999, remove impedi-
ments 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 HOUSE OF REPRESENTATIVES
MARCH 17, 1994
Mr. MARTINEZ (for himself, Mr. SHARP, Mr. FORD of Michigan, and Mr. DIN-
GELL) introduced the following bill; which was referred jointly to the
Committees on Education and Labor and Energy and Commerce
A BILL
To amend the Low-Income Home Energy Assistance Act
of 1981 to reauthorize 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act be cited as the ‘‘Low-Income Home Energy
Assistance Amendments of 1994’’.
HR 4085 IH1S
SEC. 2. STATEMENT OF PURPOSE.
Section 2602(a) of the Low-Income Home Energy
Assistance Act of 1981 (hereafter referred to as the
‘‘Act’’) is amended to read as follows:
‘‘SEC. 2602(a). In order to assist low-income house-
holds, particularly those that pay a high proportion of
their income for home energy, both in meeting their imme-
diate home energy needs, and in attaining the capacity to
meet such needs independently in the future, the Secretary
of Health and Human Services is authorized to make
grants to States for programs and activities consistent
with the provisions of this title.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNTS AUTHORIZED.—(1) Section 2602(b) of
the Act is amended by striking out all after ‘‘this title’’
in the first sentence and inserting in lieu thereof ‘‘such
sums as may be necessary for each of fiscal years 1995,
1996, 1997, 1998, and 1999.’’.
(2) Section 2602(d) of the Act is amended to read
as follows:
‘‘(d)(1) There are authorized to be appropriated to
carry out section 2607A $50,000,000 for each of fiscal
years 1995 and 1996, $60,000,000 for fiscal year 1997,
$70,000,000 for fiscal year 1998, and $80,000,000 for fis-
cal year 1999, except that, if the amount appropriated
pursuant to subsection (b) does not exceed the amount
HR 4085 IH1S
specified in paragraph (2) for a fiscal year, the amount
authorized to be appropriated to carry out section 2607A
for such fiscal year shall be $50,000,000.
‘‘(2) For purposes of paragraph (1), the amount
specified is—
‘‘(A) for fiscal year 1997, the amount appro-
priated pursuant to subsection (b) for fiscal year
1996,
‘‘(B) for fiscal year 1998, the amount so appro-
priated for fiscal year 1997, and
‘‘(C) for fiscal year 1999, the amount so appro-
priated for fiscal year 1998,
or, if greater, the amount so appropriated for fiscal year
1995.’’.
(b) PERIOD FOR WHICH APPROPRIATION IS MADE;
REPEAL OF PROGRAM YEAR.—Section 2602 of the Act
is amended—
(1) by repealing subsection (c),
(2) by redesignating subsection (d) as sub-
section (c), and
(3) by amending the second sentence of sub-
section (b) to read as follows: ‘‘Amounts appro-
priated pursuant to this subsection or subsection (c)
in an appropriations Act for a fiscal year shall be
HR 4085 IH1S
available for carrying out this title in the following
fiscal year.
SEC. 4. EMERGENCY FUNDS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
2602 of the Act is amended by adding at the end thereof
the following new subsection:
‘‘(d) There are authorized to be appropriated in any
fiscal year for payments under this title, in addition to
amounts appropriated for distribution to all the States in
accordance with section 2604 (other than subsection (g)),
such sums as may be necessary to meet additional home
energy assistance needs of one or more States arising from
a natural disaster or other emergency. Funds appro-
priated pursuant to this authorization are hereby des-
ignated to be emergency requirements pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985, except that such funds shall
be made available only after submission to Congress of
a formal budget request by the President (for all or a part
of the appropriation pursuant to this subsection) that in-
cludes designation of the amount requested as an emer-
gency requirement as defined in such Act.’’.
(b) ALLOTMENT OF EMERGENCY FUNDS.—Section
2604 of the Act is amended by adding at the end thereof
the following new subsection:
HR 4085 IH1S
‘‘(g) The Secretary may allot amounts appropriated
pursuant to section 2602(d) to one or more than one
State, and without regard to the preceding subsections
this section. The Secretary shall take into account, in de-
termining to which State or States additional funds will
be provided, the extent to which a State was affected by
the emergency or disaster, the availability to an affected
State of other resources under this or any other program,
and such other factors as the Secretary finds relevant.’’.
SEC. 5. AUTHORIZED USES OF FUNDS.
Section 2605(b)(1) of the Act is amended to read as
follows:
‘‘(1) use the funds available under this title to
conduct outreach activities and provide assistance to
low-income households, particularly those that pay a
high proportion of their income for home energy, to
intervene in energy crisis situations, and, to the ex-
tent found appropriate by the State, to encourage
and enable households to attain, to the maximum ex-
tent feasible, home energy self-sufficiency, to provide
low-cost residential weatherization and other cost-
effective residential repairs or improvements related
to energy use, to provide energy conservation edu-
cation, and to plan, develop, and administer the
State’s program under this title including leveraging
HR 4085 IH1S
programs, and the State agrees not to use such
funds for any purposes other than those specified in
this title;’’.
SEC. 6. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH
HIGH HOME-ENERGY BURDENS.
(a) Section 2605(b)(2)(B) of the Act is amended by
striking out ‘‘except that’’ and all that follows and insert-
ing in lieu thereof ‘‘except that a State may not exclude
a household from eligibility in a fiscal year solely on the
basis of its income if its income is less than 110 percent
of the poverty level for such State, but the State may give
priority to those households with the highest home energy
costs or needs in relation to income;’’.
(b) Section 2605(b)(3) of the Act is amended by
striking out ‘‘are made aware’’ and inserting in lieu there-
of ‘‘and households with high home energy burdens, are
made aware’’.
(c) Section 2605(b)(5) of the Act is amended by in-
serting ‘‘or needs’’ immediately after ‘‘highest energy
costs’’.
(d) Section 2605(c)(1) of the Act is amended—
(1) by redesignating subparagraphs (E) and
(F) as subparagraphs (F) and (G), respectively, and
(2) by inserting after and below subparagraph
(D) the following:
HR 4085 IH1S
‘‘(E) describes any steps that will be taken (in
addition to those necessary to carry out the assur-
ance in clause (5) of subsection (b)) to target assist-
ance to households with high home energy bur-
dens;’’.
SEC. 7. REMOVAL OF CONSTRAINT ON SECRETARIAL PRO-
GRAM GUIDANCE.
The first sentence immediately following paragraph
(14) of section 2605(b) of the Act is repealed.
SEC. 8. CLARIFICATION OF AUDIT REQUIREMENT.
Section 2605 of the Act is amended—
(1) in subsection (b)(10) by striking out ‘‘and
provide that’’ and all that follows and inserting in
lieu thereof ‘‘and provide that the State will comply
with the provisions of chapter 75 of title 31 of the
United States Code (popularly known as the ‘Single
Audit Act’);’’, and
(2) in subsection (e), by striking out ‘‘at least
every two years’’ and all that follows and inserting
in lieu thereof ‘‘in accordance with chapter 75 of
title 31 of the United States Code.’’.
HR 4085 IH1S
SEC. 9. USE OF DEPARTMENT OF ENERGY WEATHERIZA-
TION RULES TO ACHIEVE PROGRAM CON-
SISTENCY.
Section 2605(c)(1)(D) of the Act is amended by in-
serting before the semicolon at the end thereof ‘‘, including
any steps the State will take to address the weatherization
and energy-related home repair needs of households that
have disproportionately high home energy costs or needs
in relation to household income, and describes the rules
promulgated by the Department of Energy for administra-
tion of its Low Income Weatherization Assistance Pro-
gram which the State, to the extent permitted by the Sec-
retary to increase consistency between federally assisted
programs, will follow regarding the use of funds provided
under this title by the State for such weatherization and
energy-related home repairs and improvements’’.
SEC. 10. MATTERS TO BE DESCRIBED IN ANNUAL APPLICA-
TION.
Section 2605(c)(1) is amended—
(1) by striking out ‘‘and (13)’’ in subparagraph
(E) and inserting in lieu thereof ‘‘(13), and (15)’’,
(2) by striking out ‘‘and’’ after such subpara-
graph, and
(3) by redesignating subparagraph (F) as sub-
paragraph (G) and inserting after and below sub-
paragraph (E) the following new subparagraph:
HR 4085 IH1S
‘‘(F) states, with respect to the 12-month
period specified by the Secretary, the number
and income levels of households assisted with
funds provided under this title, and the number
of households so assisted with (i) a member
who had attained age 60, (ii) a member who
was disabled, and (iii) one or more young chil-
dren; and’’.
SEC. 11. REPORT OF FUNDS AVAILABLE FOR OBLIGATION.
Section 2607 of the Act is amended by redesignating
subsection (a) as subsection (a)(1) and by adding after
and below such subsection the following new paragraph:
‘‘(2) Each State shall notify the Secretary, not
later than two months prior to the close of a fiscal
year, of the amount (if any) of its allotment for such
year that will not be obligated in such year, and, if
it chooses to submit a request described in sub-
section (b)(2), it shall submit such request at the
same time. The Secretary shall make no payment
under paragraph (1) to a State for a fiscal year un-
less the State has complied with this paragraph with
respect to the prior fiscal year.’’.
SEC. 12. MINOR AND TECHNICAL AMENDMENTS.
(a) MINOR AMENDMENTS.—(1) Section 2605(b)(7)
of the Act is amended—
HR 4085 IH1S
(B) by striking out the semicolon at the end of
such paragraph and inserting in lieu thereof a pe-
riod.
(3) Section 2605(b) of the Act is amended by placing
immediately after and below paragraph (15) the sentence
that immediately precedes such paragraph.
(4)(A) Section 2605(b)(3) of the Act is amended by
striking out ‘‘handicapped’’ and inserting in lieu thereof
‘‘disabled’’.
(B) Section 2610(a)(5) of the Act is amended—
(i) by striking out ‘‘handicapped’’ and inserting
in lieu thereof ‘‘disabled’’; and
(ii) by inserting before the semicolon at the end
thereof ‘‘or include young children’’.
(5) Section 2607A(c)(2) of the Act is amended by
striking out ‘‘.0008 percent’’ and inserting in lieu thereof
‘‘0.08 percent’’.
(6) Section 2610(a)(2) of Act is amended by striking
out the semicolon after ‘‘used’’ and inserting it after
‘‘title’’.
SEC. 13. EFFECTIVE DATE.
The amendments and repeals made by this Act shall
become effective October 1, 1994.
Æ