42 U.S.C. § 8624 — Applications and requirements

Page 7632 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8624 served under section 8628a of this title and’’ after ‘‘re- maining’’. Subsec. (a)(1)(B). Pub. L. 99–425, § 505(b)(2), inserted ‘‘after reserving any amount permitted to be reserved under section 8628a of this title’’ after ‘‘therefor’’. Subsec. (c). Pub. L. 99–425, § 502(a), substituted ‘‘the capacity’’ for ‘‘and the capacity’’, inserted ‘‘, and the ability to carry out the program in local commu- nities’’, and inserted provisions relating to hourly time periods in which the program must respond, application for benefits, and nonapplicability of the program to areas affected by a natural disaster or major disaster. Subsec. (d)(2). Pub. L. 99–425, § 503, substituted ‘‘and residing within the State on the reservation of the tribes or on trust lands adjacent to such reservation’’ for ‘‘in such State with respect to which a determina- tion under this subsection is made’’, inserted ‘‘, or such greater amount as the Indian tribe and the State may agree upon’’, and inserted ‘‘In cases where a tribe has no reservation, the Secretary, in consultation with the tribe and the State, shall define the number of Indian households for the determination under this para- graph.’’ 1984—Subsec. (a)(2). Pub. L. 98–558, § 604(a), amended par. (2) generally, substituting provisions relating to State allotment computation for former provisions which also related to computation of State allotment formulas and adding subpars. (A) and (B). Subsec. (a)(4). Pub. L. 98–558, § 604(b), added par. (4). Subsec. (c). Pub. L. 98–558, § 603(a), inserted ‘‘until March 15 of each program year’’ after ‘‘reserved’’ and inserted ‘‘The program for which funds are reserved by this subsection shall be administered by public or non- profit entities which have experience in administering energy crisis programs under the Low-Income Energy Assistance Act of 1980, or under this subchapter, experi- ence in assisting low-income individuals in the area to be served, and the capacity to undertake a timely and effective energy crisis intervention program.’’ Subsec. (d)(1). Pub. L. 98–558, § 603(b), substituted ‘‘otherwise be payable’’ for ‘‘otherwise be paid’’ in pro- visions following subpar. (B). Subsec. (e). Pub. L. 98–558, § 603(c), struck out subsec. (e) which related to direct payments to households and State options. Subsec. (f). Pub. L. 98–558, § 603(d), substituted ‘‘the funds payable to it’’ for ‘‘its allotment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective Oct. 1, 1994, see section 314 of Pub. L. 103–252, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 502(a) of Pub. L. 99–425 effec- tive Dec. 1, 1986, and amendment by sections 503 and 505(b) of Pub. L. 99–425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–558 effective Oct. 30, 1984, see section 609(a) of Pub. L. 98–558, set out as a note under section 8621 of this title. RULES FOR ENERGY CRISIS INTERVENTION Pub. L. 99–425, title V, § 502(b), Sept. 30, 1986, 100 Stat. 973, provided that: ‘‘Not later than 60 days after the date of the enactment of this Act [Sept. 30, 1986], the Secretary of Health and Human Services shall issue rules to carry out the amendments made by subsection (a) [amending this section].’’ § 8624. Applications and requirements (a) Form; assurances; public hearings (1) Each State desiring to receive an allotment for any fiscal year under this subchapter shall submit an application to the Secretary. Each such application shall be in such form as the Secretary shall require. Each such application shall contain assurances by the chief executive officer of the State that the State will meet the conditions enumerated in subsection (b). (2) After the expiration of the first fiscal year for which a State receives funds under this sub- chapter, no funds shall be allotted to such State for any fiscal year under this subchapter unless such State conducts public hearings with re- spect to the proposed use and distribution of funds to be provided under this subchapter for such fiscal year. (b) Certifications required for covered activities As part of the annual application required by subsection (a), the chief executive officer of each State shall certify that the State agrees to— (1) use the funds available under this sub- chapter to— (A) conduct outreach activities and pro- vide assistance to low income households in meeting their home energy costs, particu- larly those with the lowest incomes that pay a high proportion of household income for home energy, consistent with paragraph (5); (B) intervene in energy crisis situations; (C) provide low-cost residential weather- ization and other cost-effective energy-re- lated home repair; and (D) plan, develop, and administer the State’s program under this subchapter in- cluding leveraging programs, and the State agrees not to use such funds for any purposes other than those specified in this subchapter; (2) make payments under this subchapter only with respect to— (A) households in which 1 or more individ- uals are receiving— (i) assistance under the State program funded under part A of title IV of the So- cial Security Act [42 U.S.C. 601 et seq.]; (ii) supplemental security income pay- ments under title XVI of the Social Secu- rity Act [42 U.S.C. 1381 et seq.]; (iii) supplemental nutrition assistance program benefits under the Food and Nu- trition Act of 2008 [7 U.S.C. 2011 et seq.]; or (iv) payments under section 1315, 1521, 1541, or 1542 of title 38, or under section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978; or (B) households with incomes which do not exceed the greater of— (i) an amount equal to 150 percent of the poverty level for such State; or (ii) an amount equal to 60 percent of the State median income; except that a State may not exclude a household from eligibility in a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for such State, but the State Page 7633 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8624 1 See References in Text note below. may give priority to those households with the highest home energy costs or needs in relation to household income; (3) conduct outreach activities designed to assure that eligible households, especially households with elderly individuals or disabled individuals, or both, and households with high home energy burdens, are made aware of the assistance available under this subchapter, and any similar energy-related assistance available under subtitle B of title VI (relating to community services block grant program) [42 U.S.C. 9901 et seq.] or under any other pro- vision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] before August 13, 1981; (4) coordinate its activities under this sub- chapter with similar and related programs ad- ministered by the Federal Government and such State, particularly low-income energy-re- lated programs under subtitle B of title VI (re- lating to community services block grant pro- gram) [42 U.S.C. 9901 et seq.], under the supple- mental security income program, under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], under title XX of the Social Secu- rity Act [42 U.S.C. 1397 et seq.], under the low- income weatherization assistance program under title IV of the Energy Conservation and Production Act [42 U.S.C. 6851 et seq.], or under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] before August 13, 1981; (5) provide, in a timely manner, that the highest level of assistance will be furnished to those households which have the lowest in- comes and the highest energy costs or needs in relation to income, taking into account family size, except that the State may not differen- tiate in implementing this section between the households described in clause (2)(A) and (2)(B) of this subsection; (6) to the extent it is necessary to designate local administrative agencies in order to carry out the purposes of this subchapter, give spe- cial consideration, in the designation of such agencies, to any local public or private non- profit agency which was receiving Federal funds under any low-income energy assistance program or weatherization program under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] or any other provision of law on August 12, 1981, except that— (A) the State shall, before giving such spe- cial consideration, determine that the agen- cy involved meets program and fiscal re- quirements established by the State; and (B) if there is no such agency because of any change in the assistance furnished to programs for economically disadvantaged persons, then the State shall give special consideration in the designation of local ad- ministrative agencies to any successor agen- cy which is operated in substantially the same manner as the predecessor agency which did receive funds for the fiscal year preceding the fiscal year for which the deter- mination is made; (7) if the State chooses to pay home energy suppliers directly, establish procedures to— (A) notify each participating household of the amount of assistance paid on its behalf; (B) assure that the home energy supplier will charge the eligible household, in the normal billing process, the difference be- tween the actual cost of the home energy and the amount of the payment made by the State under this subchapter; (C) assure that the home energy supplier will provide assurances that any agreement entered into with a home energy supplier under this paragraph will contain provisions to assure that no household receiving assist- ance under this subchapter will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; and (D) ensure that the provision of vendored payments remains at the option of the State in consultation with local grantees and may be contingent on unregulated vendors taking appropriate measures to alleviate the energy burdens of eligible households, including providing for agreements between suppliers and individuals eligible for benefits under this subchapter 1 that seek to reduce home energy costs, minimize the risks of home en- ergy crisis, and encourage regular payments by individuals receiving financial assistance for home energy costs; (8) provide assurances that (A) the State will not exclude households described in clause (2)(B) of this subsection from receiving home energy assistance benefits under clause (2), and (B) the State will treat owners and renters equitably under the program assisted under this subchapter; (9) provide that— (A) the State may use for planning and ad- ministering the use of funds under this sub- chapter an amount not to exceed 10 percent of the funds payable to such State under this subchapter for a fiscal year; and (B) the State will pay from non-Federal sources the remaining costs of planning and administering the program assisted under this subchapter and will not use Federal funds for such remaining costs (except for the costs of the activities described in para- graph (16)); (10) provide that such fiscal control and fund accounting procedures will be established as may be necessary to assure the proper dis- bursal of and accounting for Federal funds paid to the State under this subchapter, in- cluding procedures for monitoring the assist- ance provided under this subchapter, and pro- vide that the State will comply with the pro- visions of chapter 75 of title 31 (commonly known as the ‘‘Single Audit Act’’); (11) permit and cooperate with Federal in- vestigations undertaken in accordance with section 8627 of this title; (12) provide for timely and meaningful public participation in the development of the plan described in subsection (c); Page 7634 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8624 (13) provide an opportunity for a fair admin- istrative hearing to individuals whose claims for assistance under the plan described in sub- section (c) are denied or are not acted upon with reasonable promptness; (14) cooperate with the Secretary with re- spect to data collecting and reporting under section 8629 of this title; (15) beginning in fiscal year 1992, provide, in addition to such services as may be offered by State Departments of Public Welfare at the local level, outreach and intake functions for crisis situations and heating and cooling as- sistance that is administered by additional State and local governmental entities or com- munity-based organizations (such as commu- nity action agencies, area agencies on aging, and not-for-profit neighborhood-based organi- zations), and in States where such organiza- tions do not administer intake functions as of September 30, 1991, preference in awarding grants or contracts for intake services shall be provided to those agencies that administer the low-income weatherization or energy crisis intervention programs; and (16) use up to 5 percent of such funds, at its option, to provide services that encourage and enable households to reduce their home energy needs and thereby the need for energy assist- ance, including needs assessments, counseling, and assistance with energy vendors, and report to the Secretary concerning the impact of such activities on the number of households served, the level of direct benefits provided to those households, and the number of house- holds that remain unserved. The Secretary may not prescribe the manner in which the States will comply with the provi- sions of this subsection. The Secretary shall issue regulations to prevent waste, fraud, and abuse in the programs assisted by this sub- chapter. Not later than 18 months after May 18, 1994, the Secretary shall develop model performance goals and measurements in consultation with State, territorial, tribal, and local grantees, that the States may use to assess the success of the States in achieving the purposes of this sub- chapter. The model performance goals and meas- urements shall be made available to States to be incorporated, at the option of the States, into the plans for fiscal year 1997. The Secretary may request data relevant to the development of model performance goals and measurements. (c) State plan; revision; public inspection (1) As part of the annual application required in subsection (a), the chief executive officer of each State shall prepare and furnish to the Sec- retary, in such format as the Secretary may re- quire, a plan which— (A) describes the eligibility requirements to be used by the State for each type of assist- ance to be provided under this subchapter, in- cluding criteria for designating an emergency under section 8623(c) of this title; (B) describes the benefit levels to be used by the State for each type of assistance including assistance to be provided for emergency crisis intervention and for weatherization and other energy-related home repair; (C) contains estimates of the amount of funds the State will use for each of the pro- grams under such plan and describes the alter- native use of funds reserved under section 8623(c) of this title in the event any portion of the amount so reserved is not expended for emergencies; (D) describes weatherization and other en- ergy-related home repair the State will pro- vide under subsection (k), including any steps the State will take to address the weatheriza- tion and energy-related home repair needs of households that have high home energy bur- dens, and describes any rules promulgated by the Department of Energy for administration of its Low Income Weatherization Assistance Program which the State, to the extent per- mitted by the Secretary to increase consist- ency between federally assisted programs, will follow regarding the use of funds provided under this subchapter by the State for such weatherization and energy-related home re- pairs and improvements; (E) describes any steps that will be taken (in addition to those necessary to carry out the assurance contained in paragraph (5) of sub- section (b)) to target assistance to households with high home energy burdens; (F) describes how the State will carry out assurances in clauses (3), (4), (5), (6), (7), (8), (10), (12), (13), and (15) of subsection (b); (G) states, with respect to the 12-month pe- riod specified by the Secretary, the number and income levels of households which apply and the number which are assisted with funds provided under this subchapter, and the num- ber of households so assisted with— (i) one or more members who had attained 60 years of age; (ii) one or more members who were dis- abled; and (iii) one or more young children; and (H) contains any other information deter- mined by the Secretary to be appropriate for purposes of this subchapter. The chief executive officer may revise any plan prepared under this paragraph and shall furnish the revised plan to the Secretary. (2) Each plan prepared under paragraph (1) and each substantial revision thereof shall be made available for public inspection within the State involved in such a manner as will facilitate timely and meaningful review of, and comment upon, such plan or substantial revision. (3) Not later than April 1 of each fiscal year the Secretary shall make available to the States a model State plan format that may be used, at the option of each State, to prepare the plan re- quired under paragraph (1) for the next fiscal year. (d) Expending of funds The State shall expend funds in accordance with the State plan under this subchapter or in accordance with revisions applicable to such plan. (e) Conduct of audits Each State shall, in carrying out the require- ments of subsection (b)(10), obtain financial and compliance audits of any funds which the State Page 7635 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8624 2 So in original. Probably should be followed by a comma. receives under this subchapter. Such audits shall be made public within the State on a time- ly basis. The audits shall be conducted in ac- cordance with chapter 75 of title 31. (f) Payments or assistance not to be deemed in- come or resources for any purpose under Federal or State law; determination of excess shelter expense deduction (1) Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, the amount of any home energy as- sistance payments or allowances provided di- rectly to, or indirectly for the benefit of, an eli- gible household under this subchapter shall not be considered income or resources of such house- hold (or any member thereof) for any purpose under any Federal or State law, including any law relating to taxation, supplemental nutrition assistance program benefits, public assistance, or welfare programs. (2) For purposes of paragraph (1) of this sub- section and for purposes of determining any ex- cess shelter expense deduction under section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e))— (A) the full amount of such payments or al- lowances shall be deemed to be expended by such household for heating or cooling ex- penses, without regard to whether such pay- ments or allowances are provided directly to, or indirectly for the benefit of, such house- hold, except that, for purposes of the supple- mental nutrition assistance program estab- lished under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture; and (B) no distinction may be made among households on the basis of whether such pay- ments or allowances are provided directly to, or indirectly for the benefit of, any of such households. (g) Repayment of funds expended improperly; offset The State shall repay to the United States amounts found not to have been expended in ac- cordance with this subchapter or the Secretary may offset such amounts against any other amount to which the State is or may become en- titled under this subchapter. (h) Periodic evaluation of expenditures by Comp- troller General The Comptroller General of the United States shall, from time to time 2 evaluate the expendi- tures by States of grants under this subchapter in order to assure that expenditures are con- sistent with the provisions of this subchapter and to determine the effectiveness of the State in accomplishing the purposes of this sub- chapter. (i) Certain recipients of supplemental security income ineligible for payments or assistance A household which is described in subsection (b)(2)(A) solely by reason of clause (ii) thereof shall not be treated as a household described in subsection (b)(2) if the eligibility of the house- hold is dependent upon— (1) an individual whose annual supplemental security income benefit rate is reduced pursu- ant to section 1611(e)(1) of the Social Security Act [42 U.S.C. 1382(e)(1)] by reason of being in an institution receiving payments under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] with respect to such individual; (2) an individual to whom the reduction specified in section 1612(a)(2)(A)(i) of the So- cial Security Act [42 U.S.C. 1382a(a)(2)(A)(i)] applies; or (3) a child described in section 1614(f)(2) of the Social Security Act [42 U.S.C. 1382c(f)(2)] who is living together with a parent, or the spouse of a parent, of the child. (j) State verification of income eligibility; poli- cies and procedures applicable In verifying income eligibility for purposes of subsection (b)(2)(B), the State may apply proce- dures and policies consistent with procedures and policies used by the State agency admin- istering programs under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], under title XX of the Social Security Act [42 U.S.C. 1397 et seq.], under subtitle B of title VI of this Act (relating to community services block grant program) [42 U.S.C. 9901 et seq.], under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] before August 13, 1981, or under other income as- sistance or service programs (as determined by the State). (k) Limitation on use of funds; waiver (1) Except as provided in paragraph (2), not more than 15 percent of the greater of— (A) the funds allotted to a State under this subchapter for any fiscal year; or (B) the funds available to such State under this subchapter for such fiscal year; may be used by the State for low-cost residen- tial weatherization or other energy-related home repair for low-income households, particu- larly those low-income households with the low- est incomes that pay a high proportion of house- hold income for home energy. (2)(A) If a State receives a waiver granted under subparagraph (B) for a fiscal year, the State may use not more than the greater of 25 percent of— (i) the funds allotted to a State under this subchapter for such fiscal year; or (ii) the funds available to such State under this subchapter for such fiscal year; for residential weatherization or other energy- related home repair for low-income households, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy. (B) For purposes of subparagraph (A), the Sec- retary may grant a waiver to a State for a fiscal year if the State submits a written request to the Secretary after March 31 of such fiscal year and if the Secretary determines, after reviewing such request and any public comments, that— (i)(I) the number of households in the State that will receive benefits, other than weather- Page 7636 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8624 ization and energy-related home repair, under this subchapter in such fiscal year will not be fewer than the number of households in the State that received benefits, other than weatherization and energy-related home re- pair, under this subchapter in the preceding fiscal year; (II) the aggregate amounts of benefits that will be received under this subchapter by all households in the State in such fiscal year will not be less than the aggregate amount of such benefits that were received under this sub- chapter by all households in the State in the preceding fiscal year; and (III) such weatherization activities have been demonstrated to produce measurable sav- ings in energy expenditures by low-income households; or (ii) in accordance with rules issued by the Secretary, the State demonstrates good cause for failing to satisfy the requirements speci- fied in clause (i). (l) State tax credits to energy suppliers who sup- ply home energy at reduced rates to low-in- come households (1) Any State may use amounts provided under this subchapter for the purpose of providing credits against State tax to energy suppliers who supply home energy at reduced rates to low-income households. (2) Any such credit provided by a State shall not exceed the amount of the loss of revenue to such supplier on account of such reduced rate. (3) Any certification for such tax credits shall be made by the State, but such State may use Federal data available to such State with re- spect to recipients of supplemental security in- come benefits if timely delivery of benefits to households described in subsection (b) and sup- pliers will not be impeded by the use of such data. (Pub. L. 97–35, title XXVI, § 2605, Aug. 13, 1981, 95 Stat. 896; Pub. L. 98–558, title VI, § 605, Oct. 30, 1984, 98 Stat. 2891; Pub. L. 99–425, title V, § 504, Sept. 30, 1986, 100 Stat. 974; Pub. L. 101–501, title VII, §§ 704, 705, Nov. 3, 1990, 104 Stat. 1259; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–252, title III, §§ 305–309, 311(a)(1), (b), (c)(4), (5), May 18, 1994, 108 Stat. 659–662; Pub. L. 104–66, title I, § 1072(c), Dec. 21, 1995, 109 Stat. 721; Pub. L. 104–193, title I, § 110(p), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 105–285, title III, § 306, Oct. 27, 1998, 112 Stat. 2758; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (E), (2)(EE), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (E), (2)(EE), June 18, 2008, 122 Stat. 1664, 1857, 1859; Pub. L. 113–79, title IV, § 4006(b), Feb. 7, 2014, 128 Stat. 787.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (b)(2)(A)(i), (ii), (4), (i)(1), and (j), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Social Secu- rity Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of this title. Titles XVI, XIX, and XX of the Social Security Act are classified generally to subchapters XVI (§ 1381 et seq.), XIX (§ 1396 et seq.), and XX (§ 1397 et seq.) of chapter 7 of this title, respectively. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Food and Nutrition Act of 2008, referred to in subsecs. (b)(2)(A)(iii) and (f)(2)(A), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. Section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978, referred to in subsec. (b)(2)(A)(iv), is section 306 of Pub. L. 95–588, title III, Nov. 4, 1978, 92 Stat. 2508, which is set out as a note under section 521 of Title 38, Veterans’ Benefits. Subtitle B of title VI, referred to in subsecs. (b)(3), (4) and (j), is subtitle B of title VI of Pub. L. 97–35, § 671 et seq., Aug. 13, 1981, 95 Stat. 511, known as the Commu- nity Services Block Grant Act, which is classified gen- erally to chapter 106 (§ 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables. The Economic Opportunity Act of 1964, referred to in subsecs. (b)(3), (4), (6) and (j), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of this title prior to repeal, ex- cept for titles VIII and X, by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Tables. The Energy Conservation and Production Act, re- ferred to in subsec. (b)(4), is Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1142. Title IV of the Energy Conservation and Production Act is classified principally to subchapter III (§ 6851 et seq.) of chapter 81 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. This subchapter, referred to in subsec. (b)(7)(D), was in the original ‘‘this Act’’ and was translated as read- ing ‘‘this title’’, meaning title XXVI of Pub. L. 97–35, known as the Low-Income Home Energy Assistance Act of 1981, to reflect the probable intent of Congress. CODIFICATION In subsec. (b)(6), ‘‘August 12, 1981’’ substituted for ‘‘the day before the date of the enactment of this Act’’, which date of enactment is Aug. 13, 1981. Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Subsec. (f)(2)(A). Pub. L. 113–79 inserted before semicolon ‘‘, except that, for purposes of the supple- mental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture’’. 2008—Subsec. (b)(2)(A)(iii). Pub. L. 110–246, § 4002(b)(1)(B), (E), (2)(EE), substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamps’’ and ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’. Subsec. (f)(1). Pub. L. 110–246, § 4002(b)(1)(E), (2)(EE), substituted ‘‘supplemental nutrition assistance pro- gram benefits’’ for ‘‘food stamps’’. Subsec. (f)(2). Pub. L. 110–246, § 4002(b)(1)(B), (2)(EE), substituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’ in introductory provisions. 1998—Subsec. (b). Pub. L. 105–285, § 306(1)(C), (D), struck out ‘‘The Secretary may not prescribe the man- ner in which the States will comply with the provisions of this subsection.’’ in provisions after par. (14) and in- serted identical language before ‘‘The Secretary shall issue’’ in concluding provisions after par. (16). Page 7637 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8624 Subsec. (b)(9)(A). Pub. L. 105–285, § 306(1)(A), struck out ‘‘and not transferred pursuant to section 8623(f) of this title for use under another block grant’’ before the semicolon. Subsec. (b)(14). Pub. L. 105–285, § 306(1)(B), struck out ‘‘and’’ at end. Subsec. (c)(1)(B). Pub. L. 105–285, § 306(2)(A), sub- stituted ‘‘State’’ for ‘‘States’’. Subsec. (c)(1)(G)(i). Pub. L. 105–285, § 306(2)(B), sub- stituted ‘‘had’’ for ‘‘has’’. Subsec. (k)(1), (2)(A). Pub. L. 105–285, § 306(3), inserted before period at end ‘‘, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy’’. 1996—Subsec. (b)(2)(A)(i). Pub. L. 104–193 amended cl. (i) generally. Prior to amendment, cl. (i) read as fol- lows: ‘‘aid to families with dependent children under the State’s plan approved under part A of title IV of the Social Security Act (other than such aid in the form of foster care in accordance with section 408 of such Act);’’. 1995—Subsec. (h). Pub. L. 104–66 struck out ‘‘(but not less frequently than every three years),’’ after ‘‘from time to time’’. 1994—Subsec. (b). Pub. L. 103–252, § 311(c)(4), trans- ferred the sentence immediately preceding par. (15) to appear as a flush sentence immediately after par. (16). Pub. L. 103–252, § 311(b), inserted at end ‘‘Not later than 18 months after May 18, 1994, the Secretary shall develop model performance goals and measurements in consultation with State, territorial, tribal, and local grantees, that the States may use to assess the success of the States in achieving the purposes of this sub- chapter. The model performance goals and measure- ments shall be made available to States to be incor- porated, at the option of the States, into the plans for fiscal year 1997. The Secretary may request data rel- evant to the development of model performance goals and measurements.’’ Subsec. (b)(1). Pub. L. 103–252, § 305(a), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘use the funds available under this subchapter for the purposes described in section 8621(a) of this title and otherwise in accordance with the requirements of this subchapter, and agrees not to use such funds for any payments other than payments specified in this section;’’. Subsec. (b)(2)(B). Pub. L. 103–252, § 306(a), in con- cluding provisions substituted ‘‘except that a State may not exclude a household from eligibility in a fiscal year solely on the basis of household income if such in- come 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 household income;’’ for ‘‘except that no household may be excluded from eligibility under this subclause for payments under this sub- chapter for fiscal year 1986 and thereafter if the house- hold has an income which is less than 110 percent of the poverty level for such State for such fiscal year’’. Subsec. (b)(3). Pub. L. 103–252, §§ 306(b), 311(c)(3), sub- stituted ‘‘disabled’’ for ‘‘handicapped’’ and ‘‘and house- holds with high home energy burdens, are made aware’’ for ‘‘are made aware’’. Subsec. (b)(5). Pub. L. 103–252, § 306(c), inserted ‘‘or needs’’ after ‘‘highest energy costs’’. Subsec. (b)(7)(D). Pub. L. 103–252, § 311(a)(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘assure that any home energy supplier receiving direct payments agrees not to discriminate, either in the cost of the goods supplied or the services provided, against the eligible household on whose be- half payments are made;’’. Subsec. (b)(9)(B). Pub. L. 103–252, § 305(b)(1), inserted before semicolon at end ‘‘(except for the costs of the ac- tivities described in paragraph (16))’’. Subsec. (b)(10). Pub. L. 103–252, § 307(1), substituted ‘‘and provide that the State will comply with the provi- sions of chapter 75 of title 31 (commonly known as the ‘Single Audit Act’)’’ for ‘‘and provide that at least every two years the State shall prepare an audit of its expenditures of amounts received under this subchapter and amounts transferred to carry out the purposes of this subchapter’’. Subsec. (b)(16). Pub. L. 103–252, § 305(b)(2), (3), added par. (16). Subsec. (c)(1)(D). Pub. L. 103–252, § 308, inserted before semicolon at end ‘‘, including any steps the State will take to address the weatherization and energy-related home repair needs of households that have high home energy burdens, and describes any rules promulgated by the Department of Energy for administration of its Low Income Weatherization Assistance Program which the State, to the extent permitted by the Secretary to increase consistency between federally assisted pro- grams, will follow regarding the use of funds provided under this subchapter by the State for such weatheriza- tion and energy-related home repairs and improve- ments’’. Subsec. (c)(1)(E). Pub. L. 103–252, § 306(d)(2), added sub- par. (E). Former subpar. (E) redesignated (F). Subsec. (c)(1)(F). Pub. L. 103–252, §§ 306(d)(1), 309(1), re- designated subpar. (E) as (F), substituted ‘‘(13), and (15)’’ for ‘‘and (13)’’, and struck out ‘‘and’’ at end. Former subpar. (F) redesignated (H). Subsec. (c)(1)(G). Pub. L. 103–252, § 309(2), added sub- par. (G). Subsec. (c)(1)(H). Pub. L. 103–252, § 306(d)(1), redesig- nated subpar. (F) as (H). Subsec. (e). Pub. L. 103–252, § 307(2), substituted ‘‘in accordance with chapter 75 of title 31’’ for ‘‘at least every two years by an organization or person inde- pendent of any agency administering activities under this subchapter. The audits shall be conducted in ac- cordance with the Comptroller General’s standards for audit of governmental organizations, programs, activi- ties, and functions. Within 30 days after completion of each audit, the chief executive officer of the State shall submit a copy of the audit to the legislature of the State and to the Secretary’’. 1991—Subsec. (b)(2)(A)(iv). Pub. L. 102–83 substituted ‘‘section 1315, 1521, 1541, or 1542 of title 38’’ for ‘‘section 415, 521, 541, or 542 of title 38’’. 1990—Subsec. (b)(12). Pub. L. 101–501, § 704(a)(1), in- serted ‘‘timely and meaningful’’ after ‘‘provide for’’. Subsec. (b)(15). Pub. L. 101–501, § 704(a)(2)–(4), added par. (15) at end. Subsec. (c)(2). Pub. L. 101–501, § 704(b), inserted ‘‘time- ly and meaningful’’ after ‘‘will facilitate’’. Subsec. (k). Pub. L. 101–501, § 705, designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, substituted ‘‘Except as provided in paragraph (2), not’’ for ‘‘Not’’, and added par. (2). 1986—Subsec. (b)(5). Pub. L. 99–425, § 504(a), sub- stituted ‘‘in a timely manner’’ for ‘‘in a manner con- sistent with the efficient and timely payment of bene- fits’’. Subsec. (b)(14) to (17). Pub. L. 99–425, § 504(b), redesig- nated cl. (17) as (14), and struck out former cls. (14) to (16) which read as follows: ‘‘(14) describe the procedures by which households in the State are identified as eligible to participate under this subchapter and the manner in which the State de- termines benefit levels; ‘‘(15) describe the amount that the State will reserve in accordance with section 8623(c) of this title in each fiscal year for energy crisis intervention activities to- gether with the administrative procedures (A) for des- ignating an emergency, (B) for determining the assist- ance to be provided in any such emergency, and (C) for the use of funds reserved under such section for the purposes under this subchapter in the event any por- tion of the amount so reserved is not expended for emergencies. ‘‘(16) describe energy usage and the average cost of home energy in the State, identified by type of fuel and by region of the State;’’. Subsec. (c)(1). Pub. L. 99–425, § 504(c), revised provi- sions relating to requirements for State plans, restat- Page 7638 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8624 ing as subpars. (A) to (F), provisions of former subpars. (A) to (E). Subsec. (c)(3). Pub. L. 99–425, § 504(d), added par. (3). Subsec. (f). Pub. L. 99–425, § 504(e), designated existing provisions as par. (1), substituted ‘‘provided directly to, or indirectly for the benefit of’’ for ‘‘provided to’’, and added par. (2). 1984—Subsec. (b). Pub. L. 98–558, § 605(a)(9), inserted at end ‘‘The Secretary shall issue regulations to prevent waste, fraud, and abuse in the programs assisted by this subchapter.’’ Subsec. (b)(1). Pub. L. 98–558, § 605(a)(1), substituted ‘‘section’’ for ‘‘subsection’’. Subsec. (b)(2)(B). Pub. L. 98–558, § 605(a)(2), inserted ‘‘except that no household may be excluded from eligi- bility under this subclause for payments under this subchapter for fiscal year 1986 and thereafter if the household has an income which is less than 110 percent of the poverty level for such State for such fiscal year’’. Subsec. (b)(5). Pub. L. 98–558, § 605(a)(3), inserted ‘‘, except that the State may not differentiate in im- plementing this section between the households de- scribed in clause (2)(A) and (2)(B) of this subsection’’. Subsec. (b)(7)(C). Pub. L. 98–558, § 605(a)(4), substituted ‘‘adversely’’ for ‘‘any differently’’. Subsec. (b)(8). Pub. L. 98–558, § 605(a)(5), designated ex- isting provisions as subpar. (B) and added subpar. (A). Subsec. (b)(9)(A). Pub. L. 98–558, § 605(a)(6), in amend- ing subpar. (A) generally, struck out ‘‘in each fiscal year’’ before ‘‘the State may’’ and substituted ‘‘for a fiscal year and not transferred pursuant to section 8623(f) of this title for use under another block grant’’ for ‘‘for such fiscal year’’. Subsec. (b)(10). Pub. L. 98–558, § 605(a)(7), substituted ‘‘every two years’’ for ‘‘every year’’. Subsec. (b)(14) to (17). Pub. L. 98–558, § 605(a)(8), which directed amendment of subsec. (b) by adding pars. (14) to (17) at the end thereof, was executed by adding those pars. after par. (13) to reflect the probable intent of Congress. Subsec. (c)(1). Pub. L. 98–558, § 605(b)(1), in amending par. (1) generally, designated existing provisions as subpar. (A) and added subpars. (B) to (E). Subsec. (c)(2). Pub. L. 98–558, § 605(b)(2), inserted ‘‘and each substantial revision thereof’’ and ‘‘or substantial revision’’ at the end. Subsec. (d). Pub. L. 98–558, § 605(c), in amending sub- sec. (d) generally, substituted provisions that the State shall expend funds in accordance with the State plan or revisions thereto for former provisions which related to waiver of requirements. Subsec. (e). Pub. L. 98–558, § 605(d), in amending sub- sec. (e) generally, inserted provisions requiring that the audits be made public and that they shall be conducted in accordance with the Comptroller General’s stand- ards. Subsec. (f). Pub. L. 98–558, § 605(e), inserted ‘‘unless enacted in express limitation of this paragraph’’. Subsec. (h). Pub. L. 98–558, § 605(f), inserted ‘‘(but not less frequently than every three years)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–79 effective 30 days after Feb. 7, 2014 and applicable with respect to certification periods that begin after that date, with State option to delay implementation for current recipients of stand- ard utility allowance, see section 4006(c) of Pub. L. 113–79, set out as a note under section 2014 of Title 7, Agriculture. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (E), (2)(EE) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective Oct. 1, 1994, see section 314 of Pub. L. 103–252, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 504(a)–(d) of Pub. L. 99–425 not applicable with respect to any fiscal year beginning in or before the 60-day period ending on Oct. 1, 1986, and amendment by section 504(e) effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–558 effective on first day of first fiscal year beginning after Oct. 30, 1984, see section 609(b) of Pub. L. 98–558, set out as a note under section 8621 of this title. CLARIFICATION ON UTILITY ALLOWANCES Pub. L. 102–550, title IX, § 927, Oct. 28, 1992, 106 Stat. 3885, as amended by Pub. L. 103–185, § 1, Dec. 14, 1993, 107 Stat. 2244, provided that: ‘‘(a) ELIGIBILITY.—Tenants who— ‘‘(1) are responsible for making out-of-pocket pay- ments for utility bills; and ‘‘(2) receive energy assistance through utility al- lowances that include energy costs under programs identified in subsection (c); shall not have their eligibility or benefits under other programs designed to assist low-income people with in- creases in energy costs since 1978 reduced or elimi- nated, except as provided in subsection (d). ‘‘(b) EQUAL TREATMENT IN BENEFIT PROGRAMS.—Ten- ants described in subsection (a) shall be treated identi- cally with other households eligible for or receiving en- ergy assistance, including in the determination of the home energy costs for which they are individually re- sponsible and in the determination of their incomes for any program in which eligibility or benefits are based on need, except as provided in subsection (d). ‘‘(c) APPLICABILITY.—This section applies to programs under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the National Housing Act [12 U.S.C. 1701 et seq.], section 101 of the Housing and Urban Develop- ment Act of 1965 [12 U.S.C. 1701s], section 202 of the Housing Act of 1959 [12 U.S.C. 1701q], and title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]. ‘‘(d) SPECIAL RULE FOR LOW-INCOME HOME ENERGY AS- SISTANCE PROGRAM.—For purposes of the Low-Income Home Energy Assistance Program, tenants described in subsection (a)(2) who are responsible for paying some or all heating or cooling costs shall not have their eligi- bility automatically denied. A State may consider the amount of the heating or cooling component of utility Page 7639 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8626 allowances received by tenants described in subsection (a)(2) when setting benefit levels under the Low-Income Home Energy Assistance Program. The size of any re- duction in Low-Income Home Energy Assistance Pro- gram benefits must be reasonably related to the amount of the heating or cooling component of the utility allowance received and must ensure that the highest level of assistance will be furnished to those households with the lowest incomes and the highest en- ergy costs in relation to income, taking into account family size, in compliance with section 2605(b)(5) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(5)).’’ § 8625. Nondiscrimination provisions (a) Prohibitions No person shall on the ground of race, color, national origin, or sex be excluded from partici- pation in, be denied the benefits of, or be sub- jected to discrimination under, any program or activity funded in whole or in part with funds made available under this subchapter. Any pro- hibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an other- wise qualified handicapped individual as pro- vided in section 794 of title 29 also shall apply to any such program or activity. (b) Procedures applicable to secure compliance Whenever the Secretary determines that a State that has received a payment under this subchapter has failed to comply with subsection (a) or an applicable regulation, he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to se- cure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 794 of title 29, as may be appli- cable; or (3) take such other action as may be provided by law. (c) Maintenance of civil actions When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that the State is en- gaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. (Pub. L. 97–35, title XXVI, § 2606, Aug. 13, 1981, 95 Stat. 900.) Editorial Notes REFERENCES IN TEXT The Age Discrimination Act of 1975, referred to in subsecs. (a) and (b), is title III of Pub. L. 94–135, Nov. 28, 1975, 78 Stat. 728, which is classified generally to chap- ter 76 (§ 6101 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. § 8626. Payments to States; fiscal year require- ments respecting availability, etc. (a)(1) From its allotment under section 8623 of this title, the Secretary shall make payments to each State in accordance with section 6503(a) of title 31, for use under this subchapter. (2) Each State shall notify the Secretary, not later than 2 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 such State elects to submit a re- quest described in subsection (b)(2), such State shall submit such request at the same time. The Secretary shall make no payment under para- graph (1) to a State for a fiscal year unless the State has complied with this paragraph with re- spect to the prior fiscal year. (b)(1) If— (A) the Secretary determines that, as of Sep- tember 1 of any fiscal year, an amount allot- ted to a State under section 8623 of this title for any fiscal year will not be used by such State during such fiscal year; (B) the Secretary— (i) notifies the chief executive officer of such State; and (ii) publishes a timely notice in the Fed- eral Register; that, after the 30-day period beginning on the date of the notice to such chief executive offi- cer, such amount may be reallotted; and (C) the State does not request, under para- graph (2), that such amount be held available for such State for the following fiscal year; then such amount shall be treated by the Sec- retary for purposes of this subchapter as an amount appropriated for the following fiscal year to be allotted under section 8623 of this title for such following fiscal year. (2)(A) Any State may request that an amount allotted to such State for a fiscal year be held available for such State for the following fiscal year. Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fis- cal year. Any amount so held available for the following fiscal year shall not be taken into ac- count in computing the allotment of or the amount payable to such State for such fiscal year under this subchapter. (B) No amount may be held available under this paragraph for a State from a prior fiscal year to the extent such amount exceeds 10 per- cent of the amount payable to such State for such prior fiscal year. For purposes of the pre- ceding sentence, the amount payable to a State for a fiscal year shall be determined without re- gard to any amount held available under this paragraph for such State for such fiscal year from the prior fiscal year. (C) The Secretary shall reallot amounts made available under this paragraph for the fiscal