[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4085 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4085

     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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 1994

  Mr. Martinez (for himself, Mr. Sharp, Mr. Ford of Michigan, and Mr. 
 Dingell) 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 Representatives of the 
United States of America in Congress assembled, That this Act be cited 
as the ``Low-Income Home Energy Assistance Amendments of 1994''.

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 households, 
particularly those that pay a high proportion of their income for home 
energy, both in meeting their immediate 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 fiscal year 1999, except that, if the amount 
appropriated pursuant to subsection (b) does not exceed the amount 
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 appropriated 
        pursuant to subsection (b) for fiscal year 1996,
            ``(B) for fiscal year 1998, the amount so appropriated for 
        fiscal year 1997, and
            ``(C) for fiscal year 1999, the amount so appropriated 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 subsection (c), and
            (3) by amending the second sentence of subsection (b) to 
        read as follows: ``Amounts appropriated pursuant to this 
        subsection or subsection (c) in an appropriations Act for a 
        fiscal year shall be 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 appropriated pursuant to 
this authorization are hereby designated 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 includes designation of the amount requested as 
an emergency 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:
    ``(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 determining 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 extent found appropriate by the State, 
        to encourage and enable households to attain, to the maximum 
        extent 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 education, and to plan, develop, 
        and administer the State's program under this title including 
        leveraging 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 inserting 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 thereof ``and households with high 
home energy burdens, are made aware''.
    (c) Section 2605(b)(5) of the Act is amended by inserting ``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:
            ``(E) describes any steps that will be taken (in addition 
        to those necessary to carry out the assurance in clause (5) of 
        subsection (b)) to target assistance to households with high 
        home energy burdens;''.

SEC. 7. REMOVAL OF CONSTRAINT ON SECRETARIAL PROGRAM 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.''.

SEC. 9. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO ACHIEVE 
              PROGRAM CONSISTENCY.

    Section 2605(c)(1)(D) of the Act is amended by inserting 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 administration of its Low 
Income Weatherization Assistance Program which the State, to the extent 
permitted by the Secretary 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 APPLICATION.

    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 subparagraph, and
            (3) by redesignating subparagraph (F) as subparagraph (G) 
        and inserting after and below subparagraph (E) the following 
        new subparagraph:
                    ``(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 
                children; 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 subsection (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 unless 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--
            (A) by adding ``and'' after the semicolon after 
        subparagraph (B),
            (B) by amending subparagraph (C) to read as follows:
            ``(C) assure that the home energy supplier will not treat 
        households receiving assistance under this title less favorably 
        than other households to which it supplies home energy, and 
        will comply with all provisions under or pursuant to State law 
        prohibiting adverse or discriminatory treatment of such 
        households;''; and
            (C) by repealing subparagraph (D).
    (2) Section 2607A(e) of the Act is amended by striking out ``July 
31, of each year'' and inserting in lieu thereof ``two months after the 
close of the fiscal year during which the State provided leveraged 
resources to eligible households, as described in subsection (b)''.
    (b) Technical Amendments.--(1) Section 2602(b) of the Act is 
amended by inserting ``(other than section 22607)'' immediately after 
``to carry out the provisions of this title'', and by striking out the 
second period at the end thereof.
    (2) Section 2603 of the Act is amended--
            (A) by striking out ``the'' in paragraph (2) and inserting 
        in lieu thereof ``The'', and
            (B) by striking out the semicolon at the end of such 
        paragraph and inserting in lieu thereof a period.
    (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.

                                 <all>