[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1938 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE AND REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Low-Income Home 
Energy Assistance Amendments of 1994''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

SEC. 2. STATEMENT OF PURPOSE.

    Subsection (a) of section 2602 (42 U.S.C. 8621(a)) is amended to 
read as follows:
    ``(a) In order to assist low-income households, particularly those 
that pay a high proportion of household 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) In general.--Section 2602(b) (42 U.S.C. 8621(b)) is 
        amended by striking ``this title'' and all that follows through 
        the end of the first sentence and inserting ``this title, such 
        sums as may be necessary for each of fiscal years 1995 through 
        1999.''.
            (2) Incentive program for leveraging non-federal sources.--
        Subsection (d) of section 2602 (42 U.S.C. 8621(d)) 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 the 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 (42 U.S.C. 8621) is amended--
            (1) by repealing subsection (c);
            (2) by redesignating subsection (d) as subsection (c); and
            (3) in the second sentence of subsection (b), to read as 
        follows: ``Amounts appropriated pursuant to this subsection or 
        subsection (c) 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 (42 U.S.C. 8621) 
as amended by section 3, is further 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 the 
additional home energy assistance needs of one or more States arising 
from a natural disaster or other emergency. Funds appropriated pursuant 
to this subsection 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 the 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 a designation of the amount 
requested as an emergency requirement as defined in such Act.''.
    (b) Allotment of Emergency Funds.--Section 2604 (42 U.S.C. 8623) is 
amended by adding at the end thereof the following new subsection:
    ``(g) Notwithstanding subsections (a) through (f), the Secretary 
may allot amounts appropriated pursuant to section 2602(d) to one or 
more than one State. In determining to which State or States additional 
funds may be allotted, the Secretary shall take into account 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 determines 
relevant.''.

SEC. 5. AUTHORIZED USES OF FUNDS.

    Paragraph (1) of section 2605(b) (42 U.S.C. 8624(b)(1)) is amended 
to read as follows:
            ``(1) use the funds available under this title to--
                    ``(A) conduct outreach activities and provide 
                assistance to low income households, particularly those 
                that pay a high proportion of household income for home 
                energy;
                    ``(B) intervene in energy crisis situations, and, 
                to the extent determined appropriate by the State, to 
                encourage and enable households to attain, to the 
                maximum extent feasible, home energy self-sufficiency;
                    ``(C) provide low-cost residential weatherization 
                and other cost-effective residential repairs or 
                improvements related to energy use;
                    ``(D) provide energy conservation education; and
                    ``(E) 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) Household Income.--Section 2605(b)(2)(B) (42 U.S.C. 
8624(b)(2)(B)) is amended by striking the matter following clause (ii) 
and inserting the following:
                ``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 may give priority to those households with the 
                highest home energy costs or needs in relation to 
                household income;''.
    (b) Outreach Activities.--Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) 
is amended by striking ``are made aware'' and inserting ``and 
households with high home energy burdens, are made aware''.
    (c) Assistance Levels.--Section 2605(b)(5) (42 U.S.C. 8624(b)(5)) 
is amended by inserting ``or needs'' after ``highest energy costs''.
    (d) State Plan.--Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is 
amended--
            (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (H), respectively; and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
            ``(E) describes any steps that will be taken (in addition 
        to those necessary to carry out the assurance contained in 
        paragraph (5) of subsection (b)) to target assistance to 
        households with high home energy burdens;''.

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

    Section 2605(b) (42 U.S.C. 8624(b)) is amended by striking the 
first flush sentence immediately following paragraph (14).

SEC. 8. CLARIFICATION OF AUDIT REQUIREMENT.

    Section 2605 (42 U.S.C. 8624) is amended--
            (1) in subsection (b)(10), by striking ``and provide that'' 
        and all that follows and inserting ``and provide that the State 
        will comply with the provisions of chapter 75 of title 31, 
        United States Code (commonly known as the `Single Audit 
        Act');''; and
            (2) in subsection (e), by striking ``at least every two 
        years'' and all that follows and inserting ``in accordance with 
        chapter 75 of title 31, United States Code.''.

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

    Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(1)(D)) is amended by 
inserting before the semicolon at the end thereof the following: ``, 
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) (42 U.S.C. 8624(c)(1)) is amended--
            (1) in subparagraph (F) (as so redesignated by section 6(d) 
        of this Act)--
                    (A) by striking ``and (13)'' and inserting ``(13), 
                and (15)''; and
                    (B) by striking ``and'' at the end thereof; and
            (2) by inserting after subparagraph (F) (as so redesignated 
        by section 6(d) of this Act), the following new subparagraph:
            ``(G) 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 60 years of age;
                    ``(ii) a member who was disabled; and
                    ``(iii) one or more young children; and''.

SEC. 11. REPORT OF FUNDS AVAILABLE FOR OBLIGATION.

    Section 2607(a) (42 U.S.C. 8628(a)) is amended--
            (1) by inserting ``(1)'' after the subsection designation; 
        and
            (2) by adding at the end thereof the following new 
        paragraph:
    ``(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 request described in subsection 
(b)(2), such State 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. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

    (a) In General.--
            (1) Treatment of households.--Section 2605(b)(7) (42 U.S.C. 
        8624(b)(7) is amended--
                    (A) in subparagraph (B), by adding ``and'' at the 
                end thereof;
                    (B) in 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 striking subparagraph (D).
            (2) Incentive program.--Section 2607A(e) (42 U.S.C. 
        8626a(e)) is amended by striking ``July 31, of each year'' and 
        inserting ``2 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) (42 U.S.C. 8621(b)) is amended--
                    (A) by inserting ``(other than section 2607A)'' 
                after ``to carry out the provisions of this title''; 
                and
                    (B) by striking the second period at the end 
                thereof.
            (2) Section 2603(2) (42 U.S.C. 8622(2)) is amended--
                    (A) by striking ``the'' in paragraph (2) and 
                inserting ``The''; and
                    (B) by striking the semicolon at the end thereof 
                and inserting a period.
            (3) The sentence that immediately precedes paragraph (15) 
        of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as to 
        appear as a flush sentence immediately after paragraph (15).
            (4) Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by 
        striking ``handicapped'' and inserting ``disabled''.
            (5) Section 2607A(c)(2) (42 U.S.C. 8626a(c)(2)) is amended 
        by striking ``.0008 percent'' and inserting ``0.08 percent''.
            (6) Section 2610(a) (42 U.S.C. 8629(a)) is amended--
                    (A) in paragraph (2), by striking the semicolon 
                after ``used'' and inserting a semicolon after 
                ``title''; and
                    (B) in paragraph (5)--
                            (i) by striking ``handicapped'' and 
                        inserting ``disabled''; and
                            (ii) by inserting before the semicolon at 
                        the end thereof ``or include young children''.

SEC. 13. EFFECTIVE DATE.

    The amendments and repeals made by this Act shall become effective 
on October 1, 1994.

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