II 109th CONGRESS 2d Session S. 2628 IN THE SENATE OF THE UNITED STATES April 24, 2006 Ms. Cantwell (for herself, Mrs. Murray, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Low-Income Home Energy Assistance Act of 1981 to provide procedures for the release of Low-Income Home Energy Assistance Program contingency funds.

1.

Short title

This Act may be cited as the LIHEAP Emergency Reform Act.

2.

Findings

Congress makes the following findings: (1)The Low-Income Home Energy Assistance Program (referred to in this Act as LIHEAP) provides vital assistance to the millions of Americans struggling to pay their energy bills. (2)The LIHEAP contingency fund was created to meet the additional home energy assistance needs of one or more States arising from a natural disaster or other emergency. (3)While a total of approximately $3,800,000,000 in LIHEAP contingency funds has been distributed since 1990—in all cases, to help meet the needs of low-income families across the United States—widely varying eligibility rules have led to instances in which very real energy emergencies have been overlooked. (4)The millions of Americans served by LIHEAP, and States struggling to meet demand for the assistance LIHEAP provides, would greatly benefit from the addition of transparency to the process by which LIHEAP contingency funds are distributed.

3.

LIHEAP contingency fund reform

Section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) is amended— (1)by striking (e) Notwithstanding and inserting (e)(1) Notwithstanding; (2)in the second sentence, by striking or any other program; and (3)by adding at the end the following: (2)Notwithstanding any other provision of this subsection, the Governor of a State may apply to the Secretary for certification of an emergency in that State and an allotment of amounts appropriated pursuant to section 2602(e). (3)The Secretary, in consultation with the Secretary of Energy and with the appropriate State officials, shall by rule adopt procedures for the equitable consideration of applications submitted under paragraph (2). Such procedures shall require— (A)the consideration of each of the conditions in the definition of emergency in section 2603; (B)the consideration of the differences between geographic regions including differences in sources of energy supply for low-income households, relative price trends for sources of home energy supply, and differences in relevant weather-related factors including drought; and (C)the Secretary to grant such applications within 30 days after submission unless the Secretary certifies in writing that none of the conditions in the definition of emergency in section 2603 has been demonstrated. .