---
kind: "section"
citation: "42 U.S.C. § 8624"
title: "42"
title_heading: "The Public Health and Welfare"
number: "8624"
heading: "Applications and requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/8624"
units:
  - "Chapter 94 — Low-Income Energy Assistance"
  - "Subchapter II — Low-Income Home Energy Assistance"
---

# §8624. Applications and requirements

- (a) **Form; assurances; public hearings—**
  - (1) Each [State](/usc/42/8622.md?p=10) desiring to receive an allotment for any fiscal year under this subchapter shall submit an application to the [Secretary](/usc/42/8622.md?p=9). Each such application shall be in such form as the [Secretary](/usc/42/8622.md?p=9) shall require. Each such application shall contain assurances by the chief executive officer of the [State](/usc/42/8622.md?p=10) that the [State](/usc/42/8622.md?p=10) will meet the conditions enumerated in [subsection (b)](#b).
  - (2) After the expiration of the first fiscal year for which a [State](/usc/42/8622.md?p=10) receives funds under this subchapter, no funds shall be allotted to such [State](/usc/42/8622.md?p=10) for any fiscal year under this subchapter unless such [State](/usc/42/8622.md?p=10) conducts public hearings with respect 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)](#a), the chief executive officer of each [State](/usc/42/8622.md?p=10) shall certify that the [State](/usc/42/8622.md?p=10) agrees to—
  - (1) use the funds available under this subchapter to—
    - (A) conduct outreach activities and provide assistance to low income [households](/usc/42/8622.md?p=5) in meeting their [home energy](/usc/42/8622.md?p=6) costs, particularly those with the lowest incomes that pay a high proportion of [household](/usc/42/8622.md?p=5) income for [home energy](/usc/42/8622.md?p=6), consistent with [paragraph (5)](#b-5);
    - (B) intervene in [energy crisis](/usc/42/8622.md?p=3) situations;
    - (C) provide low-cost residential weatherization and other cost-effective energy-related home repair; and
    - (D) plan, develop, and administer the [State](/usc/42/8622.md?p=10)’s program under this subchapter including leveraging programs,

    and the [State](/usc/42/8622.md?p=10) 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](/usc/42/8622.md?p=5) in which 1 or more individuals are receiving—
      - (i) assistance under the [State](/usc/42/8622.md?p=10) program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](/usc/42/601.md) et seq.];
      - (ii) supplemental security income payments under title XVI of the Social Security Act [[42 U.S.C. 1381](/usc/42/1381.md) et seq.];
      - (iii) supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 [[7 U.S.C. 2011](/usc/7/2011.md) et seq.]; or
      - (iv) payments under section [1315](/usc/38/1315.md), [1521](/usc/38/1521.md), [1541](/usc/38/1541.md), or [1542](/usc/38/1542.md) of title 38, or under [section 306](/usc/42/306.md) of the Veterans’ and Survivors’ Pension Improvement Act of 1978; or
    - (B) [households](/usc/42/8622.md?p=5) with incomes which do not exceed the greater of—
      - (i) an amount equal to 150 percent of the [poverty level](/usc/42/8622.md?p=8) for such [State](/usc/42/8622.md?p=10); or
      - (ii) an amount equal to 60 percent of the [State median income](/usc/42/8622.md?p=11);

      except that a [State](/usc/42/8622.md?p=10) may not exclude a [household](/usc/42/8622.md?p=5) from eligibility in a fiscal year solely on the basis of [household](/usc/42/8622.md?p=5) income if such income is less than 110 percent of the [poverty level](/usc/42/8622.md?p=8) for such [State](/usc/42/8622.md?p=10), but the [State](/usc/42/8622.md?p=10) may give priority to those [households](/usc/42/8622.md?p=5) with the highest [home energy](/usc/42/8622.md?p=6) costs or needs in relation to [household](/usc/42/8622.md?p=5) income;

  - (3) conduct outreach activities designed to assure that eligible [households](/usc/42/8622.md?p=5), especially [households](/usc/42/8622.md?p=5) with elderly individuals or disabled individuals, or both, and [households](/usc/42/8622.md?p=5) with high [home energy](/usc/42/8622.md?p=6) 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](/usc/42/9901.md) 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](/usc/42/2701.md) et seq.] before August 13, 1981;
  - (4) coordinate its activities under this subchapter with similar and related programs administered by the Federal Government and such [State](/usc/42/8622.md?p=10), particularly low-income energy-related programs under subtitle B of title VI (relating to community services block grant program) [[42 U.S.C. 9901](/usc/42/9901.md) et seq.], under the supplemental security income program, under part A of title IV of the Social Security Act [[42 U.S.C. 601](/usc/42/601.md) et seq.], under title XX of the Social Security Act [[42 U.S.C. 1397](/usc/42/1397.md) et seq.], under the low-income weatherization assistance program under title IV of the Energy Conservation and Production Act [[42 U.S.C. 6851](/usc/42/6851.md) 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](/usc/42/2701.md) et seq.] before August 13, 1981;
  - (5) provide, in a timely manner, that the highest level of assistance will be furnished to those [households](/usc/42/8622.md?p=5) which have the lowest incomes and the highest energy costs or needs in relation to income, taking into account family size, except that the [State](/usc/42/8622.md?p=10) may not differentiate in implementing this section between the [households](/usc/42/8622.md?p=5) described in clause (2)(A) and (2)(B) of this subsection;
  - (6) to the extent it is necessary to designate local administrative [agencies](/usc/42/8262.md?p=1) in order to carry out the purposes of this subchapter, give special consideration, in the designation of such [agencies](/usc/42/8262.md?p=1), to any local public or private [nonprofit](/usc/42/300s–3.md?p=3) [agency](/usc/42/8262.md?p=1) 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](/usc/42/2701.md) et seq.] or any other provision of law on August 12, 1981, except that—
    - (A) the [State](/usc/42/8622.md?p=10) shall, before giving such special consideration, determine that the [agency](/usc/42/8262.md?p=1) involved meets program and fiscal requirements established by the [State](/usc/42/8622.md?p=10); and
    - (B) if there is no such [agency](/usc/42/8262.md?p=1) because of any change in the assistance furnished to programs for economically disadvantaged persons, then the [State](/usc/42/8622.md?p=10) shall give special consideration in the designation of local administrative [agencies](/usc/42/8262.md?p=1) to any successor [agency](/usc/42/8262.md?p=1) which is operated in substantially the same manner as the predecessor [agency](/usc/42/8262.md?p=1) which did receive funds for the fiscal year preceding the fiscal year for which the determination is made;
  - (7) if the [State](/usc/42/8622.md?p=10) chooses to pay [home energy](/usc/42/8622.md?p=6) suppliers directly, establish procedures to—
    - (A) notify each participating [household](/usc/42/8622.md?p=5) of the amount of assistance paid on its behalf;
    - (B) assure that the [home energy](/usc/42/8622.md?p=6) supplier will charge the eligible [household](/usc/42/8622.md?p=5), in the normal billing process, the difference between the actual cost of the [home energy](/usc/42/8622.md?p=6) and the amount of the payment made by the [State](/usc/42/8622.md?p=10) under this subchapter;
    - (C) assure that the [home energy](/usc/42/8622.md?p=6) supplier will provide assurances that any agreement entered into with a [home energy](/usc/42/8622.md?p=6) supplier under this paragraph will contain provisions to assure that no [household](/usc/42/8622.md?p=5) receiving assistance under this subchapter will be treated adversely because of such assistance under applicable provisions of [State](/usc/42/8622.md?p=10) law or public regulatory requirements; and
    - (D) ensure that the provision of vendored payments remains at the option of the [State](/usc/42/8622.md?p=10) in consultation with local grantees and may be contingent on unregulated vendors taking appropriate measures to alleviate the [energy burdens](/usc/42/8622.md?p=2) of eligible [households](/usc/42/8622.md?p=5), including providing for agreements between suppliers and individuals eligible for benefits under this subchapter[^1] that seek to reduce [home energy](/usc/42/8622.md?p=6) costs, minimize the risks of [home energy](/usc/42/8622.md?p=6) crisis, and encourage regular payments by individuals receiving financial assistance for [home energy](/usc/42/8622.md?p=6) costs;
  - (8) provide assurances that (A) the [State](/usc/42/8622.md?p=10) will not exclude [households](/usc/42/8622.md?p=5) described in clause (2)(B) of this subsection from receiving [home energy](/usc/42/8622.md?p=6) assistance benefits under clause (2), and (B) the [State](/usc/42/8622.md?p=10) will treat [owners](/usc/42/13641.md?p=4) and renters equitably under the program assisted under this subchapter;
  - (9) provide that—
    - (A) the [State](/usc/42/8622.md?p=10) may use for planning and administering the use of funds under this subchapter an amount not to exceed 10 percent of the funds payable to such [State](/usc/42/8622.md?p=10) under this subchapter for a fiscal year; and
    - (B) the [State](/usc/42/8622.md?p=10) 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 [paragraph (16)](#b-16));
  - (10) provide that such fiscal control and fund accounting procedures will be established as may be necessary to assure the proper disbursal of and accounting for Federal funds paid to the [State](/usc/42/8622.md?p=10) under this subchapter, including procedures for monitoring the assistance provided under this subchapter, and provide that the [State](/usc/42/8622.md?p=10) will comply with the provisions of [chapter 75](/usc/31/chstV/ch75.md) of title 31 (commonly known as the “Single Audit Act”);
  - (11) permit and cooperate with Federal investigations undertaken in accordance with [section 8627 of this title](/usc/42/8627.md);
  - (12) provide for timely and meaningful public participation in the development of the plan described in [subsection (c)](#c);
  - (13) provide an opportunity for a fair administrative hearing to individuals whose claims for assistance under the plan described in [subsection (c)](#c) are denied or are not acted upon with reasonable promptness;
  - (14) cooperate with the [Secretary](/usc/42/8622.md?p=9) with respect to data collecting and reporting under [section 8629 of this title](/usc/42/8629.md);
  - (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 assistance that is administered by additional [State](/usc/42/8622.md?p=10) and local governmental entities or community-based organizations (such as community action [agencies](/usc/42/8262.md?p=1), area [agencies](/usc/42/8262.md?p=1) on aging, and not-for-profit neighborhood-based organizations), and in [States](/usc/42/8622.md?p=10) where such organizations 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](/usc/42/8262.md?p=1) that administer the low-income weatherization or [energy crisis](/usc/42/8622.md?p=3) intervention programs; and
  - (16) use up to 5 percent of such funds, at its option, to provide services that encourage and enable [households](/usc/42/8622.md?p=5) to reduce their [home energy](/usc/42/8622.md?p=6) needs and thereby the need for energy assistance, including needs assessments, counseling, and assistance with energy vendors, and report to the [Secretary](/usc/42/8622.md?p=9) concerning the impact of such activities on the number of [households](/usc/42/8622.md?p=5) served, the level of direct benefits provided to those [households](/usc/42/8622.md?p=5), and the number of [households](/usc/42/8622.md?p=5) that remain unserved.

  The [Secretary](/usc/42/8622.md?p=9) may not prescribe the manner in which the [States](/usc/42/8622.md?p=10) will comply with the provisions of this subsection. The [Secretary](/usc/42/8622.md?p=9) shall issue regulations to prevent waste, fraud, and abuse in the programs assisted by this subchapter.

  Not later than 18 months after May 18, 1994, the [Secretary](/usc/42/8622.md?p=9) shall develop model performance goals and measurements in consultation with [State](/usc/42/8622.md?p=10), territorial, tribal, and local grantees, that the [States](/usc/42/8622.md?p=10) may use to assess the success of the [States](/usc/42/8622.md?p=10) in achieving the purposes of this subchapter. The model performance goals and measurements shall be made available to [States](/usc/42/8622.md?p=10) to be incorporated, at the option of the [States](/usc/42/8622.md?p=10), into the plans for fiscal year 1997. The [Secretary](/usc/42/8622.md?p=9) 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)](#a), the chief executive officer of each [State](/usc/42/8622.md?p=10) shall prepare and furnish to the [Secretary](/usc/42/8622.md?p=9), in such format as the [Secretary](/usc/42/8622.md?p=9) may require, a plan which—
    - (A) describes the eligibility requirements to be used by the [State](/usc/42/8622.md?p=10) for each type of assistance to be provided under this subchapter, including criteria for designating an [emergency](/usc/42/8622.md?p=1) under [section 8623(c) of this title](/usc/42/8623.md?p=c);
    - (B) describes the benefit levels to be used by the [State](/usc/42/8622.md?p=10) for each type of assistance including assistance to be provided for [emergency](/usc/42/8622.md?p=1) crisis intervention and for weatherization and other energy-related home repair;
    - (C) contains estimates of the amount of funds the [State](/usc/42/8622.md?p=10) will use for each of the programs under such plan and describes the alternative use of funds reserved under [section 8623(c) of this title](/usc/42/8623.md?p=c) in the event any portion of the amount so reserved is not expended for [emergencies](/usc/42/8622.md?p=1);
    - (D) describes weatherization and other energy-related home repair the [State](/usc/42/8622.md?p=10) will provide under [subsection (k)](#k), including any steps the [State](/usc/42/8622.md?p=10) will take to address the weatherization and energy-related home repair needs of [households](/usc/42/8622.md?p=5) that have high [home energy](/usc/42/8622.md?p=6) burdens, and describes any rules promulgated by the Department of Energy for administration of its Low Income Weatherization Assistance Program which the [State](/usc/42/8622.md?p=10), to the extent permitted by the [Secretary](/usc/42/8622.md?p=9) to increase consistency between federally assisted programs, will follow regarding the use of funds provided under this subchapter by the [State](/usc/42/8622.md?p=10) for such weatherization and energy-related home repairs and improvements;
    - (E) describes any steps that will be taken (in addition to those necessary to carry out the assurance contained in [paragraph (5)](#b-5) of subsection (b)) to target assistance to [households](/usc/42/8622.md?p=5) with high [home energy](/usc/42/8622.md?p=6) burdens;
    - (F) describes how the [State](/usc/42/8622.md?p=10) will carry out assurances in clauses [(3)](#b-3), [(4)](#b-4), [(5)](#b-5), [(6)](#b-6), [(7)](#b-7), [(8)](#b-8), [(10)](#b-10), [(12)](#b-12), [(13)](#b-13), and [(15)](#b-15) of subsection (b);
    - (G) [states](/usc/42/8622.md?p=10), with respect to the 12-month period specified by the [Secretary](/usc/42/8622.md?p=9), the number and income levels of [households](/usc/42/8622.md?p=5) which apply and the number which are assisted with funds provided under this subchapter, and the number of [households](/usc/42/8622.md?p=5) so assisted with—
      - (i) one or more members who had attained 60 years of age;
      - (ii) one or more members who were disabled; and
      - (iii) one or more young children; and
    - (H) contains any other information determined by the [Secretary](/usc/42/8622.md?p=9) 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](/usc/42/8622.md?p=9).

  - (2) Each plan prepared under [paragraph (1)](#c-1) and each substantial revision thereof shall be made available for public inspection within the [State](/usc/42/8622.md?p=10) 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](/usc/42/8622.md?p=9) shall make available to the [States](/usc/42/8622.md?p=10) a model [State](/usc/42/8622.md?p=10) plan format that may be used, at the option of each [State](/usc/42/8622.md?p=10), to prepare the plan required under [paragraph (1)](#c-1) for the next fiscal year.
- (d) **Expending of funds—** The [State](/usc/42/8622.md?p=10) shall expend funds in accordance with the [State](/usc/42/8622.md?p=10) plan under this subchapter or in accordance with revisions applicable to such plan.
- (e) **Conduct of audits—** Each [State](/usc/42/8622.md?p=10) shall, in carrying out the requirements of [subsection (b)(10)](#b-10), obtain financial and compliance audits of any funds which the [State](/usc/42/8622.md?p=10) receives under this subchapter. Such audits shall be made public within the [State](/usc/42/8622.md?p=10) on a timely basis. The audits shall be conducted in accordance with chapter 75 of title 31.
- (f) **Payments or assistance not to be deemed income 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](/usc/42/8622.md?p=6) assistance payments or allowances provided directly to, or indirectly for the benefit of, an eligible [household](/usc/42/8622.md?p=5) under this subchapter shall not be considered income or resources of such [household](/usc/42/8622.md?p=5) (or any member thereof) for any purpose under any Federal or [State](/usc/42/8622.md?p=10) 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 subsection and for purposes of determining any excess shelter expense deduction under [section 5(e)](/usc/42/5.md) of the Food and Nutrition Act of 2008 ([7 U.S.C. 2014(e)](/usc/7/2014.md?p=e))—
    - (A) the full amount of such payments or allowances shall be deemed to be expended by such [household](/usc/42/8622.md?p=5) for heating or cooling expenses, without regard to whether such payments or allowances are provided directly to, or indirectly for the benefit of, such [household](/usc/42/8622.md?p=5), except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ([7 U.S.C. 2011](/usc/7/2011.md) et seq.), such payments or allowances were greater than $20 annually, consistent with [section 5(e)(6)(C)(iv)(I)](/usc/42/5.md) of that Act ([7 U.S.C. 2014(e)(6)(C)(iv)(I)](/usc/7/2014.md?p=e-6-C-iv-I)), as determined by the [Secretary](/usc/42/8622.md?p=9) of Agriculture; and
    - (B) no distinction may be made among [households](/usc/42/8622.md?p=5) on the basis of whether such payments or allowances are provided directly to, or indirectly for the benefit of, any of such [households](/usc/42/8622.md?p=5).
- (g) **Repayment of funds expended improperly; offset—** The [State](/usc/42/8622.md?p=10) shall repay to the United States amounts found not to have been expended in accordance with this subchapter or the [Secretary](/usc/42/8622.md?p=9) may offset such amounts against any other amount to which the [State](/usc/42/8622.md?p=10) is or may become entitled under this subchapter.
- (h) **Periodic evaluation of expenditures by Comptroller General—** The Comptroller General of the United States shall, from time to time[^2] evaluate the expenditures by [States](/usc/42/8622.md?p=10) of grants under this subchapter in order to assure that expenditures are consistent with the provisions of this subchapter and to determine the effectiveness of the [State](/usc/42/8622.md?p=10) in accomplishing the purposes of this subchapter.
- (i) **Certain recipients of supplemental security income ineligible for payments or assistance—** A [household](/usc/42/8622.md?p=5) which is described in [subsection (b)(2)(A)](#b-2-A) solely by reason of [clause (ii)](#b-2-A-ii) thereof shall not be treated as a [household](/usc/42/8622.md?p=5) described in [subsection (b)(2)](#b-2) if the eligibility of the [household](/usc/42/8622.md?p=5) is dependent upon—
  - (1) an individual whose annual supplemental security income benefit rate is reduced pursuant to section 1611(e)(1) of the Social Security Act [[42 U.S.C. 1382(e)(1)](/usc/42/1382.md?p=e-1)] by reason of being in an institution receiving payments under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.] with respect to such individual;
  - (2) an individual to whom the reduction specified in section 1612(a)(2)(A)(i) of the Social Security Act [[42 U.S.C. 1382a(a)(2)(A)(i)](/usc/42/1382a.md)] applies; or
  - (3) a child described in section 1614(f)(2) of the Social Security Act [[42 U.S.C. 1382c(f)(2)](/usc/42/1382c.md?p=f-2)] who is living together with a parent, or the spouse of a parent, of the child.
- (j) **State verification of income eligibility; policies and procedures applicable—** In verifying income eligibility for purposes of [subsection (b)(2)(B)](#b-2-B), the [State](/usc/42/8622.md?p=10) may apply procedures and policies consistent with procedures and policies used by the [State agency](/usc/42/300s–3.md?p=12) administering programs under part A of title IV of the Social Security Act [[42 U.S.C. 601](/usc/42/601.md) et seq.], under title XX of the Social Security Act [[42 U.S.C. 1397](/usc/42/1397.md) et seq.], under subtitle B of title VI of this Act (relating to community services block grant program) [[42 U.S.C. 9901](/usc/42/9901.md) 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](/usc/42/2701.md) et seq.] before August 13, 1981, or under other income assistance or service programs (as determined by the [State](/usc/42/8622.md?p=10)).
- (k) **Limitation on use of funds; waiver—**
  - (1) Except as provided in [paragraph (2)](#k-2), not more than 15 percent of the greater of—
    - (A) the funds allotted to a [State](/usc/42/8622.md?p=10) under this subchapter for any fiscal year; or
    - (B) the funds available to such [State](/usc/42/8622.md?p=10) under this subchapter for such fiscal year;

    may be used by the [State](/usc/42/8622.md?p=10) for low-cost residential weatherization or other energy-related home repair for low-income [households](/usc/42/8622.md?p=5), particularly those low-income [households](/usc/42/8622.md?p=5) with the lowest incomes that pay a high proportion of [household](/usc/42/8622.md?p=5) income for [home energy](/usc/42/8622.md?p=6).

  - (2)
    - (A) If a [State](/usc/42/8622.md?p=10) receives a waiver granted under [subparagraph (B)](#k-2-B) for a fiscal year, the [State](/usc/42/8622.md?p=10) may use not more than the greater of 25 percent of—
      - (i) the funds allotted to a [State](/usc/42/8622.md?p=10) under this subchapter for such fiscal year; or
      - (ii) the funds available to such [State](/usc/42/8622.md?p=10) under this subchapter for such fiscal year;

      for residential weatherization or other energy-related home repair for low-income [households](/usc/42/8622.md?p=5), particularly those low-income [households](/usc/42/8622.md?p=5) with the lowest incomes that pay a high proportion of [household](/usc/42/8622.md?p=5) income for [home energy](/usc/42/8622.md?p=6).

    - (B) For purposes of [subparagraph (A)](#k-2-A), the [Secretary](/usc/42/8622.md?p=9) may grant a waiver to a [State](/usc/42/8622.md?p=10) for a fiscal year if the [State](/usc/42/8622.md?p=10) submits a written request to the [Secretary](/usc/42/8622.md?p=9) after March 31 of such fiscal year and if the [Secretary](/usc/42/8622.md?p=9) determines, after reviewing such request and any public comments, that—
      - (i)
        - (I) the number of [households](/usc/42/8622.md?p=5) in the [State](/usc/42/8622.md?p=10) that will receive benefits, other than weatherization and energy-related home repair, under this subchapter in such fiscal year will not be fewer than the number of [households](/usc/42/8622.md?p=5) in the [State](/usc/42/8622.md?p=10) that received benefits, other than weatherization and energy-related home repair, under this subchapter in the preceding fiscal year;
        - (II) the aggregate amounts of benefits that will be received under this subchapter by all [households](/usc/42/8622.md?p=5) in the [State](/usc/42/8622.md?p=10) in such fiscal year will not be less than the aggregate amount of such benefits that were received under this subchapter by all [households](/usc/42/8622.md?p=5) in the [State](/usc/42/8622.md?p=10) in the preceding fiscal year; and
        - (III) such weatherization activities have been demonstrated to produce measurable savings in energy expenditures by low-income [households](/usc/42/8622.md?p=5); or
      - (ii) in accordance with rules issued by the [Secretary](/usc/42/8622.md?p=9), the [State](/usc/42/8622.md?p=10) demonstrates good cause for failing to satisfy the requirements specified in [clause (i)](#k-2-B-i).
- (l) **State tax credits to energy suppliers who supply home energy at reduced rates to low-income households—**
  - (1) Any [State](/usc/42/8622.md?p=10) may use amounts provided under this subchapter for the purpose of providing credits against [State](/usc/42/8622.md?p=10) tax to energy suppliers who supply [home energy](/usc/42/8622.md?p=6) at reduced rates to low-income [households](/usc/42/8622.md?p=5).
  - (2) Any such credit provided by a [State](/usc/42/8622.md?p=10) 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](/usc/42/8622.md?p=10), but such [State](/usc/42/8622.md?p=10) may use Federal data available to such [State](/usc/42/8622.md?p=10) with respect to recipients of supplemental security income benefits if timely delivery of benefits to [households](/usc/42/8622.md?p=5) described in [subsection (b)](#b) and suppliers will not be impeded by the use of such data.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be followed by a comma.

## Source credit

(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.)

## Notes

### 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 Security 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 Community Services Block Grant Act, which is classified generally 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, except 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, referred 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 complete 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 reading “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 supplemental 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 program 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 manner in which the States will comply with the provisions of this subsection.” in provisions after par. (14) and inserted identical language before “The Secretary shall issue” in concluding provisions after par. (16).

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), substituted “State” for “States”.

Subsec. (c)(1)(G)(i). Pub. L. 105–285, § 306(2)(B), substituted “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 follows: “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), transferred 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 subchapter. The model performance goals and measurements 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.”

Subsec. (b)(1). Pub. L. 103–252, § 305(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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 concluding 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 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;” for “except that no household may be excluded from eligibility 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)(3). Pub. L. 103–252, §§ 306(b), 311(c)(3), substituted “disabled” for “handicapped” and “and households 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 behalf 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 activities described in paragraph (16))”.

Subsec. (b)(10). Pub. L. 103–252, § 307(1), substituted “and provide that the State will comply with the provisions 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 programs, will follow regarding the use of funds provided under this subchapter by the State for such weatherization and energy-related home repairs and improvements”.

Subsec. (c)(1)(E). Pub. L. 103–252, § 306(d)(2), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (c)(1)(F). Pub. L. 103–252, §§ 306(d)(1), 309(1), redesignated 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 subpar. (G).

Subsec. (c)(1)(H). Pub. L. 103–252, § 306(d)(1), redesignated 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 independent of any agency administering activities under this subchapter. The audits shall be conducted in accordance with the Comptroller General’s standards for audit of governmental organizations, programs, activities, 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), inserted “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 “timely 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), substituted “in a timely manner” for “in a manner consistent with the efficient and timely payment of benefits”.

Subsec. (b)(14) to (17). Pub. L. 99–425, § 504(b), redesignated 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 determines 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 together with the administrative procedures (A) for designating an emergency, (B) for determining the assistance 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 portion 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 provisions relating to requirements for State plans, restating 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 eligibility 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 implementing this section between the households described 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 existing provisions as subpar. (B) and added subpar. (A).

Subsec. (b)(9)(A). Pub. L. 98–558, § 605(a)(6), in amending 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 subsec. (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 subsec. (e) generally, inserted provisions requiring that the audits be made public and that they shall be conducted in accordance with the Comptroller General’s standards.

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 standard 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 otherwise 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 accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially 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: Eligibility.—Tenants who— are responsible for making out-of-pocket payments for utility bills; and receive energy assistance through utility allowances 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 increases in energy costs since 1978 reduced or eliminated, except as provided in subsection (d). Equal Treatment in Benefit Programs.—Tenants described in subsection (a) shall be treated identically with other households eligible for or receiving energy assistance, including in the determination of the home energy costs for which they are individually responsible 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). 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 Development 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.]. Special Rule for Low-Income Home Energy Assistance 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 eligibility automatically denied. A State may consider the amount of the heating or cooling component of utility 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 reduction in Low-Income Home Energy Assistance Program 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 energy 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)).”