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42 U.S.C. § 8622Definitions

submitted 45 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 514 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines key terms used throughout the home energy assistance law. It explains words like 'emergency,' 'household,' 'home energy,' and 'poverty level.' These definitions control who counts as eligible and what situations qualify as emergencies.

(1) "Emergency" covers several situations: a natural disaster; a big shortage or disruption in home energy supply; a big jump in home energy costs (as decided by the Secretary); a big rise in energy disconnections reported by a utility or state agency; a big jump in people using public benefit programs like SNAP, SSI, or TANF; a big rise in unemployment or layoffs (as decided by the Secretary of Labor); or any other event the Secretary decides counts. (2) "Energy burden" means a household's home energy spending divided by its income — basically, what share of income goes to energy. (3) "Energy crisis" means weather emergencies, supply shortages, or any other household energy emergency. (4) "Highest home energy needs" means a household's energy needs based on both its energy burden and its special situation — like having young children, people with disabilities, or frail older members. (5) "Household" means one person or a group of people living together as one economic unit. They either buy energy together or pay for it as part of an undesignated rent payment. (6) "Home energy" means any source of heating or cooling for a home. (7) "Natural disaster" means a weather event (cold or hot), flood, earthquake, tornado, hurricane, ice storm, or another event the Secretary decides counts. (8) "Poverty level" means the official income poverty line for a household's state, updated at least once a year. (9) "Secretary" means the Secretary of Health and Human Services. (10) "State" means any of the 50 states or the District of Columbia. (11) "State median income" means the middle income level for a state, set by the Secretary using rules that were in effect on August 12, 1981, adjusted for how many people live in the household.
the actual law source: uscode.house.gov ↗public domain

As used in this subchapter:

(1)

The term “emergency” means—

(A)

a natural disaster;

(B)

a significant home energy supply shortage or disruption;

(C)

a significant increase in the cost of home energy, as determined by the Secretary;

(D)

a significant increase in home energy disconnections reported by a utility, a State regulatory agency, or another agency with necessary data;

(E)

a significant increase in participation in a public benefit program such as the supplemental nutrition assistance program carried out under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the national program to provide supplemental security income carried out under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or the State temporary assistance for needy families program carried out under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), as determined by the head of the appropriate Federal agency;

(F)

a significant increase in unemployment, layoffs, or the number of households with an individual applying for unemployment benefits, as determined by the Secretary of Labor; or

(G)

an event meeting such criteria as the Secretary, in the discretion of the Secretary, may determine to be appropriate.

(2)

The term “energy burden” means the expenditures of the household for home energy divided by the income of the household.

(3)

The term “energy crisis” means weather-related and supply shortage emergencies and other household energy-related emergencies.

(4)

The term “highest home energy needs” means the home energy requirements of a household determined by taking into account both the energy burden of such household and the unique situation of such household that results from having members of vulnerable populations, including very young children, individuals with disabilities, and frail older individuals.

(5)

The term “household” means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.

(6)

The term “home energy” means a source of heating or cooling in residential dwellings.

(7)

The term “natural disaster” means a weather event (relating to cold or hot weather), flood, earthquake, tornado, hurricane, or ice storm, or an event meeting such other criteria as the Secretary, in the discretion of the Secretary, may determine to be appropriate.

(8)

The term “poverty level” means, with respect to a household in any State, the income poverty line as prescribed and revised at least annually pursuant to section 9902(2) of this title, as applicable to such State.

(9)

The term “Secretary” means the Secretary of Health and Human Services.

(10)

The term “State” means each of the several States and the District of Columbia.

(11)

The term “State median income” means the State median income promulgated by the Secretary in accordance with procedures established under section 1397a(a)(6) of this title (as such procedures were in effect on August 12, 1981) and adjusted, in accordance with regulations prescribed by the Secretary, to take into account the number of individuals in the household.

Source credit: (Pub. L. 97–35, title XXVI, § 2603, Aug. 13, 1981, 95 Stat. 894; Pub. L. 97–115, § 16, Dec. 29, 1981, 95 Stat. 1609; Pub. L. 98–558, title VI, § 602, Oct. 30, 1984, 98 Stat. 2890; Pub. L. 103–252, title III, §§ 304(b), 311(c)(2), May 18, 1994, 108 Stat. 658, 662; Pub. L. 105–285, title III, §§ 303, 304(a), Oct. 27, 1998, 112 Stat. 2756; Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(EE), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(EE), June 18, 2008, 122 Stat. 1664, 1857, 1859.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 97-35 · 95 Stat. 894
  • 1981Amended · Pub. L. 97-115 · 95 Stat. 1609
  • 1984Amended · Pub. L. 98-558 · 98 Stat. 2890
  • 1994Amended · Pub. L. 103-252 · 108 Stat. 658, 662
  • 1998Amended · Pub. L. 105-285 · 112 Stat. 2756
  • 2008Amended · Pub. L. 110-234 · 122 Stat. 1095
  • 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1857, 1859

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1981-08-13.

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