LIHEAP Allocations for FY 2008
THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2008-8, DATED 4/8/08
TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
(LIHEAP) GRANTEES AND OTHER INTERESTED PARTIES
SUBJECT: LIHEAP Allocations for FY 2008
RELATED The Consolidated Appropriations Act, 2008
REFERENCES: (Public Law (P.L.) 110-161; The Consolidated
Appropriations Act of 2005 (Public Law 108-447);
the Low-Income Home Energy Assistance Act,
Title XXVI of the Omnibus Budget Reconciliation
Act of 1981 (Public Law (P.L.) 97-35), as
amended
PURPOSE: To advise grantees of the FY 2008 LIHEAP
appropriation, including $1,980,000,351 in
regular block grant funds and $590,327,759 in
emergency contingency funds.
CONTENT: The Consolidated Appropriations Act, 2008
(Public Law (P.L.) 110-161), which was signed
by the President on December 26, 2007,
appropriated FY 2008 funds for federal
agencies including the Department of Health
and Human Services (HHS). P.L.110-161
provided just over $2.6 billion for the LIHEAP
program, including $2,015,206,000 in regular
block grant funds and $596,379,000 in
emergency contingency funds. However, another
provision of P.L. 110-161 applied a 1.747
percent rescission to all of the regular block
grant funds and to $346,379,000 of the
emergency contingency funds, resulting in a
final appropriation of $1,980,000,351 for the
block grant and $590,327,759 for emergency
contingencies.
In addition to the $590,327,759 appropriated
for emergency funds in FY 2008, $20.35 million
of no-year contingency funds that had been
appropriated in FY 2005 were carried over into
FY 2008. As a result, $610,677,759 in
emergency contingency funds became available
in FY 2008 after P.L. 110-161 was passed.
The table below contains a summary of the
LIHEAP regular block grant and emergency
contingency funds that are available in FY
2008:
Block Grant Emergency
Contingency
FY 2008 Appropriation
Amount Appropriated $2,015,206,000 $596,379,000
before Rescission
Amount Subject $2,015,206,000 $346,379,000
to Rescission
Amount Not Subject $0 $250,000,000
to Rescission
Amount Rescinded $35,205,649 $6,051,241
(=1.747 percent of
Amount Subject to
Rescission)
Amount Appropriated $1,980,000,351 $590,327,759
after Rescission
Carryover of No-Year Funds
Amount of No-year Funds $0 $20,350,000
Carried Over to FY 2008
========================================================
Total Amount Available $1,980,000,351 $610,677,759
in FY 2008
Total Block Grant and $2,590,678,110
Emergency Contingency Funds
Available in FY 2008
Listed below is a detailed description of the
distribution of FY 2008 LIHEAP regular block
grant funds. Attachment 1 shows the FY 2008
allocations for each State and Territorial
LIHEAP grantee. Attachment 2 shows the FY
2008 allocations for each Tribal LIHEAP
grantee. Attachment 3 shows the statutory
provisions of P.L. 110-161 that pertain to
LIHEAP (and other HHS programs).
FY 2008 LIHEAP Block Grant Funding
Prior to passage of P.L. 110-161, Congress
passed a series of Continuing Resolutions
(CRs) that provided FY 2008 funds for LIHEAP
based on the FY 2007 appropriation level of
$1.98 billion. These CRs enabled us to make
first-quarter grant awards to State, Territory
and Tribal grantees after these grantees
submitted complete funding applications. In
addition, these CRs provided enough funds to
allow us to (1) honor the States' first-
quarter award requests, up to 75 percent of
their full-year allocations; and (2) award 75
percent of the Territories' and Tribes' full-
year allocations in the first quarter.
Shortly after P.L. 110-161 was passed, we
recalculated the grant allocations based on
the total appropriation level of
$1,980,000,351 and began awarding (1) the
remainder of States' first-quarter award
requests and (2) the Territories' and Tribes'
full-year allocations. We began making
supplemental grant awards as soon as possible
to State LIHEAP grantees to reflect the
additional funding. We also began making
supplemental grant awards to Territorial and
Tribal LIHEAP grantees to reflect the
additional funding and to make up the
difference between their full-year allocations
and their first-quarter award amounts.
We originally set aside $27,225,000 for the
Leveraging Incentive Program and the
Residential Energy Assistance Challenge
Program (REACH). The rescission reduced this
amount to $26,749,379, of which we plan to
award $25,275,584 for Leveraging grants and
$1,473,795 for REACH grants.
Under the LIHEAP statute, grantees desiring
Leveraging or REACH funds must submit a
separate application to HHS for each program
for the year in which they seek those funds.
Grantees desiring Leveraging funds must base
their applications on the leveraging
activities that they conducted in the previous
fiscal year; thus FY 2008 Leveraging funds
will be allocated to grantees who submitted
timely applications (those that were
postmarked on or before November 30, 2007) on
the basis of their FY 2007 leveraging
activities. We will publish a LIHEAP Action
Transmittal on the OCS/LIHEAP website that
will contain the application instructions and
deadline for FY 2008 REACH funds.
We also originally set aside $297,000 for
Training and Technical Assistance (T&TA)
projects. The rescission reduced this amount
to $291,811. If we later determine that less
money is needed for this purpose, we will
redistribute the unused funds to LIHEAP
grantees under the regular block grant
formula.
Below is a summary of the Leveraging, REACH
and T&TA amounts for FY 2008:
FY 2008 Set- FY 2008 Set-
Aside before Aside after
Rescission Rescission
Leveraging Incentive $25,725,000 $25,275,584
Program
REACH $1,500,000 $1,473,795
====================================================
TOTAL Leveraging/REACH $27,225,000 $26,749,379
LIHEAP T&TA $297,000 $291,811
Total Leveraging/REACH $27,522,000 $27,041,190
and T&TA
LIHEAP regular block grant funds were
allocated using a formula developed when
LIHEAP was originally established. The LIHEAP
statute requires us to use the percentages
derived from that formula in any year in which
the amount to the States from the regular
block grant appropriation (i.e., the non-
emergency contingency appropriation) is less
than $1.975 billion. We used this formula
even though the appropriation exceeded $1.975
billion because the set asides for
Leveraging/REACH, T&TA and the Territorial
allocations reduced the amount available to
the States to $1,950,314,307.
Attachment 1 shows the calculations of regular
FY 2008 block grant allocations for States and
Territories. The amount available to the
States was multiplied by each State's formula
share (as shown in the column marked
"Allocation Percents"), to determine the
State's gross allocation. The total of each
State's Indian Tribe and Tribal organizations'
(Tribes') grants (as shown in the column
marked "Tribal Set-Aside") was deducted from
each State's gross allocation to determine the
State's net allocation. Pending the
availability of federal funding, grant awards
are made on the basis of each State's net
allocation as soon as the State's plan
application has been reviewed and determined
complete.
Attachment 2 shows the calculations of regular
FY 2008 block grant allocations for Tribes
that receive direct LIHEAP funding from HHS.
These amounts are determined for each Tribe by
either (1) multiplying the gross allocation of
the State in which the Tribe is located by the
percentage that that Tribe's eligible
households represent of the eligible
households in the State; or (2) a higher
amount as specified in an agreement made
between the Tribe and the State.
At least 90 percent of a grantee's total
regular block grant allocation for FY 2008
must be obligated for use by September 30,
2008. As a result no more than 10 percent of
a grantee's total regular block grant
allocation may be carried over into FY 2009.
In addition, any amount carried over to FY
2009 must be obligated no later than September
30, 2009.
FY 2008 LIHEAP Emergency Contingency Funds
The Consolidated Appropriations Act, 2008
(P.L. 110-161) provided for an appropriation
of $590,327,759 in LIHEAP emergency
contingency funds. On January 16, 2008, the
Secretary of Health and Human Services
released $450,000,000 to all States,
Territories and Tribes because of this
winter's large increases in heating fuel
prices. For more details about this release
see LIHEAP Information Memorandum LIHEAP-IM-
2008-9, dated April 9, 2008. On February 22,
2008, HHS released another $40 million to 11
states because of the high costs for home
heating oil. For more details about this
release, see LIHEAP IM-2008-10, dated April
10, 2008.
If all FY 2008 contingency funds are not
released to States prior to the end of the
fiscal year, the funds will expire on
September 30, 2008. The other $20,350,000
that were appropriated by the Consolidated
Appropriations Act of 2005 (P.L. 108-447)
remain "available until expended" and could be
used in FY 2009 if not released this year.
ATTACHMENTS: (1) LIHEAP allocations (gross and net
allocations) for all States and Territories
for FY 2008 funds, at the funding level of
$1,980,000,351, including the $26,749,379
set aside for leveraging incentive grants
and REACH.
(2) LIHEAP allocations for Tribes and Tribal
organizations receiving direct funding from
HHS for FY 2008 funds, at the funding level
of $1,980,000,351.
(3) A copy of the relevant portions of the
Consolidated Appropriations Act, 2008
(Public Law 110-161).
(4) A copy of the relevant portions of the
Consolidated Appropriations Act, 2005
(Public Law 108-447).
_______________/s____________
Nick St. Angelo
Director
Division of Energy Assistance
Office of Community Services
Attachment 3
H.R.2764 (P.L. 110-161)
Consolidated Appropriations Act, 2008
SEC. 5. EMERGENCY DESIGNATIONS.
Any designation in any division of this Act referring to
this section is a designation of an amount as an
emergency requirement and necessary to meet emergency
needs pursuant to subsections (a) and (b) of section 204
of S. Con. Res. 21 (110th Congress), the concurrent
resolution on the budget for fiscal year 2008.
SEC. 6. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of
any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2008.
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under section 2604(a)-(d) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C.
8623(a)-(d)), $2,015,206,000.
For making payments under section 2604(e) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C.
8623(e)), $596,379,000, notwithstanding the designation
requirement of section 2602(e) of such Act: Provided,
That of the amount provided by this paragraph,
$250,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated
Act).
TITLE V
GENERAL PROVISIONS
SEC. 528. (a) ACROSS-THE-BOARD RESCISSIONS- There is
hereby rescinded an amount equal to 1.747 percent of the
fiscal year 2008 budget authority--
(1) provided for any discretionary account of this Act;
and
(2) provided in any advance appropriation for fiscal
year 2008 for any discretionary account of this Act
made available by any prior fiscal year appropriation
Act.
(b) PROPORTIONATE APPLICATION- Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act,
accompanying reports, or explanatory statement for
fiscal year 2008 covering such account or item, or for
accounts and items not included in appropriation Acts,
as delineated in the most recently submitted
President's budget).
(c) EXCEPTIONS- This section shall not apply--
(1) to discretionary budget authority that has been
designated as described in section 5 (in the matter
preceding division A of this consolidated Act)
Attachment 4
H.R.4818 (P.L. 108-447)
Consolidated Appropriations Act, 2005
SEC. 4. STATEMENT OF APPROPRIATIONS.
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus
Budget Reconciliation Act of 1981, $300,000,000, to
remain available until expended: Provided, That these
funds are for the unanticipated home energy assistance
needs of one or more States, as authorized by section
2604(e) of the Act: Provided further, That the entire
amount is designated as an emergency requirement pursuant
to section 402 of S. Con. Res. 95 (108th Congress) as
made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108-287.
DIVISION J--OTHER MATTERS
TITLE I--MISCELLANEOUS PROVISIONS AND OFFSETS
SEC. 122. (a) ACROSS-THE-BOARD RESCISSIONS- There is
hereby rescinded an amount equal to 0.80 percent of--
(1) the budget authority provided (or obligation
limitation imposed) for fiscal year 2005 for any
discretionary account in divisions A through J of this
Act and in any other fiscal year 2005 appropriation Act
(except any fiscal year 2005 supplemental appropriation
Act, the Department of Homeland Security Appropriations
Act, 2005, the Department of Defense Appropriations
Act, 2005, or the Military Construction Appropriations
Act, 2005);
(2) the budget authority provided in any advance
appropriation for fiscal year 2005 for any
discretionary account in any prior fiscal year
appropriation Act; and
(3) the contract authority provided in fiscal year 2005
for any program subject to limitation contained in any
division or appropriation Act subject to paragraph (1).
(b) PROPORTIONATE APPLICATION- Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying reports for the relevant fiscal year
covering such account or item, or for accounts and
items not included in appropriation Acts, as delineated
in the most recently submitted President's budget).
