LIHEAP Allocations from the FY 2008 Energy Emergency Contingency Fund-$450 MILLION DISTRIBUTION on JANUARY 16, 2008
THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2008-9, DATED 4/9/08
TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
(LIHEAP) GRANTEES AND OTHER INTERESTED PARTIES
SUBJECT: LIHEAP Allocations from the FY 2008 Energy
Emergency Contingency Fund-$450 MILLION
DISTRIBUTION ON JANUARY 16, 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 provide grantees with information on the
distribution of LIHEAP emergency contingency
funds that took place on January 16, 2008.
These funds were distributed to LIHEAP
grantees to help them meet the additional
needs that resulted from high home heating
fuel prices this winter.
BACKGROUND: The Human Services Amendments of 1994 (Public
Law 103-252) amended Section 2602(e) of the
LIHEAP statute to provide for a permanent
authorization of an emergency contingency
fund. Under this provision, up to
$600,000,000 may be made available each fiscal
year, in addition to other funds that may be
appropriated, "to meet the additional home
energy assistance needs of one or more States
arising from a natural disaster or other
emergency." Funds appropriated under this
section are considered to be emergency
requirements under the terms of Section
251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and are
to be made available only after the President
submits a formal budget request to the
Congress for all or a part of the funds
appropriated under this section, provided that
the request designates the amount requested as
such an emergency requirement.
Section 2604(g) of the LIHEAP statute, as
amended in 1994 by Public Law 103-252, allows
the Secretary of Health and Human Services to
allocate any funds made available under
Section 2602(e) to one or more grantees,
taking into account the extent to which the
grantee was affected by the emergency or
disaster, the availability of other resources
to the grantees under LIHEAP or any other
program, and such other factors that are
deemed relevant.
The Consolidated Appropriations Act, 2008
(Public Law (P.L.) 110-161) was signed by the
President on December 26, 2007. It included
an appropriation of $596,379,000 for LIHEAP
emergency contingency purposes. Another
provision of P.L. 110-161 provided for a 1.747
percent rescission to $346,379,000 of these
funds, thereby reducing the total amount
appropriated for LIHEAP emergency contingency
purposes to $590,327,759. P.L. 110-161 also
provided that these funds were appropriated
"for the fiscal year ending September 30,
2008."
In addition to the $590,327,759 of Fiscal Year
(FY) 2008 funds that were appropriated for
LIHEAP emergency contingency purposes in FY
2008, $20,350,000 of no-year funds that were
appropriated for LIHEAP emergency contingency
purposes in FY 2005 were carried over to FY
2008. A total of $610,677,759 is available in
LIHEAP emergency contingency funds in FY 2008.
CONTENT: On January 16, 2008, the Secretary of Health
and Human Services released $450,000,000 to
all States, Territories and Indian
tribes/tribal organizations. The funds were
released to all LIHEAP grantees because of
large increases in heating fuel prices this
winter, particularly for natural gas, propane
and fuel oil.
The $450 million were allocated to all
grantees under the following method:
• 33 percent, or $150 million, were allocated to
all Territories and States based on their
regular "old formula" block grant allocation
ratio;
• 56 percent, or $250 million, were allocated to
the 26 States that met both of the following
criteria: (1) the number of the State's low-
income households that used fuel oil, natural
gas or propane as a primary heating fuel
equaled or exceeded 60 percent of the total
number of the State's low-income households;
and (2) the State's population-weighted
temperature from November, 2006 through
March, 2007 equaled or exceeded 39 degrees
Fahrenheit. These funds were allocated to
each of these States based on the share that
the State's regular ("old formula") block
grant allocation ratio bore to the total of
the "old formula" block grant allocation
ratios of all these States.
• 11 percent, or $50 million, were allocated to
the 11 States in which the number of State's
low-income households that used fuel oil as a
primary heating fuel equaled or exceeded 20
percent of the total number of State's low-
income households. These funds were allocated
to each of these States based on the share
that the State's regular ("old formula") block
grant allocation ratio bore to the total of
the "old formula" block grant allocation
ratios of all these States.
• The Indian tribes and tribal organizations
that receive direct LIHEAP funding from the
Department of Health and Human Services
received a share of the $450 million. Their
allocations were based on the same share of
the State's contingency allocation as the
tribe or tribal organization received of the
State's regular LIHEAP block grant allocation.
The allocations to all the States, Territories
and Indian tribes/tribal organizations are
shown in Attachment 1.
Along with regular block grant funds, grantees
must obligate at least 90 percent of the $450
million in emergency contingency funds by
September 30, 2008.
In order to expedite the use of the funds in
emergency conditions, no special restrictions
were imposed on their use. The contingency
funds may be used for any purpose authorized
under LIHEAP, including heating assistance,
crisis assistance, weatherization,
administrative costs, and carryover, subject
to normal LIHEAP restrictions. The
contingency funds should be added to the
regular FY 2008 block grant allocation to
determine limits on weatherization,
administration and planning costs, and
Assurance 16 activities.
With the release of $450 million, $160,677,759
in emergency contingency funds remain
available for potential heating or cooling
crises. Of this total, $140,327,759 is
available through September 30, 2008 and
$20,350,000 from the FY 2005 appropriation
remains available until expended.
ATTACHMENTS: (1) Distribution of $450 million in FY 2008
LIHEAP energy emergency contingency fund
allocations to States, Territories and
Indian tribes/tribal organizations, and the
formula for allocating these funds.
(2) A copy of the relevant portions of the
Consolidated Appropriations Act, 2008 (P.L.
110-161)
(3) A copy of relevant portions of the
Consolidated Appropriations Act, 2005 (P.L.
108-447)
______________/s_____________
Nick St. Angelo
Director
Division of Energy Assistance
Office of Community Services
Attachment 2
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(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 3
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.
