LIHEAP Allocations from the FY 2010 Energy Emergency Contingency Fund - $490 MILLION DISTRIBUTION ON JANUARY 20, 2010
THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2010-4, DATED 3/17/10
TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
GRANTEES AND OTHER INTERESTED PARTIES
SUBJECT: LIHEAP Allocations from the FY 2010 Energy
Emergency Contingency Fund - $490 MILLION
DISTRIBUTION ON JANUARY 20, 2010
RELATED
REFERENCES: The Consolidated Appropriations Act, 2010 (Public
Law (P.L.) 111-117); the Low-Income Home Energy
Assistance Act, Title XXVI of the Omnibus Budget
Reconciliation Act of 1981 (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 20, 2010. These funds
were distributed to LIHEAP grantees to help meet
the additional needs of eligible households that
resulted from unusually cold weather and the
continuing effects of the economic downturn.
BACKGROUND: The Human Services Amendments of 1994 (P.L. 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(e) of the LIHEAP statute, as amended
in 1994 by P.L. 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. See
Attachment 1 for more details.
The Consolidated Appropriations Act, 2010 (P.L. 111-
117), which was signed by the President on December
16, 2010, included an appropriation of $590,328,000
for LIHEAP emergency contingency purposes. P.L.
111-117 also provided that these funds were
appropriated "for the fiscal year ending September
30, 2010." See Attachment 2 for more details.
CONTENT: On January 20, 2010, the Secretary of Health and
Human Services released $490,000,000 to all States,
Territories and Indian tribes/tribal organizations.
The funds were released to all LIHEAP grantees
because of the unusually cold weather during the
late fall and winter and the continuing effects of
the economic downturn.
The $490 million were allocated to all grantees
under the following method:
• $450 million to all States based on their
respective shares of their FY 2010 regular block
grant allocations weighted by their average
unemployment rates from September 2009 through
November 2009; and to all Territories based on
their respective shares of their FY 2010 regular
block grant allocations.
• $40 million to the 14 States whose heating degree-
days (HDDs) from November 1, 2009 through January
9, 2010 exceeded their 30-year norms by more than
five percent. These States received shares of the
$40 million on the basis of their HDDs from
November 1, 2009 through January 9, 2010 weighted
by their numbers of households below 125 percent
of Federal Poverty Guidelines weighted by their
average unemployment rates from September 2009
through November 2009.
All Indian Tribes and Tribal organizations that
receive direct LIHEAP funding from the Department
of Health and Human Services received a share of
the $490 million. Each Tribe and Tribal
organization received an allocation that was based
on the same share they received under the regular
LIHEAP block grant allocation.
The allocations to all the States, Territories and
Indian Tribes/Tribal organizations are shown in
Attachment 3.
Grantees may use these contingency funds 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 2010 block grant
allocation to determine limits on weatherization,
administration and planning costs, and Assurance 16
activities. However, grantees must obligate at
least 90 percent of the total of these emergency
contingency funds and the regular block grant funds
by September 30, 2010.
With the release of $490 million, $100,328,000 in
emergency contingency funds remains available for
potential heating or cooling crises. All of these
funds are available through September 30, 2010.
ATTACHMENTS: (1) A copy of relevant portions of the Low-Income
Home Energy Assistance Act, Title XXVI of the
Omnibus Budget Reconciliation Act of 1981
(P.L. 97-35), as amended
(2) A copy of the relevant portions of the
Consolidated Appropriations Act, 2010 (P.L.
111-117)
(3) Distribution of $490 million in FY 2010 LIHEAP
energy emergency contingency funds to States,
Territories and Indian Tribes/Tribal
organizations; and the formula for allocating
these funds
________________/s___________
Nick St. Angelo
Director
Division of Energy Assistance
Office of Community Services
Attachment 1
Title XXVI of the Omnibus Budget Reconciliation Act of 1981, P.L.
97-35
LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981
as amended
SHORT TITLE
Section 2601. This title may be cited as the "Low-Income Home
Energy Assistance Act of 1981".
HOME ENERGY GRANTS AUTHORIZED
Section 2602.
(e) There is authorized to be appropriated in each fiscal
year for payments under this title, in addition to amounts
appropriated for distribution to all the States in accordance
with section 2604 (other than subsection (e) of such section),
$600,000,000 to meet the additional home energy assistance
needs of one or more States arising from a natural disaster or
other emergency. Funds appropriated pursuant to this
subsection are hereby designated to be emergency requirements
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, except that such funds
shall be made available only after the submission to Congress
of a formal budget request by the President (for all or a part
of the appropriation pursuant to this subsection) that
includes a designation of the amount requested as an emergency
requirement as defined in such Act.
DEFINITIONS
Section 2603. As used in this title:
(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 food stamp program carried out
under the Food Stamp Act of 1977 (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.
(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.
(9) The term "Secretary" means the Secretary of Health and Human
Services.
Section 2604.
(e) Notwithstanding subsections (a) through (d), the Secretary
may allot amounts appropriated pursuant to section 2602(e) to
one or more than one State. In determining whether to make
such an allotment to a State, the Secretary shall take into
account the extent to which the State was affected by the
natural disaster or other emergency involved, the availability
to the State of other resources under the program carried out
under this title or any other program, and such other factors
as the Secretary may find to be relevant. Not later than 30
days after making the determination, but prior to releasing an
allotted amount to a State, the Secretary shall notify
Congress of the allotments made pursuant to this subsection.
Attachment 2
H.R.3288 (P.L. 111-117)
Consolidated Appropriations Act, 2010
SEC. 4. 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, 2010.
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
low income home energy assistance
For making payments under subsections (b), (d), and (e) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $5,100,000,000, of which $4,509,672,000 shall be for
payments under subsections (b) and (d) of such section; and of
which $590,328,000 shall be for payments under subsection (e)
of such section, to be made notwithstanding the designation
requirements of such subsection: Provided, That all but
$839,792,000 of the amount provided in this Act for
subsections (b) and (d) shall be allocated as though the total
appropriation for such payments for fiscal year 2010 was less
than $1,975,000,000: Provided further, That notwithstanding
section 2605(b)(2)(B)(ii) of such Act, a State may use any
amount of an allotment from prior appropriations Acts that is
available to that State for providing assistance in fiscal
year 2010, and any allotment from funds appropriated in this
Act or any other appropriations Act for fiscal year 2010, to
provide assistance to households whose income does not exceed
75 percent of the State median income.
