LIHEAP Allotments for FY 2005
THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2005-3, DATED 2/9/05
TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
GRANTEES AND OTHER INTERESTED PARTIES
SUBJECT: LIHEAP Allotments for FY 2005
RELATED
REFERENCES: 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 97-35), as
amended.
PURPOSE: To advise grantees of allocations for FY 2005
regular LIHEAP block grant funds based on the
funding level of $1.9 billion, as well as an
additional $300 million in emergency contingency
funds.
CONTENT: The Consolidated Appropriations Act of 2005
(Public Law 108-447) was signed by the President
on December 8, 2004. This law appropriated
FY 2005 funds for federal agencies including the
Department of Health and Human Services. Public
Law (P.L.) 108-447 provided $1.9 billion in regular
block grant funds for the LIHEAP program. It
includes a provision for an additional $300 million
in LIHEAP emergency contingency funds.
Several key provisions of P.L. 108-447 had a direct
effect on the final LIHEAP appropriation for FY 2005.
In summary, the law provided:
· $1.9 billion in regular LIHEAP block grant
funds;
· An additional $300 million in LIHEAP
emergency contingency funds; and
· A 0.8 percent rescission and an additional
$1,000 rescission were applied to the $1.9
billion total that resulted in the final
appropriation of $1,884,799,008 for the LIHEAP
block grant for FY 2005.
Listed below is a detailed description
of the distribution of FY 2005 LIHEAP block grant
funds. Charts showing FY 2005 allotments for each
State, territory and tribal grantee are attached.
Also attached is a copy of the relevant statutory
provisions of P.L. 108-447 related to LIHEAP.
The 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 when the block
grant (i.e., non-contingency) appropriation is less
than $1.975 billion.
FY 2005 LIHEAP Block Grant Funding
The Consolidated Appropriations Act of
2005 (P.L. 108-447) was signed by the President on
December 8, 2004. It appropriated funds for HHS
programs, including an appropriation of
$1,900,000,000 for LIHEAP in FY 2005, which began
on October 1, 2004 and ends on September 30, 2005.
Since October 1, 2004, a series of continuing
resolutions (CRs) were passed by Congress, which
provided a percentage of funds for the LIHEAP
program based on the FY 2004 appropriation level.
The FY 2005 funds available under the CRs enabled
us to make normal first quarter grant awards to
States and to tribal grantees after they submitted
complete funding applications. Also, sufficient
funds were available under the CRs to allow us to
honor up to 90 percent of the States' first and
second quarter allocation percentage requests.
Shortly after the FY 2005 appropriations bill was
passed on December 8, we recalculated grant
allocations based on the revised appropriation
level of $1.9 billion, and began making
supplemental grant awards as soon as possible to
all LIHEAP grantees to reflect the additional
funding. We began making second quarter grants on
January 3.
The FY 2005 LIHEAP appropriation reflects $1.9
billion in regular block grant funds, plus an
additional $300 million in emergency contingency
funds. Finally, another provision of P.L. 108-447
provided for a 0.8 percent across the board
rescission for most federal programs, including
the LIHEAP program. The rescission of 0.8 percent
(plus an additional rescission of $1,000) was
assessed against the total $1.9 billion, which
resulted in the final figure of $1,884,799.008.
In summary, the appropriation and contingency fund
amounts are as follows:
FY 2005 Amount
Appropriation With Rescission
Regular Block Appropriation $1,900,000,000 $1,884,799,008
Emergency Contingency Funds 300,000,000 297,600,000
TOTAL $2,200,000,000 $2,182,399,008
At least 90 percent of a grantee's total regular
block grant allotment for FY 2005 must be
obligated for use by September 30, 2005. No more
than 10 percent of this total may be carried over
to FY 2006, and those carryover funds must be
obligated no later than September 30, 2006.
In addition, P.L. 108-447 required that the
rescission be applied proportionately among the
individual budget authorities within each federal
program. For LIHEAP, the 0.8 percent was applied
to the leveraging incentive fund grants, the
Residential Energy Assistance Challenge Option
Program (REACH) funds, and the amount available
for LIHEAP training and technical assistance
(T&TA) projects. In summary, the appropriation
and rescission amounts for those categories are as
follows:
FY 2004 Amount
Appropriation With Rescission
Leveraging Program $ 20,625,000 $ 20,460,000
REACH 6,875,000 6,820,000
TOTAL Leveraging/REACH $ 27,500,000 $ 27,280,000
LIHEAP T&TA $ 300,000 $ 296,608
Of the $1.885 billion appropriated for FY 2005,
$27,280,000 is earmarked for the leveraging program
grant awards, including leveraging incentive fund
grants and funds for the REACH program. As allowed
by the LIHEAP statute, we are setting aside the full
25 percent of leveraging funds permitted for the
REACH program. This means that $20,460,000 will be
available for leveraging incentive awards and
$6,820,000 will be available for REACH grants in
FY 2005.
Under the LIHEAP statute, grantees desiring
leveraging incentive funds or REACH funds
must submit a separate application to HHS each
year. Applications for FY 2005 leveraging
incentive award funds (based on leveraging
activities carried out during FY 2004), must have
been postmarked no later than November 30, 2004.
Information on applying for FY 2005 REACH funds
will be forthcoming.
In addition, we set aside the full $296,608 of
FY 2005 funds allowed for training and
technical assistance projects. If we later
determine that less money is needed for this
purpose, we will redistribute the unused funds
to the grantees.
Attachment (1) shows the calculation of
regular block grant allotments for FY 2005 for
States and territories, with each State's formula
share in the column marked "Allocation Percents".
Using these percents, we calculated each State's
Gross Allotment, which appears in the next column.
Grants to Indian tribes and tribal organizations
were deducted from their State's share (gross
allotment) and were determined either by
calculating each tribe's number of eligible
households as a percentage of the number of
eligible households in the State(s) in which it is
located, or by awarding a higher amount specified
in a State-Tribe agreement. Total tribal grantee
allotments (or tribal set-aside) for each State
are shown in the following column. The final column
shows each State's Net Allotment, that is, the
amount of the gross allotment available to the
States after deducting the Indian tribal set-asides.
Grant awards are made as soon as grantees submit
completed applications.
Attachment (2) shows a breakout of the FY 2005
allocations for individual Indian tribes and
tribal organizations that are directly funded
by HHS. These amounts, in some cases, may
increase if States and tribes enter into or modify
agreements to provide additional funding.
FY 2005 LIHEAP Emergency Contingency Funds
P.L. 108-447, the Consolidated Appropriations Act
of 2005, provided for a LIHEAP appropriation
(after rescission) of $297.6 million in
emergency contingency funds and specified that
these funds are available until expended. HHS
released $200 million of the emergency funds-the
first release of $100 million on December 23, 2004
and a second release of $100 million on January
31, 2005. These funds were distributed to all
States based on much higher prices for heating
fuels this winter. A total of $97.6 million in
contingency funds remains available for any future
heating or cooling crises. (Please see LIHEAP-IM-2005-4,
dated February 11, 2005, for more information
on the two releases of LIHEAP emergency funds.)
ATTACHMENTS: (1) LIHEAP Allocations (gross and net allotments)
for all States and Territories for FY 2005 funds,
at the funding level of $1,884,799,008 including
$27,280,000 earmarked for leveraging incentive
grants and REACH
(2) LIHEAP Allocations for Indian Tribes and
Tribal organizations receiving direct funding from
HHS for FY 2005 funds, at the funding level of
$1,884,799,008
(3) A copy of relevant portions of the
Consolidated Appropriations Act of 2005, P.L.
108-447
______________/s_____________
Nick St. Angelo
Director
Division of Energy Assistance
Office of Community Services
Attachment 3
H.R. 4818 (P.L. 108-447)
Consolidated Appropriations Act, 2005
(Enrolled as Agreed to or Passed by Both House and Senate)
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,900,000,000.
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).
