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LIHEAP IM attachment on Title XXVI of the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35

Published: October 7, 2010
Audience:
Low Income Home Energy Assistance Program (LIHEAP)
Category:
Guidance, Policies, Procedures, Information Memorandums (IM)

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.

Attachment 3

FY 2010 Low Income Home Energy Assistance Program (LIHEAP) State and Territory Allocations of an Emergency Contingency Release of $100.68 Million.
State Allocations: Gross and Net of Tribal Set-asides
Total Amount Released
$100,678,022
07-Oct-10
Total Amount Released to States
$100,541,676
A B C D E F
  old percents Gross Allocations Tribal Set-Aside  Net Allocations  
ATTACHMENT 3
State
FY 1984 Percents Col B X $100.54 Million Amount Set Aside for Tribes in That State Col C Minus Col. D Note
Alabama
0.00860045 $864,704 $5,954 $858,750  
Alaska
0.00548986 $551,960 $196,607 $355,353  
Arizona
0.00415928 $418,181 $31,716 $386,465  
Arkansas
0.00656255 $659,810   $659,810  
California
0.04613891 $4,638,883 $39,477 $4,599,406  
Colorado
0.01608720 $1,617,434   $1,617,434  
Connecticut
0.02098632 $2,110,000   $2,110,000  
Delaware
0.00278553 $280,062   $280,062  
District of Columbia
0.00325921 $327,686   $327,686  
Florida
0.01360848 $1,368,219 $351 $1,367,868  
Georgia
0.01075959 $1,081,787   $1,081,787  
Hawaii
0.00108355 $108,943   $108,943  
Idaho
0.00627508 $630,907 $30,614 $600,293  
Illinois
0.05808651 $5,840,115   $5,840,115  
Indiana
0.02629994 $2,644,240 $169 $2,644,071  
Iowa
0.01863912 $1,874,008   $1,874,008  
Kansas
0.00855992 $860,629 $1,628 $859,001  
Kentucky
0.01368640 $1,376,054   $1,376,054  
Louisiana
0.00879264 $884,027   $884,027  
Maine
0.01359579 $1,366,944 $49,962 $1,316,982  
Maryland
0.01606896 $1,615,600   $1,615,600  
Massachusetts
0.04197959 $4,220,698 $1,688 $4,219,010  
Michigan
0.05514805 $5,544,677 $28,530 $5,516,147  
Minnesota
0.03973105 $3,994,626   $3,994,626  
Mississippi
0.00737355 $741,349 $1,405 $739,944  
Missouri
0.02320202 $2,332,770   $2,332,770  
Montana
0.00736027 $740,014 $129,359 $610,655  
Nebraska
0.00921776 $926,769 $937 $925,832  
Nevada
0.00195349 $196,407   $196,407  
New Hampshire
0.00794588 $798,892   $798,892  
New Jersey
0.03897152 $3,918,262   $3,918,262  
New Mexico
0.00520713 $523,534 $41,837 $481,697  
New York
0.12724791 $12,793,718 $14,072 $12,779,646  
North Carolina
0.01896380 $1,906,652 $33,908 $1,872,744  
North Dakota
0.00799548 $803,879 $164,554 $639,325  
Ohio
0.05138620 $5,166,455   $5,166,455  
Oklahoma
0.00790558 $794,840 $73,317 $721,523  
Oregon
0.01246826 $1,253,580 $19,753 $1,233,827  
Pennsylvania
0.06835090 $6,872,114   $6,872,114  
Rhode Island
0.00691008 $694,751 $1,969 $692,782  
South Carolina
0.00683051 $686,751   $686,751  
South Dakota
0.00649373 $652,890 $116,084 $536,806  
Tennessee
0.01386403 $1,393,913   $1,393,913  
Texas
0.02263997 $2,276,261   $2,276,261  
Utah
0.00747576 $751,625 $11,676 $739,949  
Vermont
0.00595572 $598,798   $598,798  
Virginia
0.01957379 $1,967,982   $1,967,982  
Washington
0.02050857 $2,061,966 $83,893 $1,978,073  
West Virginia
0.00905733 $910,639   $910,639  
Wisconsin
0.03576365 $3,595,737   $3,595,737  
Wyoming
0.00299313 $300,934 $2,651 $298,283
Net allocation includes $4,918, which was previously overpaid to Northern Arapaho Nation.
Total
  $100,541,676 $1,082,111 $99,459,565  
Release
$100,678,022        
Leveraging
$0        
Difference
$100,678,022        
T & TA 
 
$0        
Difference
$100,678,022        
Territory Allocation Ratio
0.00135428
       
Territorial Allocations
$136,346        
Total to States
$100,541,676
       
Territories
Ratios by Territory Territory Allocations      
American Samoa
0.01654258 $2,256      
Guam
0.03626904 $4,945      
Northern Marianas
0.01259719 $1,718      
Puerto Rico
0.90029483 $122,751      
Virgin Islands
0.03429636 $4,676      
Total
  $136,346      

 

DEA/PE 07-Oct-10