The Low Income Home Energy Assistance Program (LIHEAP) statute requires
grantees to obligate no less than 90% of total LIHEAP funds appropriated for a federal
fiscal year (FFY). Section 2607(b) of the LIHEAP statute (42 U.S.C. 8626(b)) requires
each grantee (1) to notify HHS of the amount (if any) of these funds that it fails or will
fail to obligate; and (2) to return any unobligated funds above 10% of the FFY's total to
the federal government. Grantees may carry over the amount, up to 10%, that they
fail to obligate for use in the following FFY. Grantees use the LIHEAP Carryover and
Reallotment Report on an annual basis to notify HHS of these amounts.
The CARES Act (Public Law 116-136) appropriated $900,000,000 for LIHEAP for FFY
2020. This law lifted, for these funds only, the requirement of Section 2607(b).
Legislation pending in Congress proposes to do likewise for additional supplemental funds. Consequently, grantees may obligate any share of their LIHEAP allotment under the CARES Act, and potentially additional supplemental acts, in FFY 2020 and carry over the full remainder to FFY 2021. This means FFY 2020 LIHEAP funds fall under at least two funding streams--one with a 90% obligation requirement and the other with a 0% obligation requirement. As a result, ACF, which administers LIHEAP for HHS, must require grantees to report LIHEAP funds appropriated through the CARES Act separately from those appropriated under other appropriations mechanisms. Accordingly, ACF asks that OMB approve the attached, non-substantive change to the LIHEAP Carryover and Reallotment Report for FFY 2020.
US Code:
42 USC 8626
Name of Law: Omnibus Ronconciliation Act of 1981
PL: Pub.L. 116 - 136 Title VIII Name of Law: Coronavirus Aid, Relief, and Economic Security Act
The CARES Act requires ACF to implement the standard LIHEAP statutory requirements, including the normal reporting requirements for how grantees use funding.
ACF proposes to increase the total burden hours for this information collection to allow grantees to report separately CARES Act funding and other supplemental funds if Congress passes the appropriate legislation (e.g., Coronavirus Response Additional Supplemental Appropriations Act, 2020 (S.4320) and The Heroes Act (H.R.6800)). ACF also proposes to increase the number of respondents from 177 to 204 due to a recent reassessment of reporting grantees.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form 1 Low Income Home Energy Assistance Program (LIHEAP) Carryout and Reallotment Report
NonSub Change Memo - LIHEAP COR_FY2020.docx
Low Income Home Energy Assistance Program (LIHEAP) Carryout and Reallotment Report