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The Low Income Home Energy Assistance
Program (LIHEAP): Program and Funding
Libby Perl
Specialist in Housing Policy
November 23December 22, 2011
Congressional Research Service
7-5700
www.crs.gov
RL31865
CRS Report for Congress
Prepared for Members and Committees of Congress
c11173008
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Summary
The Low Income Home Energy Assistance program (LIHEAP), established in 1981 as part of the
Omnibus Budget Reconciliation Act (P.L. 97-35), is a block grant program under which the
federal government makes annual grants to states, tribes, and territories to operate home energy
assistance programs for low-income households. The LIHEAP statute authorizes two types of
funds: regular funds (sometimes referred to as formula or block grant funds), which are allocated
to all states using a statutory formula, and emergency contingency funds, which are allocated to
one or more states at the discretion of the Administration in cases of emergency as defined by the
LIHEAP statute.
States may use LIHEAP funds to help households pay for heating and cooling costs, for crisis
assistance, weatherization assistance, and services (such as counseling) to reduce the need for
energy assistance. According to the most recent data available from the Department of Health and
Human Services (HHS), in FY2008, 53.3% of funds went to pay for heating assistance, 3.1% was
used for cooling aid, 19.0% of funds went to crisis assistance, and 10.1% was used for
weatherization. The LIHEAP statute establishes federal eligibility for households with incomes at
or below 150% of poverty or 60% of state median income, whichever is higher, although states
may set lower limits. In both the FY2009 and FY2010 appropriations acts, Congress gave states
the authority to raise their LIHEAP eligibility standards to 75% of state median income. In
FY2009, the most recent year for which HHS data are available, an estimated 35 million
households were eligible for LIHEAP under the federal statutory guidelines (45 million were
eligible based on the appropriations provision). According to HHS, 7.4 million households
received heating or winter crisis assistance and approximately 900,000 households received
cooling assistance that same year.
The President’s budget for LIHEAP in FY2012 proposed to provide $1.98 billion in regular funds
and to fund emergency contingency funds at $590 million. This would constitute a total reduction
of about $2.1 billion compared to FY2011, when $4.5 billion was appropriated for regular funds
and $200 million for emergency contingency funds. The amount proposed by the President would
bring regular funds back to the levels that were last appropriated in FY2007 and FY2008; since
FY2009, approximately $4.5 billion has been appropriated for regular funds.
The Senate Appropriations Committee-passed bill for FY2012 (S. 1599) would increase LIHEAP
funding over the President’s request by approximately $1 billion, but it would reduce funding
from the FY2011 level by $1.1 billion. The bill would provide $3.40 billion for regular funds, all
distributed according to the proportions of the “old” LIHEAP formula, and retain the same level
of emergency contingency funding from FY2011—$200 million. The Departments of Labor,
Health and Human Services, and Education Appropriations bill introduced in the House (H.R.
3070) would appropriate $3.39 billion for regular funds, with state distributions made according
to the statutory LIHEAP formula, and would provide no emergency contingency fundsFor FY2012, the House and Senate approved a bill (H.R. 2055) to provide $3.472 billion for
LIHEAP formula grants; there is no appropriation for emergency contingency funds. (As of the
date of this report, H.R. 2055was awaiting the President’s signature.) Funding for most federal
programs, including LIHEAP, was included in the conference report for H.R. 2055 (H.Rept. 112331). The amount provided for formula grants in the conference report was $3.478 billion, but
application of an across-the-board rescission of 0.189% for discretionary accounts resulted in the
final appropriation of $3.472 billion. Funding for LIHEAP in FY2012 is about $1.2 billion less
than was provided in FY2011, when Congress appropriated $4.5 billion for regular funds and
$200 million for emergency contingency funds, but exceeds the President’s total request ($1.98
billion for regular funds and $590 million for emergency contingency funds) by about $900
million.
The amount included for LIHEAP in H.Rept. 112-331 resolved differences between proposals in
the House (H.R. 3070) and Senate (S. 1599) that would have distributed funds to the states via
different applications of the LIHEAP formula. Of the total appropriated as part of H.R. 2055,
$497 million is to be distributed using the statutory, or “new,” LIHEAP formula, with the
remainder, about $2.9 billion, distributed according to the proportions of the “old” LIHEAP
formula.
This report describes LIHEAP funding, program rules, and eligibility. It will be updated as events
warrant.
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Contents
Introduction...................................................................................................................................... 1
LIHEAP Funding............................................................................................................................. 1
Proposed FY2012 LIHEAP Funding......................................................................................................... 1
Funding Under the FY2012 Continuing Resolutions.......................................................... 2
FY2011 LIHEAP Funding......................................................................................................... 3
FY2011 Emergency Contingency Funds............................................................................. 34
Program Rules and Benefits ............................................................................................................ 45
Federal Eligibility Standards and Grantee Responsibility......................................................... 5
Kinds of Energy Assistance Available....................................................................................... 56
Use of Funds.............................................................................................................................. 6
Households Served .................................................................................................................... 6
Benefit Levels............................................................................................................................ 7
Funds and Their Distribution ......................................................................................................... 10
Regular Funds.......................................................................................................................... 10
Tier I.................................................................................................................................. 10
Tier II................................................................................................................................. 11
Tier III ............................................................................................................................... 11
Contingency Funds.................................................................................................................. 11
Leveraging Incentive and REACH Funds ............................................................................... 12
Other Funds ............................................................................................................................. 12
Legislative History......................................................................................................................... 12
Tables
Table 1. FY2010 and FY2011 Enacted LIHEAP Funding and FY2012 Proposed Funding................................. 4
Table 2. LIHEAP Heating/Winter Crisis Aid for Select Years......................................................... 9
Table A-1. FY2012 LIHEAP Regular Fund Allotments to States, Tribes, and Territories
Under the Continuing Resolutions as
of December 22, 2012 ................................................................................................................ 15
Table A-2. FY2011 LIHEAP Regular and Contingency Fund Allotments to States, Tribes,
and Territories............................................................................................................................. 17
Table A-3. LIHEAP Funding by State FY2006 to FY2010 ........................................................... 19
Table A-4. LIHEAP Funding: FY1982 to FY2012........................................................................ 22
Appendixes
Appendix. Tables Showing LIHEAP Funding Levels ................................................................... 14
Contacts
Author Contact Information........................................................................................................... 24
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Introduction
The Low Income Home Energy Assistance program (LIHEAP), established by Title XXVI of the
Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35), is a block grant program under which
the federal government gives states, tribes, and territories annual grants to operate home energy
assistance programs for low-income households. The LIHEAP statute provides for two types of
program funding: regular funds (sometimes referred to in this report as “formula funds”) and
emergency contingency funds (sometimes referred to in this report as “contingency funds”).
Regular funds are allotted to states according to a formula prescribed by the LIHEAP statute.1
Contingency funds may be released and allotted to one or more states at the discretion of the
President and the Secretary of Health and Human Services (HHS).
The first section of this report describes proposed funding for LIHEAP in FY2012 and enacted
funding in FY2011. The second
section of this report discusses LIHEAP rules, including
household eligibility and how funds may
be used, and presents the most recent data available
from HHS regarding household
characteristics and benefit levels. The third section discusses how
each category of LIHEAP
funds is distributed to states, as well as a breakdown of funds to the
states during the last several
fiscal years. Finally, the Appendix contains tables showing recent
LIHEAP allocations to the
states, as well as appropriations for the program since its inception.
LIHEAP Funding
Proposed FY2012 LIHEAP Funding
The funding cycle for FY2012 got underway when the President released his budget on February
14, 2011. The President proposed to provide a total of $2.57 billion for LIHEAP in FY2012—
$1.98 billion for regular funds and $590 million for emergency contingency funds. The proposed
amount would be a reduction of about $2.5 billion from the FY2011 regular fund level of $4.5
billion, while emergency contingency funds would increase by about $400 million over the
FY2011 level of $200 million. The proposal would bring the LIHEAP regular fund level in line
with appropriations levels prior to FY2009; Congress appropriated $1.98 billion for regular funds
in both FY2007 and FY2008. According to HHS budget documents, the reason for the proposed
reduction was that the Administration did not expect energy prices to be as high in FY2012 as
they were in FY2008.2 Another proposed change in the budget was to increase the amount of
funding for LIHEAP training and technical assistance from the $300,000 that has been set aside
for this purpose to $3 million.3
The Senate Appropriations Committee approved a funding bill for the Departments of Labor,
Health and Human Services, and Education on September 22, 2011 (S. 1599), which includesFY2012 LIHEAP Funding
Funding for LIHEAP in FY2012 was finalized when the House and Senate approved the
conference report for H.R. 2055, the FY2012 Consolidated Appropriations Act (H.Rept. 112331). While the bill itself contained funding for Military Construction and the Department of
Veterans Affairs, the conference report provided funding for most other federal programs.
The total for LIHEAP regular funds in FY2012 is approximately $3.472 billion; no funding was
provided for emergency contingency funds. The amount actually provided for formula grants in
H.Rept. 112-331 is $3.478 billion, but application of an across-the-board rescission of 0.189% for
discretionary accounts resulted in the final appropriation of $3.472 billion.2 Compared to
FY2011, LIHEAP funding is reduced by approximately $1.2 billion, when Congress appropriated
$4.5 billion for regular funds and $200 million for emergency contingency funds.
Prior to approval of H.R. 2055, the President had proposed to provide a total of $2.57 billion for
LIHEAP in FY2012—$1.98 billion for regular funds and $590 million for emergency
contingency funds. According to HHS budget documents, the reason for the proposed reduction
compared to FY2011 was that the Administration did not expect energy prices to be as high in
FY2012 as they were in FY2008.3 Another proposed change in the budget was to increase the
1
See Section 2604(a)-(d) of the Low Income Home Energy Assistance Act (Title XXVI of P.L. 97-35), as amended.
The section is codified at 42 U.S.C. § 8623(a)-(d).
2
8623(a)-(d).
2
See H.Rept. 112-331, Division F, Title V, Section 527.
3
U.S. Department of Health and Human Services, Administration for Children and Families, FY2012 Congressional
Justification, p. 31, http://www.acf.hhs.gov/programs/olab/budget/2012/cj/LIHEAP.pdf. Historical energy prices, as
well as predictions for the next year, are available from the Energy Information Administration. See the Short Term
Energy Outlook, http://www.eia.doe.gov/EMEU/steo/realprices/index.cfm.
3
The $300,000 set-aside is authorized at 42 U.S.C. § 8628a.
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proposed funding for LIHEAP. The bill would increase LIHEAP regular funds over the amount
proposed by the President, but reduce them compared to FY2011. The bill proposes $3.4 billion
for regular funds, all distributed according to the provisions of the “old” LIHEAP formula. (For
more information on how funds would be distributed to the states, see Table C-1 of CRS Report
RL33275, The LIHEAP Formula: Legislative History and Current Law, by Libby Perl). Of the
total appropriated for regular funds, S. 1599 would set aside the same amounts for training and
technical assistance and leveraging incentive/REACH grants that were proposed by the President:
$3 million and $27 million, respectively. Regarding emergency contingency funds, S. 1599 would
provide the same level as was appropriated in FY2011—$200 million—which is almost $400
million less than was proposed in the President’s budget.
The version of the Departments of Labor, Health and Human Services, and Education
appropriations bill introduced in the House (H.R. 3070) would appropriate $3.39 billion for
LIHEAP regular funds, all of which would be distributed according to the statutory LIHEAP
formula. The bill proposes that $2 million be set aside from regular funds for training and
technical assistance. H.R. 3070 would not provide funding for emergency contingency funds.
Funding Under the FY2012 Continuing Resolutions
As of the date of this report, LIHEAP, like many federal programs, was funded as part of a
continuing resolution (CR) that maintains funding at FY2011 levels through December 16, 2011
(P.L. 112-55).4 However, states have not received the same amount of LIHEAP funding that they
received in FY2011 due to a standard provision in continuing resolutions that states the
(continued...)
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amount of funding for LIHEAP training and technical assistance from the $300,000 that has been
set aside for this purpose to $3 million.4 H.Rept. 112-331 followed this proposal and included $3
million for training and technical assistance.
FY2012 Congressional proposals for LIHEAP regular funds provided in bills introduced in the
House (H.R. 3070) and approved by the Senate Appropriations Committee (S. 1599) were similar
to each other. H.R. 3070 would have appropriated $3.39 billion, while S. 1599 proposed to
provide $3.4 billion (and $200 million in emergency contingency funds). However, despite the
nearly identical proposals, the two bills would have used different applications of the LIHEAP
formula to distribute funds to the states. H.R. 3070 would have used the statutory, or “new,”
LIHEAP formula to distribute funds, while S. 1599 would have used the proportions of the “old”
LIHEAP formula. (For more information on how funds would have been distributed to the states
under these proposals, see Table C-1 of CRS Report RL33275, The LIHEAP Formula:
Legislative History and Current Law, by Libby Perl.)
The amount included for LIHEAP in H.Rept. 112-331 resolved differences between H.R. 3070
and S. 1599 by using language similar to the appropriations laws for FY2009 through FY2011:
For making payments under subsections (b) and (d) of section 2602 of the Low Income
Home Energy Assistance Act of 1981, $3,478,246,000: Provided, That all but $497,000,000
of such funds shall be allocated as though the total appropriation for such payments for fiscal
year 2012 was less than $1,975,000,000....
The effect of the appropriations language is that $497 million of the total appropriated is to be
distributed using the “new” LIHEAP formula, with the remainder, about $2.9 billion, using the
“old” formula.
Funding Under the FY2012 Continuing Resolutions
As of the date of this report, H.R. 2055 was awaiting the President’s signature, and LIHEAP was
being funded as part of a series of continuing resolutions (CRs) that maintained funding at
FY2011 levels through December 23, 2011 (P.L. 112-68).5 However, states did not receive the
same amount of LIHEAP funding that they received in FY2011 due to a standard provision in
continuing resolutions that states the following:
For those programs that would otherwise have high initial rates of operation or complete
distribution of appropriations at the beginning of fiscal year 2012 because of distributions of
funding to States, foreign countries, grantees, or others, such high initial rates of operation or
complete distribution shall not be made, and no grants shall be awarded for such programs
funded by this Act that would impinge on final funding prerogatives.56
(...continued)
well as predictions for the next year, are available from the Energy Information Administration. See the Short Term
Energy Outlook, http://www.eia.doe.gov/EMEU/steo/realprices/index.cfm.
4
The $300,000 set-aside is authorized at 42 U.S.C. §8628a.
5
Prior to enactment of P.L. 112-68, LIHEAP had been funded by four other continuing resolutions, P.L. 112-33
(through October 4, 2011), P.L. 112-36 (through November 18, 2011), P.L. 112-55 (through December 16, 2011), and
P.L. 112-67 (through December 17, 2011).
6
See Section 109 of P.L. 112-36.
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The provision is meant to ensure that funds for a program that are released under a CR do not
exceed the amount that Congress ultimately appropriates for it. Typically, states are eligible to
receive their entire LIHEAP formula allocations in the first quarter of the fiscal year if they so
choose, qualifying as a program “that would otherwise have high initial rates of operation or
complete distribution of appropriations” at the beginning of FY2012 as stipulated in the CR.
BothBecause both the Senate Appropriations Committee-passed bill (S. 1599) and the bill introduced
in the
House propose(H.R. 3070) proposed lower LIHEAP funding levels for FY2012 compared to
FY2011 ($3.40 billion and
$3.39 billion, respectively). If HHS were to release, if HHS would have released regular fund
allocations at the FY2011 level
of $4.50 billion, and one of the proposed appropriations levels ultimately was enacted, then states
would receiveless funding ultimately was enacted (as
occurred in FY2012), then states would have received higher allocations than the amount to
which they would be entitled under the final
appropriation, impinging on “final funding
prerogatives.” Further, although the proposed regular
fund levels in the Senate and the House are
were nearly identical to each other, the allocations to the
4
Prior to enactment of P.L. 112-55, LIHEAP had been funded by two other continuing resolutions, P.L. 112-33
(through October 4, 2011) and P.L. 112-36 (through November 18, 2011).
5
See Section 109 of P.L. 112-36.
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states under each proposal would behave
been different, which could also impingehave impinged on final funding
prerogatives.
OnAs a result, on October 28, 2011, HHS announced that it would base the first-quarter distribution
of LIHEAP
funds on the President’s funding proposal of $1.98 billion. States were eligible to
receive up to
95% of their first quarter allocation at this level, resulting in a distribution of
approximately $1.7
billion. 7 However, after both the House and Senate had approved the
conference report accompanying H.R. 2055, on December 22, 2011, HHS announced a second
release of $845 million to states, tribes, and territories.8 This amount brought grantees’ allocations
to 75% of the total that they are to receive pursuant to the FY2012 Consolidated Appropriations
Act.
For the amounts distributed to the states, tribes, and territories thus far, see Table A-1.
FY2011 LIHEAP Funding
In FY2011, LIHEAP was funded by a series of seven continuing resolutions (CRs) through April
14, 2011, prior to enactment of the full-year funding bill. On April 15, 2011, the President signed
the full-year appropriations law, the Department of Defense and Full-Year Continuing
Appropriations Act (P.L. 112-10), which provided a total of $4.71 billion for LIHEAP. Of this
amount, $4.51 billion was allocated to regular funds and $200 million to emergency contingency
funds. The appropriation for LIHEAP was also subject to an across-the-board rescission of 0.2%
applied to all discretionary accounts, bringing the total for the program to about $4.70 billion. In
distributing the regular funds to states, tribes, and territories, HHS did not reserve funds for
leveraging incentive and REACH grants (which had been $27 million in FY2010). As a result,
after reducing the total regular funds for the across-the-board rescission ($9 million) and
subtracting funds for training and technical assistance ($300,000), approximately $4.50 billion
was distributed to states, tribes, and territories. In addition, $200 million in emergency
7
U.S. Department of Health and Human Services, “HHS provides more than $1.7 billion to states to help low-income
households with energy costs,” press release, October 28, 2011, http://www.hhs.gov/news/press/2011pres/10/
20111028a.html.
8
U.S. Department of Health and Human Services, “HHS releases more than $845 million to states to help low-income
households with energy costs,” press release, December 22, 2011, http://www.hhs.gov/news/press/2011pres/12/
20111222a.html.
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contingency funds was distributed to all grantees in January. For the total amounts of LIHEAP
funds distributed to grantees, see Table A-2.
FY2011 Emergency Contingency Funds
On January 24, 2011, HHS announced that it would release $200 million in FY2011 emergency
contingency funds. All states, the District of Columbia, tribes, and territories received funding.
HHS based allocations on each state’s “old” LIHEAP formula percentage (84% of the
distribution) as well as the percentage of low-income households in each state that use heating oil
or propane to heat their homes (16% of the distribution). For the distributions of funds to the
states, see column (b) of Table A-2.
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Table 1. FY2010 and FY2011 Enacted LIHEAP Funding and
FY2012 Proposed Funding
(dollars in millions)
Type of Funding
FY2010
Enacted:
P.L. 111-117
LIHEAP Regular Funds
Funding
FY2011
Enacted:
P.L. 112-10a
FY2012
President’s
Request
FY2012
Senate
Committee
-Passed
LHE CommitteePassed LHE
Bill
S. 1599
FY2012
LHE Bill
Introduced
in the
in
the House
H.R. 3070
4,510FY2012
Consolidated
Appropriations
Act
H.R. 2055 and
H.Rept. 112-331b
LIHEAP Regular
Funds
4,501
1,980
3,401
3,392
3,472
Training and
Technical
Assistance
0.3b
0.3b3c
3
3
2
Leveraging 3
Leveraging
Incentive/
REACH
Grants
27c
—d
27e
27f
—g
590—g
200
590
200
0
5,1000
4,701
2,570
3,601
3,392
Contingency 3,472
Contingency
Funds
Total
Sources: The FY2010 Consolidated Appropriations Act (P.L. 111-117), the FY2011 Department of Defense and
Full-Year Continuing Appropriations Act (P.L. 112-10), the HHS FY2011 Operating Plan for the Administration
for Children and Families, the FY2012 budget appendix, the FY2012 HHS Congressional Budget Justifications, the
Senate Committee-passed version of the FY2012 Departments of Labor, Health and Human Services, and
Education (LHE) Appropriations bill (S. 1599), and the version of the LHE bill introduced in the House (H.R.
3070 3070),
and the Conference Report to accompany the FY2012 Consolidated Appropriations Act (H.Rept. 112-331).
a.
P.L. 112-10 imposed an across-the-board rescission of 0.2% on discretionary accounts. HHS reduced the
regular fund distribution by the amount of the rescission (approximately $9 million) to bring the total from
$4.51 billion to $4.50 billion.
b.
H.Rept. 112-331 imposed an across-the-board rescission of 0.189% on discretionary accounts, bringing the
total available for LIHEAP down from $3.478 billion to $3.472 billion. See Division F, Title V, Section 527.
c.
The LIHEAP statute gives the HHS Secretary authority to set aside up to $300,000 from the regular fund
appropriation for training and technical assistance. 42 U.S.C. § 8628a.
c.
P.L. 111-117 specified that not more than $27 million be used for leveraging incentive and REACH grants in
FY2010.
8628a.
d.
HHS did not reserve funds for leveraging incentive and REACH grants in FY2011.
e.
The amount proposed to be set aside for leveraging incentive and REACH grants in FY2012 was noted in
the HHS Congressional Budget Justifications and did not appear in the budget appendix.
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f.
The amount proposed for leveraging incentive and REACH grants appearsappeared in the Senate Appropriations
Committee Report, S.Rept. 112-84.
g.
H.R. 3070 doesand H.Rept. 112-331 did not specify a funding level for leveraging incentive and REACH grants.
Program Rules and Benefits
Federal LIHEAP requirements are minimal and leave most important program decisions to the
states, the District of Columbia, the territories, and Indian tribes and tribal organizations
(collectively referred to as grantees) that receive federal funds. The federal government (HHS)
may not dictate how grantees implement “assurances” that they will comply with general federal
guidelines.
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Federal Eligibility Standards and Grantee Responsibility
Federal law limits LIHEAP eligibility to households with incomes up to 150% of the federal
poverty income guidelines (or, if greater, 60% of the state median income). States may adopt
lower income limits, but no household with income below 110% of the poverty guidelines may be
considered ineligible. States may separately choose to make eligible for LIHEAP assistance any
household of which at least one member is a recipient of Temporary Assistance for Needy
Families (TANF), Supplemental Security Income (SSI), Food Stamps, or certain needs-tested
veterans’ programs. LIHEAP assistance does not reduce eligibility or benefits under other aid
programs.
Within these limits, grantees decide which, if any, assistance categories to include, what income
limits to use, and whether to impose other eligibility tests. The statute gives priority for aid to
households with the greatest energy needs or cost burdens, especially those that include disabled
individuals, frail older individuals, or young children. Federal standards require grantees to treat
owners and renters “equitably,” to adjust benefits for household income and home energy costs,
and to have a system of “crisis intervention” assistance for those in immediate need. The LIHEAP
definition of “energy crisis” leaves room for each state to define the term slightly differently,
although generally, crisis assistance is provided to households that are in danger of losing their
heating or cooling due to problems with equipment, receipt of a utility shutoff notice, or
exhaustion of a fuel supply.69 Federal rules also require outreach activities, coordination with the
Department of Energy’s Weatherization Assistance Program, annual audits and appropriate fiscal
controls, and fair hearings for those aggrieved. Grantees decide the mix and dollar range of
benefits, choose how benefits are provided, and decide what agencies will administer the
program.710
9
The LIHEAP statute defines an energy crisis as “weather-related and supply shortage emergencies and other
household energy-related emergencies.” 42 U.S.C. §8622(3). For the state definitions of “crisis” see the HHS LIHEAP
Networker FY2007 compilation of definitions, available at http://www.liheap.ncat.org/tables/FY2007/
CrisisDef2007.doc.
10
Information regarding state LIHEAP program characteristics and contacts is available at http://www.liheap.ncat.org/
sp.htm.
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Kinds of Energy Assistance Available
Funds are available for four types of energy assistance to eligible households:
•
help paying heating or cooling bills;
•
low-cost weatherization projects (e.g., window replacement or other homeenergy related repair; limited to 15% of allotment unless a grantee has a waiver
for up to 25%);
•
services to reduce need for energy assistance (e.g., needs assessment, counseling
on how to reduce energy consumption; limited to 5% of allotment); and
•
help with energy-related emergencies (winter or summer crisis aid).
6
The LIHEAP statute defines an energy crisis as “weather-related and supply shortage emergencies and other
household energy-related emergencies.” 42 U.S.C. § 8622(3). For the state definitions of “crisis” see the HHS LIHEAP
Networker FY2007 compilation of definitions, available at http://www.liheap.ncat.org/tables/FY2007/
CrisisDef2007.doc.
7
Information regarding state LIHEAP program characteristics and contacts is available at http://www.liheap.ncat.org/
sp.htm.
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Use of Funds
The greatest share of LIHEAP funding is used to offset home heating costs. In FY2008,
approximately 53.3% of all LIHEAP funds was used to provide heating assistance; all states
(including the District of Columbia) provided some heating assistance.811 Nearly all states also
offered crisis assistance, most of which is used for heating needs. In FY2008, 19.0% of LIHEAP
funds was used to provide winter/year-round crisis assistance in 48 states and summer crisis
assistance in six states.912 Also in FY2008, 3.1% of funds went for cooling aid (offered by 15
states); 10.1% of total LIHEAP funds was used for weatherization services (provided by 44
states); 8.4% of available funds went for administration and planning purposes (51 states),; and
1.2% of the FY2008 funds was used to offer services to reduce the need for energy assistance
(provided by 23 states).1013
Households Served
In FY2009, it is estimated that 7.4 million households received LIHEAP heating and/or winter
crisis assistance.1114 This estimate attempts to remove duplication among households that received
both heating and winter crisis assistance. The number of households receiving heating and/or
winter crisis assistance in FY2009 increased by 2 million compared to FY2008, when an
estimated 5.4 million households were served. This was due to an increase in LIHEAP funding
that occurred in FY2009, with Congress appropriating $5.10 billion, compared to $2.59 billion in
FY2008. This represents the largest number of households served since the program was enacted.
Shortly after LIHEAP began, in FY1983, approximately 6.8 million households received heating
and/or winter crisis assistance. Since that time, the number of households receiving assistance
declined generally until FY2000, reaching a low of 3.6 million recipients in FY1999. After
FY2000, the number of recipient households began increasing again to the current level. (See
Table 2.)
11
Based on state-reported total LIHEAP obligations for FY2008 of $2.7 billion. U.S. Department of Health and Human
Services, Administration for Children and Families, Low Income Home Energy Assistance Program Report to
Congress for Fiscal Year 2008, September 6, 2011, p. 16 (hereinafter, FY2008 LIHEAP Report to Congress).
12
Ibid., Table I-8, pp. 17-19 and Table III-11, pp. 45-46.
13
Ibid., p. 16.
14
U.S. Department of Health and Human Services, Administration for Children and Families, LIHEAP Home Energy
Notebook for Fiscal Year 2009, September 2011, p. 30 (hereinafter, FY2009 LIHEAP Home Energy Notebook).
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
The same trend can be seen in the percentage of federally eligible households that receive heating
and/or winter crisis assistance. In FY1983, the 6.8 million households that received funds
represented 31% of federally eligible households. By FY1999, the number of federally eligible
households receiving LIHEAP heating and/or winter crisis assistance had dropped to 12%. Since
FY2003, the percentage of federally eligible households receiving assistance hovered between
14% and 16%, settling at 16% for FY2006 through FY2008. However, in FY2009, with increased
funding for LIHEAP, 21% of those households statutorily eligible for LIHEAP were served. Note
that due to a provision in the FY2009 appropriations billact (P.L. 110-329) that allowed states to
increase household eligibility to 75% of state median income, only 16% of those federally
eligible were served in FY2009.12
8
Based on state-reported total LIHEAP obligations for FY2008 of $2.7 billion. U.S. Department of Health and Human
Services, Administration for Children and Families, Low Income Home Energy Assistance Program Report to
Congress for Fiscal Year 2008, September 6, 2011, p. 16 (hereinafter, FY2008 LIHEAP Report to Congress).
9
Ibid., Table I-8, pp. 17-19 and Table III-11, pp. 45-46.
10
Ibid., p. 16.
11
U.S. Department of Health and Human Services, Administration for Children and Families, LIHEAP Home Energy
Notebook for Fiscal Year 2009, September 2011, p. 30 (hereinafter, FY2009 LIHEAP Home Energy Notebook).
12
Ibid.
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
15
Prior to FY2009, the number of households receiving cooling and/or summer crisis assistance
reached a high point of 700,000 recipients in FY2006. In FY2009, with increased funding,
900,000 households received cooling assistance.1316
HHS estimates that of all households receiving LIHEAP heating assistance in FY2008, about
32% had at least one member 60 years of age or older; about 32% had at least one member with a
disability; and some 21% included at least one child five years of age or younger.1417
Benefit Levels
Apart from federal funding levels, a variety of factors help determine to what extent LIHEAP is
able to meet its stated goal of assisting low-income households in meeting their home energy
needs. These include the following:
•
the cost of energy for a given household (influenced by energy price fluctuations
and variation in kinds of fuels used);
•
the amount of energy consumed (influenced by severity of the weather, energy
efficiency of housing, and expected standards of comfort); and
•
the number of eligible households (influenced by population size and health of
the economy).
In FY2009, the constant dollar value of the average LIHEAP heating and winter crisis benefit
increased by about $58 from the previous year. Measured in constant 1981 dollars (the year in
which LIHEAP was enacted), the average LIHEAP benefit per household in FY2008 was $209,
up from $151 in FY2008.1518 Until FY2009, when funding for the program increased by more than
$2 billion compared to the previous fiscal year, the general trend in the constant dollar value of
LIHEAP benefits since the program’s beginning had been one of decline. In FY1983, the average
heating and winter crisis benefit, measured in constant 1981 dollars, was $209. By FY1998, it had
declined to $117, and although the average benefit reached $187 in FY2001, it generally declined
again thereafter, with the exception of $171 in FY2006, when funding was higher than in the
immediately preceding and subsequent years. (See Table 2.)
15
Ibid.
See the FY2009 LIHEAP Home Energy Notebook, p. 31, and the FY2006 LIHEAP Home Energy Notebook, p. 30.
17
FY2008 LIHEAP Report to Congress, p. 49.
18
FY2009 LIHEAP Home Energy Notebook, p. 33.
16
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Through FY2008 (prior to the FY2009 increase in funding), LIHEAP has generally covered a
smaller portion of home heating bills than in earlier years. In FY2008, the LIHEAP benefit
covered 43% of the heating costs of LIHEAP-recipient households, compared to 54% in 1981.1619
Between FY1990 and FY2008, the percentage of home heating bills covered by the average
LIHEAP benefit has ranged from 40% to 73% (a high reached in FY2000).
The constant dollar value of the cooling and summer crisis benefit, which is available to a more
limited number of households in far fewer states, has fluctuated over the years. While the average
benefit in 1981 was $129, in the years that followed the average benefit in constant 1981 dollars
declined as low as $57 in FY1983 and $49 in FY1990. However, the average benefit grew from
FY1990 levels, and by FY2000 and FY2001 the average benefit had reached $107. In recent
13
See the FY2009 LIHEAP Home Energy Notebook, p. 31, and the FY2006 LIHEAP Home Energy Notebook, p. 30.
FY2008 LIHEAP Report to Congress, p. 49.
15
FY2009 LIHEAP Home Energy Notebook, p. 33.
16
FY2008 LIHEAP Report to Congress, p. 38.
14
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
years, between FY2004 and FY2008, the constant dollar value has ranged from $72 (in FY2008)
to $105 (in FY2006). In FY2009, when funding for LIHEAP increased significantly, the constant
dollar value of cooling benefits rose to $142.17
17
20
19
20
FY2008 LIHEAP Report to Congress, p. 38.
FY2009 LIHEAP Home Energy Notebook, p. 33.
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Table 2. LIHEAP Heating/Winter Crisis Aid for Select Years
Fiscal Years
1983
1990
1993
1998
1999
2000
2001
2002
2003
2004 2005
2006
2007
6.8
5.8
5.6
3.9
3.6
3.9
4.8
4.4
4.8
5.0
Number
federally
eligible
(millions)
22.2
25.4
28.4
29.1
29.0
29.4
30.4
32.7
34.5
Federally
eligible and
receiving aid
31%
23%
20%
13%
12%
13%
16%
13%
Average
benefit
(nominal $)
$225
$209
$201
$213
$237
$270
$364
Average
benefit
(constant
1981 $)b
$209
$147
$129
$117
$128
$140
2008 2009
5.3
5.5
5.3
5.4
7.4
35.4
34.8
34.4
33.6
33.5
35.0a
14%
14%
15%
16%
16%
16%
21%
$291
$312
$277
$304
$385
$320
$362
$502
$187
$147
$154
$132
$140
$171
$139
$151
$209
Households
Number
receiving aid
(millions)
Benefit Levels
LIHEAP Coverage
LIHEAP
household
heating
expenditures
as a
percentage of
income
7.0%
5.2%
7.1%
5.2%
5.2%
5.2%
7.4%
6.2%
8.6%
8.4%
9.4% 11.2%
6.5%
7.1%
6.9%
Percentage of
heating costs
offset by
LIHEAP
benefit
54%
51%
49%
—c
—c
73%
68%
64%
48%
43%
40%
45%
43%
—d
42%
Source: Data regarding households assisted, benefit levels, and heating expenditures as a percentage of income
for FY2000 to the present are drawn from the LIHEAP Home Energy Notebooks for FY1998 through FY2009.
Data for FY1983, FY1990, and FY1993 come from the LIHEAP Reports to Congress.
a.
In FY2009, the appropriations bill (P.L. 110-329) gave states the option of increasing LIHEAP household
eligibility to 75% of state median income. This meant that approximately 45 million households were eligible
for LIHEAP in FY2009. However, for the sake of comparison, this table includes only those households
federally eligible under the LIHEAP statute (those with incomes at or below the greater of 150% of poverty
or 60% of state median income).
b.
The constant dollars are based on the 1981 value of the benefit (using the CPI-U index).
c.
CRS does not have data for heating costs offset in FY1998 and FY1999.
d.
As of the date of this report, HHS had not released the FY2009 LIHEAP Report to Congress, the source
for heating costs offset by the LIHEAP benefit.
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Funds and Their Distribution
The LIHEAP statute authorizes regular funds appropriations, which are allocated to all states on
the basis of a statutory formula, and contingency fund appropriations, which are allocated to one
or more states at the discretion of the Administration. The statute also authorizes a smaller
amount of funds for incentive grants to states that leverage non-federal resources for their energy
assistance programs.
Regular Funds
Regular funds are distributed to states according to a three-tier formula in the LIHEAP statute and
based on the level of funds appropriated in a given fiscal year.1821 The three-tier formula is the
result of changes to the LIHEAP statute in 1984 through the Human Services Reauthorization Act
(P.L. 98-558). Prior to the changes in P.L. 98-558, LIHEAP allotments to the states were based
largely on home heating needs with minimal consideration of cooling costs, and did not provide
for the use of updated data, including population and energy costs.
The new distribution formula provides that in determining state allotments the Department of
Health and Human Services shall use “the most recent satisfactory data available” and consider
home energy costs of low-income households (not simply all households, as was previously the
case). These changes to the calculation of state allotments mean that some states will receive a
smaller percentage share of regular funds, while some will receive a larger share. In order to
offset the losses to certain states resulting from the formula change, and “prevent severe
disruption to programs,”1922 Congress implemented two “hold harmless” provisions in P.L. 98-558
to prevent states from losing too much funding. This resulted in the three-tier current law
formula, which is described in more detail below.
Tier I
The Tier I formula is used to allocate funds when the total LIHEAP regular fund appropriation is
less than $1.975 billion. Neither hold harmless provision applies at the Tier I level, and HHS
allocates funds according to the allotment percentages used under the pre-1984 formula. The old
formula is used because the amount of appropriated funds required to trigger the new formula is
$1.975 billion. The LIHEAP statute stipulates that for FY1986 and succeeding years, no state
shall receive less money than it would have received in FY1984 had the LIHEAP funding in that
year been $1.975 billion.2023 According to HHS, then, the LIHEAP statute requires use of the old
allotment percentages when funding is less than $1.975 billion.2124 Until FY2006, funding levels
18for LIHEAP only twice exceeded the $1.975 billion level, in FY1985 and FY1986. Thus, from
21
States are defined to include the District of Columbia. Indian tribes receive funds out of state allotments that are
proportionate to their share of LIHEAP-eligible households in the state. Before state allotments are made, the statute
provides that at least one-tenth (but not more than one-half) of 1% of the total appropriation must be set aside for
energy assistance in American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
1922
Report of the Committee on Energy and Commerce (H.Rept. 98-139, Part 2), to accompany H.R. 2439, May 15,
1984, p. 13.
2023
42 U.S.C. § 8623(a)(2)(A).
2124
U.S. Department of Health and Human Services, Low Income Home Energy Assistance Program: Report to
Congress for FY1987, p. 133. The statutory provision that provides for use of the old formula is 42 U.S.C. §
8623(a)(3).
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
for LIHEAP only twice exceeded the $1.975 billion level, in FY1985 and FY1986. Thus, from
FY1987 through FY2005, states continued to receive the same allotment percentages they
received under the previous LIHEAP formula.
Tier II
For appropriations above $1.975 billion and up to $2.25 billion, the Tier II rate applies, and HHS
uses the formula enacted in 1984 to calculate state allotments. Under the Tier II formula, a hold
harmless level applies, and no state may receive less funding than it would have received under
the Tier I distribution rate as it was in effect for FY1984, assuming a $1.975 billion
appropriation.2225 State allotment percentages may be different, however. To ensure that states
receive their hold harmless levels of funding, those states that gain the most funding under the
new formula must have their percentage share of funds ratably reduced to bring other states up to
the hold harmless level.2326
Tier III
The Tier III formula applies to funding levels at or above $2.25 billion. The Tier III rate uses the
Tier II methodology to distribute funds, but adds a second hold-harmless requirement, a hold
harmless rate. States that would receive less than 1% of a $2.25 billion appropriation must have
their funds allocated using the rate that would have been used at a hypothetical $2.14 billion
appropriation (if this rate is greater than the calculated rate at $2.25 billion). In both the Tier II
and Tier III rates, a state will not be allocated less funds than the state received under the Tier I
distribution as it was in effect in FY1984 (had the appropriation level been $1.975 billion).
Contingency Funds
The statute currently provides an annual authorization of $600 million for LIHEAP contingency
funds (contingency funds are authorized indefinitely).2427 Appropriated contingency funds may
only be released at the discretion of HHS and may be allocated to one or more states according to
their needs. The statute authorizes the appropriation of contingency funds “to meet the additional
home energy assistance needs of one or more states arising from a natural disaster or other
emergency.” The term “emergency” is defined in the LIHEAP statute to include a natural disaster;
a significant home energy supply shortage or disruption; significant increases in the cost of home
energy, home energy disconnections, participation in public benefit programs, or unemployment;
or an “event meeting such criteria as the [HHS] Secretary may determine to be appropriate.”
2225
Since this language was enacted, Congress further provided that HHS could use regular LIHEAP funds
appropriations for Training and Technical Assistance (P.L. 99-425). It also authorized Leveraging Incentive Grants
(P.L. 101-501) and the REACH option (P.L. 103-252)—both of which it generally funds out of regular LIHEAP funds.
These debits on the regular funds account were not in place for FY1984. Because they affect the level of regular funds
available for state grant allotments by a little more than $25 million, it is possible but not certain that HHS would not
implement the newer formula before a regular funds appropriation level of approximately $2.0028 billion.
2326
42 U.S.C. § 8623(a)(3).
2427
42 U.S.C. § 8621(e).
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Leveraging Incentive and REACH Funds
In 1990, P.L. 101-501 amended the program statute to provide a separate funding authorization of
$50 million ($30 million if regular funds appropriated are under $1.4 billion) for incentive grants
to states that leverage non-federal resources for their LIHEAP programs.2528 Such resources might
include negotiated lower energy rates for low-income households or separate state funds. States
are awarded incentive funds in a given fiscal year on the basis of a formula that takes into account
their previous fiscal year success in securing non-federal resources for their energy assistance
program. In 1994 (P.L. 103-252) the statute was further amended to provide that of any incentive
funds appropriated, up to 25% may be set aside for the Residential Energy Assistance Challenge
Option (REACH). Under the REACH option states may be awarded competitive grants for their
efforts to increase efficiency of energy usage among low-income families and to reduce those
families’ vulnerability to homelessness and other health and safety risks due to high energy costs.
The funding authorization for Leveraging Incentive and REACH grants is separate from regular
funds, and the programs were not reauthorized in P.L. 109-58. In practice, however, Congress has
funded these initiatives at $22 million to $30 million with dollars set-aside out of annual regular
fund appropriations.
Other Funds
States are allowed to carry over unused funds from a previous fiscal year (limited to 10% of funds
awarded a state). A diminishing amount of money may also be available from previously settled
claims of price control violation by oil companies.2629 In addition, the Social Services Block Grant
program allows states to transfer up to 10% of funds to provide low-income home energy
assistance,2730 while the Temporary Assistance for Needy Families program gives states the
discretion to use funds for home heating and cooling costs.2831
Legislative History
Since it was created by the Low Income Home Energy Assistance Act of 1981 (Title XXVI of
P.L. 97-35), the LIHEAP program has been reauthorized or amended seven times. The legislation
and some of the significant changes made are briefly discussed in the following paragraphs.
In 1984, P.L. 98-558, established a new formula by which regular LIHEAP funds are to be
distributed in every year (after FY1985) in which regular appropriations exceed $1.975 billion.
This level of funding was exceeded in FY1986 and again in FY2006.
In 1986, P.L. 99-425 extended the program with few changes. In 1990, P.L. 101-501 created the
Incentive Program for Leveraging Non-Federal Resources and authorized a July to June program
year (or forward funding) for LIHEAP to allow state program directors to plan for the fall/winter
heating season with knowledge of available money. This program year language was
2528
42 U.S.C. § 8621(d).
FY2004 LIHEAP Report to Congress, p. 11. For FY2004, $2 million in oil overcharge funds was available to one
state.
2730
42 U.S.C. § 1397a(d).
2831
42 U.S.C. § 604(a)(1).
2629
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
subsequently removed, although the statute now states that money appropriated in a given fiscal
year is to be made available for obligation in the following fiscal year. Congress last provided
advance appropriations for LIHEAP in the FY2000 appropriations cycle.
In 1993, P.L. 103-43 extended the authorization of LIHEAP for one year but made no other
changes. In 1994 (P.L. 103-252) Congress stipulated that LIHEAP benefits and outreach activities
target households with the greatest home energy needs (and costs), and it enacted a separate and
permanent contingency funding authorization of $600 million for each fiscal year. The 1994 law
also established the competitive REACH grant option. In 1998, P.L. 105-285 authorized annual
regular funding for each of FY2002-FY2004 at $2 billion and made explicit a wide variety of
situations under which HHS is authorized to release LIHEAP contingency funds.
In 2005, the Energy Policy Act (P.L. 109-58) reauthorized the program and raised the LIHEAP
regular funds authorization level for FY2005 through FY2007 to $5.1 billion. It also explicitly
permitted the purchase of renewable fuels as part of providing LIHEAP assistance; required the
Department of Energy to report on use of renewable fuels in provision of LIHEAP aid; and
required HHS to report (within one year of the legislation’s enactment) on ways that the program
could more effectively prevent loss of life due to extreme temperatures. The law also allowed the
Secretary of the Interior, when disposing of royalty-in-kind oil and gas taken as payment from
lessees using federal land, to grant a preference for the purpose of providing additional resources
to support federal low-income energy assistance programs. (Lessees of federal land may pay
royalties to the U.S. government in oil and natural gas rather than cash payments.) However, the
Government Accountability Office issued a decision determining that the law did not give the
Interior Department sufficient authority to grant such a preference.2932 Because of a provision in
existing law that the Interior Department cannot sell oil and gas obtained as in-kind royalties for
less than market price,3033 the provision in P.L. 109-58 does not allow a price preference.
2932
U.S. Government Accountability Office, Department of Interior—Royalty-in-Kind Oil and Gas Preferences, B307767, November 13, 2006, available at http://www.gao.gov/decisions/appro/307767.pdf.
3033
42 U.S.C. § 15902(b)(3)(A).
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Appendix. Tables Showing LIHEAP Funding Levels
In this appendix are three tables that show how LIHEAP funds have been distributed to the states,
tribes, and territories during recent fiscal years, as well as a table showing historical funding
levels from the time the program was created to the present.
Table A-1 shows two first-quarter regular fund distributions to states, tribes, and territories under the
FY2012 continuing resolutions. The first number shows the total amount of regular funds
distributed to each state and the tribes within the state, while the second number, in parenthesis
and italics, breaks out the amount set aside for tribes within each state. Tribes may operate their
own LIHEAP programs if they wish. Their allotments are taken from the state’s award of
LIHEAP regular and contingency funds based on the number of LIHEAP-eligible households in
the tribe. Not all states have funds set aside for tribes. Allocations for the territories are in the
next-to-last row, after the states.
Table A-2 shows how LIHEAP regular funds and emergency contingency funds were distributed
in FY2011.
•
Column (a) of Table A-2 shows the amount of regular funds distributed to states
and tribes within the states
the FY2012 continuing resolutions. Allocations for the territories are in the next-to-last row, after
the states. On October 28, 2011, HHS announced that approximately $1.7 billion would be
distributed to the states, tribes, and territories based on the President’s regular fund budget request
of $1.98 billion. Column (a) of Table A-1 shows this distribution. Then, on December 22, 2011,
HHS announced that it would distribute an additional $845 million to grantees (see column (b)).
The second round of allocations brings grantee funding levels to 75% of their total allocation
under the FY2012 Consolidated Appropriations Act (H.R. 2055), which was awaiting the
President’s signature at the time the second release was announced.
Table A-2 shows how LIHEAP regular funds and emergency contingency funds were distributed
in FY2011.
•
Column (a) of Table A-2 shows the amount of regular funds distributed to states
and tribes within the states. The first number shows the total amount of regular
funds distributed to each state and the tribes within the state, while the second
number, in parenthesis and italics, breaks out the amount set aside for tribes
within each state. Tribes may operate their own LIHEAP programs if they wish.
Their allotments are taken from the state’s award of LIHEAP regular and
contingency funds based on the number of LIHEAP-eligible households in the
tribe. Not all states have funds set aside for tribes.
•
Column (b) shows the amount of emergency contingency funds allocated to each
state and tribe on January 24, 2011, when HHS announced the release of $200
million.
•
Column (c) shows total FY2011 funding to the states.
•
Finally, allocations to the territories are in the next-to-last row, after the states.
Table A-3 shows the total amount of LIHEAP regular and contingency funds distributed to each
state from FY2006 through FY2010; the totals include funds distributed to tribes within the
states.
Table A-4 provides historic funding levels for LIHEAP from the time the program was initially
funded, in FY1982, through FY2011. The table shows authorization levels for LIHEAP regular
funds, Administration budget requests for both regular and contingency funds, the total amount of
regular and contingency funds appropriated in each fiscal year, and the total amount of
contingency funds distributed.
Congressional Research Service
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Table A-1. FY2012 LIHEAP Regular Fund Allotments to States,Tribes, and
Territories Under the Continuing Resolutions
(dollars in millions)
Regular Funds
State
Alabama
Total State & Tribal
Regular Fund Allotments:
$1.72 billion
(tribal set-aside, if any)
7.594
(0.110)
Alaska
10.156
(3.966)
Arizona
2.488
(0.628)
Arkansas
9.585
California
85.357
Colorado
29.761
Connecticut
36.781
Delaware
4.340
District of Columbia
6.030
(0.726)
Florida
23.851
Georgia
18.858
Hawaii
0.528
Idaho
7.539
Illinois
107.460
Indiana
48.655
Iowa
32.667
Kansas
15.836
Kentucky
23.987
Louisiana
15.410
Maine
23.877
Maryland
29.727
Massachusetts
77.662
(0.031)
Michigan
70.052
(0.782)
Minnesota
73.502
Mississippi
12.924
Missouri
42.924
Montana
12.434
Nebraska
15.258
Nevada
(0.563)
(0.006)
(0.919)
(0.026)
(2.380)
3.614
New Hampshire
14.700
New Jersey
72.097
Congressional Research Service
(0.006)
15
.
The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Regular Funds
State
New Mexico
Total State & Tribal
Regular Fund Allotments:
$1.72 billion
(tribal set-aside, if any)
9.633
(0.767)
235.408
(0.125)
North Carolina
35.083
(0.624)
North Dakota
14.792
(3.195)
Ohio
75.051
Oklahoma
13.927
(1.359)
Oregon
23.066
(0.539)
New York
Pennsylvania
113.138
Rhode Island
12.784
South Carolina
6.651
South Dakota
11.493
Tennessee
21.599
Texas
37.475
Utah
8.829
Vermont
11.018
Virginia
24.776
Washington
37.941
West Virginia
14.110
Wisconsin
66.162
Wyoming
5.537
Subtotal to states
Territories
Total
1,714.124
(0.036)
(2.136)
(0.256)
(1.547)
(0.173)
(20.901)
2.509
1,716.633as of December 22, 2012
(dollars in millions)
State and Tribal Regular Fund
Allotments
Distribution
Announced
12-22-11:
$845 million
(b)
Total Distributed:
$2.56 billion
(c)
7.594
27.961
35.556
Alaska
10.156
3.158
13.314
Arizona
2.488
15.401
17.889
Arkansas
9.585
11.818
21.403
California
85.357
30.577
115.933
Colorado
29.761
5.720
35.481
Connecticut
36.781
22.868
59.649
Delaware
4.340
3.814
8.154
District of Columbia
6.030
1.986
8.015
Florida
23.851
33.354
57.205
Georgia
18.858
27.419
46.277
Hawaii
0.528
4.053
4.580
Idaho
7.539
7.893
15.432
Illinois
107.460
31.803
139.263
Indiana
48.655
11.349
60.004
Iowa
32.667
8.442
41.110
Kansas
15.836
8.214
24.049
Kentucky
23.987
9.498
33.485
Louisiana
15.410
17.156
32.566
Maine
23.877
6.219
30.096
Maryland
29.727
22.615
52.343
Massachusetts
77.662
21.886
99.548
Michigan
70.052
60.035
130.087
Minnesota
73.502
14.127
87.629
Mississippi
12.924
10.768
23.693
Missouri
42.924
8.250
51.173
Montana
12.434
4.485
16.918
Nebraska
15.258
7.411
22.669
3.614
4.788
8.402
State
Alabama
Nevada
Congressional Research Service
Distribution
Announced
10-28-11:
$1.72 billion
(a)
15
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
State and Tribal Regular Fund
Allotments
State
Distribution
Announced
10-28-11:
$1.72 billion
(a)
Distribution
Announced
12-22-11:
$845 million
(b)
Total Distributed:
$2.56 billion
(c)
New Hampshire
14.700
4.841
19.541
New Jersey
72.097
30.462
102.559
New Mexico
9.633
3.185
12.818
235.408
46.375
281.782
North Carolina
35.083
27.175
62.258
North Dakota
14.792
4.872
19.663
Ohio
75.051
49.047
124.098
Oklahoma
13.927
12.498
26.425
Oregon
23.066
4.433
27.499
Pennsylvania
113.138
44.023
157.161
Rhode Island
12.784
4.647
17.431
South Carolina
6.651
20.552
27.202
South Dakota
11.493
4.477
15.970
Tennessee
21.599
19.955
41.554
Texas
37.475
59.899
97.374
Utah
8.829
4.555
13.384
Vermont
11.018
3.629
14.647
Virginia
24.776
24.116
48.892
Washington
37.941
7.413
45.354
West Virginia
14.110
8.164
22.275
Wisconsin
66.162
12.716
78.879
Wyoming
5.537
1.824
7.361
1,714.124
841.929
2,556.053
2.509
3.246
5.754
1,716.633
845.175
2,561.807
New York
Subtotal to states
Territories
Total
Source: Funding levels are from the U.S. Department of Health and Human Services (HHS), Administration for
Children and Families.
Note: The table does not include approximately $36,000 in recovered no-year funds that were released at the
same time as FY2012 first-quarter fundsas part
of the 10-28-11 distribution.
Congressional Research Service
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Table A-2. FY2011 LIHEAP Regular and Contingency Fund Allotments to States,
Tribes, and Territories
(dollars in millions)
State
Regular Funds
Emergency Contingency Funds
Total State & Tribal Regular
Fund Allotments:
$4.50 billion
(tribal set-aside, if any)
(a)
January 2011:
Total State & Tribal
Contingency Fund Allotments:
$200 million
(tribal set-aside, if any)
(b)
Total
Funds
Distributed:
$4.70 Billion
(c)
Alabama
59.419
(0.409)
2.151
(0.015)
61.570
Alaska
23.667
(9.340)
1.060
(0.414)
24.727
Arizona
32.922
(2.707)
0.923
(0.075)
33.844
Arkansas
34.985
California
202.843
Colorado
62.139
2.896
65.035
Connecticut
98.254
4.665
102.919
Delaware
15.172
0.682
15.854
District of
Columbia
14.051
0.590
14.641
1.416
(1.726)
(0.028)
8.711
(0.074)
107.714
Georgia
85.164
2.697
87.862
Hawaii
6.027
0.208
6.235
Idaho
27.052
Illinois
238.712
Indiana
102.749
1.147
(0.001)
211.554
Florida
(1.316)
3.069
36.401
(0.056)
10.228
(0.007)
4.834
110.783
28.199
248.941
a
107.584
Iowa
68.137
3.452
71.589
Kansas
42.327
1.597
43.924
Kentucky
58.335
2.776
61.111
Louisiana
53.164
1.731
54.895
Maine
53.539
Maryland
85.523
(2.074)
3.002
(0.110)
3.403
56.541
88.926
Massachusetts
175.178
(0.074)
8.676
(0.003)
183.854
Michigan
228.294
(1.186)
10.131
(0.058)
238.425
Minnesota
145.241
Mississippi
38.834
Missouri
95.596
Montana
31.730
Nebraska
39.738
1.708
41.447
Nevada
15.462
0.406
15.868
Congressional Research Service
7.318
(0.078)
1.801
152.559
(0.003)
4.597
(5.819)
1.342
40.635
100.193
(0.235)
33.072
17
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
State
Regular Funds
Emergency Contingency Funds
Total State & Tribal Regular
Fund Allotments:
$4.50 billion
(tribal set-aside, if any)
(a)
January 2011:
Total State & Tribal
Contingency Fund Allotments:
$200 million
(tribal set-aside, if any)
(b)
Total
Funds
Distributed:
$4.70 Billion
(c)
New
Hampshire
34.255
1.795
36.050
New Jersey
180.991
7.801
188.792
New Mexico
22.448
(1.875)
1.094
(0.087)
23.543
New York
495.801
(0.269)
26.125
(0.014)
521.925
North
Carolina
111.263
(1.979)
4.942
(0.088)
116.205
34.469
(7.895)
1.467
(0.317)
35.936
North Dakota
Ohio
225.398
9.477
234.875
Oklahoma
47.717
(4.378)
1.661
(0.152)
49.378
Oregon
45.579
(0.732)
2.282
(0.036)
47.861
Pennsylvania
280.478
Rhode Island
29.790
South Carolina
46.909
South Dakota
27.995
Tennessee
71.595
2.796
74.390
Texas
179.200
5.001
184.201
Utah
32.228
Vermont
25.675
1.284
26.959
102.839
4.375
107.215
Virginia
14.008
(0.089)
1.484
294.486
(0.004)
1.740
(5.117)
(0.521)
(3.197)
1.265
1.309
48.649
(0.225)
(0.022)
(0.151)
29.259
33.537
Washington
74.971
West Virginia
39.047
1.739
40.786
Wisconsin
130.738
6.652
137.390
Wyoming
12.904
(0.438)
3.717
31.274
78.688
0.540
(0.018)
13.444
199.772
(2.158)
4,694.030
Subtotal to
states
4,494.258
Territories
6.095
0.228
6.322
4,500.353
200.000
4,700.353
Total
(51.252)
Source: Funding levels are from the U.S. Department of Health and Human Services (HHS), Administration for
Children and Families.
a.
The tribal allotment for Indiana was less than $1,000.
Congressional Research Service
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Table A-3. LIHEAP Funding by State FY2006 to FY2010
(dollars in millions)
State
(includes tribal
allotments)
Total Funds Distributeda
(regular and contingency)
FY2006
FY2007
FY2008
FY2009
FY2010
Alabama
31.972
22.205
19.221
64.274
69.016
Alaska
18.473
12.454
16.856
30.928
28.182
Arizona
15.399
8.551
9.296
31.084
37.422
Arkansas
23.336
15.749
14.667
39.711
40.000
California
157.626
94.855
103.117
248.487
234.215
Colorado
44.842
33.073
41.326
71.352
70.675
Connecticut
71.106
48.102
65.618
125.887
107.845
Delaware
10.954
5.727
6.929
18.748
16.847
8.165
6.700
7.284
16.249
16.067
Florida
49.798
27.977
30.414
101.701
129.014
Georgia
40.026
28.564
24.047
80.410
102.091
Hawaii
2.567
2.228
2.403
5.182
6.589
Idaho
14.772
12.901
13.916
30.012
30.158
Illinois
193.814
119.418
149.216
265.679
265.542
Indiana
75.336
54.069
67.561
116.487
117.575
Iowa
52.054
38.319
47.881
76.929
74.524
Kansas
27.722
19.746
22.137
49.541
46.262
Kentucky
45.320
32.010
30.588
75.055
67.832
Louisiana
32.671
22.499
19.651
61.502
59.054
Maine
45.146
33.719
46.536
79.187
60.428
Maryland
61.889
33.036
35.913
109.164
90.005
Massachusetts
126.476
93.795
126.492
213.500
196.602
Michigan
154.671
113.377
141.667
249.416
276.447
Minnesota
110.849
81.681
102.063
163.982
160.089
Mississippi
27.467
17.871
16.479
42.622
46.650
Missouri
78.220
52.645
59.603
114.902
107.145
Montana
22.789
15.132
18.907
35.202
34.530
Nebraska
28.643
18.950
23.679
44.086
42.893
7.247
4.016
4.366
14.599
18.218
27.740
18.769
25.635
47.737
37.423
New Jersey
115.046
80.120
108.707
185.773
199.455
New Mexico
12.491
10.705
11.638
27.451
24.739
District of Columbia
Nevada
New Hampshire
Congressional Research Service
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
State
(includes tribal
allotments)
Total Funds Distributeda
(regular and contingency)
FY2006
New York
FY2007
FY2008
FY2009
FY2010
382.251
261.604
359.628
538.243
537.348
North Carolina
72.413
45.974
42.383
132.528
127.139
North Dakota
24.680
16.438
20.539
38.240
36.668
164.226
105.643
132.004
245.750
253.035
Oklahoma
29.543
19.282
17.668
52.878
53.190
Oregon
25.116
25.633
27.650
51.460
52.029
Pennsylvania
202.324
140.520
191.759
308.394
315.357
Rhode Island
23.131
15.471
20.875
38.653
34.444
South Carolina
25.279
17.636
15.266
51.047
56.232
South Dakota
20.117
13.350
16.681
31.058
29.989
Tennessee
47.139
33.568
30.985
80.512
84.899
Texas
84.005
46.545
50.599
169.196
212.807
Utah
23.285
15.369
19.204
35.755
35.003
Vermont
20.903
14.162
19.370
36.156
27.941
Virginia
75.053
40.241
43.746
127.668
109.927
Washington
41.226
42.163
45.481
84.645
83.989
West Virginia
24.543
18.621
20.157
45.019
43.363
Wisconsin
99.837
73.525
91.872
147.608
145.214
Wyoming
9.284
6.153
7.689
14.315
14.124
3,128.981
2,130.860
2,587.373
5,065.966
5,066.234
3.456
2.788
3.014
6.734
6.816
Leveraging/REACHc
27.225
27.225
—d
27.000
27.000
Training/tech. asst.e
0.297
0.297
0.292
0.300
0.300
Total
3,160
2,161
2,591
5,100
5,100.350
Ohio
Subtotal to states and
tribes
Territoriesb
Source: Compiled by the Congressional Research Service (CRS) using U.S. Department of Health and Human
Services (HHS) data.
a.
The totals shown in these columns include regular fund allocations to states and tribes, and any contingency
funds awarded to states and tribes in that year.
b.
The statute provides that HHS must set aside not less then one-tenth of 1% and not more than one-half of
1% for use in the territories (American Samoa, Guam, Puerto Rico, Northern Mariana Islands, and the U.S.
Virgin Islands).
c.
The statute provides a separate funding authorization for competitive grants under the leveraging incentive
program (designed to encourage states to increase non-federal support for energy assistance). It also
provides that up to 25% of any leveraging funds made available may be reserved for competitive REACH
grants (for state efforts to increase efficient use of energy among low-income households and to reduce
their vulnerability to homelessness and other problems due to high energy costs). Congress has in recent
years stipulated that a certain portion of the LIHEAP regular funds be set aside for leveraging grants and, of
this amount, HHS has reserved 25% for REACH grants.
Congressional Research Service
20
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
d.
The FY2008 Consolidated Appropriations Act (P.L. 110-161) did not specify funds for leveraging incentive
and REACH grants.
e.
The statute provides that HHS may reserve up to $300,000 for making grants or entering into contracts
with states, public agencies, or private nonprofits that provide training and technical assistance related to
achieving the purposes of the LIHEAP program.
Congressional Research Service
21
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Table A-4. LIHEAP Funding: FY1982 to FY2012
(dollars in thousands)
Regular Funds
Contingency Fundsa
Fiscal
Year
Authorized
President’s
Request
Appropriated
President’s
Request
Appropriated
Distributed
Total
Distributed
1982
1,875,000
1,400,000
1,875,000
—
—
—
1,875,000
1983
1,875,000
1,300,000
1,975,000
—
—
—
1,975,000
1984
1,875,000
1,300,000
2,075,000
—
—
—
2,075,000
1985
2,140,000
1,875,000
2,100,000
—
—
—
2,100,000
1986
2,275,000
2,097,765
2,100,000
—
—
—
2,100,000
1987
2,050,000
2,097,642
1,825,000
—
—
—
1,825,000
1988
2,132,000
1,237,000
1,531,840
—
—
—
1,531,840
1989
2,218,000
1,187,000
1,383,200
—
—
—
1,383,200
1990
2,307,000
1,100,000
1,443,000
—
—
—
1,443,000
1991
2,150,000
1,050,000
1,415,055
NAb
195,180
195,180
1,610,235
1992
2,230,000
925,000
1,500,000
100,000
300,000
0
1,500,000
1993
ssanc
1,065,000
1,346,030
0
595,200
0
1,346,030
1994
ssanc
1,507,408
1,437,402
0
600,000
300,000
1,737,402
1995
2,000,000
1,475,000
1,319,202
d
600,000
100,000
1,419,202
1996
2,000,000
1,319,204
900,000
e
180,000
180,000
1,080,000
1997
2,000,000
1,000,000
1,000,000
300,000
420,000
215,000
1,215,000
1998
2,000,000
1,000,000
1,000,000
300,000
300,000
160,000
1,160,000
1999
2,000,000
1,000,000
1,100,000
300,000
300,000
175,299
1,275,299
2000
ssanc
1,100,000
1,100,000
300,000
900,000
744,350f
1,844350f
2001
ssanc
1,100,000
1,400,000
300,000
600,000g
455,650h
1,855,650
2002
2,000,000
1,400,000
1,700,000
300,000
300,000
100,000i
1,800,000
300,000
0
200,000k
1,988,300
2003
2,000,000
1,400,000
1,788,300j
2004
2,000,000
1,700,000
1,789,380
300,000
99,410
99,410
1,888,790
5,100,000
1,900,500l,m
1,884,799
200,000
297,600
277,250
2,162,050
2006
5,100,000
1,800,000l
2,480,000
200,000
681,000
679,960
3,160,000
2007
5,100,000
1,782,000
1,980,000
0
181,000
181,000
2,161,000
2008
—n
1,500,000
1,980,000
282,000
590,328
610,678o
2,590,678
2009
—n
1,700,000
4,509,672
300,000
590,328
590,328
5,100,000
2010
—n
2,410,000p
4,509,672
790,000
590,328
590,678
5,100,350
2011q
—n
2,510,000r
4,500,653
790,000
200,000
200,000
4,700,653
2012
—n
1,980,000
—
590,000
—
—
—
2005
Source: Prepared by the Congressional Research Service (CRS) on the basis of HHS data.
Congressional Research Service
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
a.
In 1994, Congress enacted a permanent $600 million annual authorization for contingency funding. As
shown, however, before this authorization contingency funds were sometimes made available.
b.
Congress first allocated emergency contingency funds in January of 1991 due to the price of home heating
oil (P.L. 101-517). Funds were not requested in the President’s budget until FY1992.
c.
Such sums as necessary.
d.
The President’s FY1995 request would have made the unallocated contingency funds that were
appropriated in FY1994 (P.L. 103-112) available until expended.
e.
The President’s FY1996 request would have made the unallocated contingency funds that were
appropriated in FY1995 (P.L. 103-333) available until expended.
f.
The Administration released $400 million of the FY2000 contingency funds in late September 2000, making
them effectively available to states in FY2001.
g.
The initial contingency fund appropriation for FY2001was $300 million (P.L. 106-554). The Administration
released the entire amount by December 30, 2000. On July 24, 2001, the 2001 Supplemental
Appropriations Act (P.L. 107-20) provided an additional $300 million in contingency funds.
h.
The distributed contingency funds in FY2001 included the $300 million appropriated in P.L. 106-554 and the
amount remaining from FY2000 (approximately $156 million). The $300 million that was appropriated as
part of P.L. 107-20 was made available until expended; a portion was distributed in FY2003 and the
remainder was converted to regular funds that same year.
i.
The FY2002 contingency funds were distributed out of the total FY2002 contingency appropriation (P.L.
107-116). With the end of FY2002, the remainder of the contingency funds expired ($200 million).
j.
The FY2003 appropriations act (P.L. 108-7) included $1.688 billion in new regular funds and converted into
regular funds $100 million of remaining contingency funds originally appropriated in FY2001 (P.L. 107-20).
k.
FY2003 contingency funds were distributed out of contingency dollars appropriated as part of the FY2001
supplemental (P.L. 107-20).
l.
Of the amounts requested by the President in FY2005 and FY2006, $500,000 was to be set aside for a
national evaluation.
m.
In FY2005, the President’s initial budget request for LIHEAP regular funds was $1,800,000,500. However, on
November 14, 2004, the President submitted a budget amendment to Congress, requesting $1,900,000,500
for LIHEAP regular funds.
n.
LIHEAP was not authorized in FY2008, FY2009, or FY2010 and has not been authorized for FY2011 or
FY2012.
o.
Of the contingency funds distributed in FY2008, $20 million came from funds appropriated in the FY2005
Departments of Labor, Health and Human Services, and Education Appropriations Act (P.L. 108-447).
Contingency funds in P.L. 108-447 were made available until expended.
p.
In FY2010, the President proposed that a mechanism be created whereby additional LIHEAP funds would be
released when energy price increases reached certain levels; the proposal was not adopted by Congress.
The Administration estimated that this “trigger” would have resulted in mandatory budget authority of
$450 million. This estimate is not included in the table.
q.
P.L. 112-10 imposed an across-the-board rescission of 0.2% on discretionary accounts. As a result, the
regular fund allocation was reduced from approximately $4.51 billion to $4.50 billion.
r.
In FY2011, the President again proposed a trigger to release additional LIHEAP funds. In addition to
proposing that funds be released when energy prices increase, the FY2011 proposal would have released
funds when participation in SNAP (formerly known as Food Stamps) increased above a certain level. The
Administration estimated that this trigger would have resulted in mandatory budget authority of $2 billion.
This estimate is not included in the table.
Congressional Research Service
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The Low Income Home Energy Assistance Program (LIHEAP): Program and Funding
Author Contact Information
Libby Perl
Specialist in Housing Policy
eperl@crs.loc.gov, 7-7806
Congressional Research Service
24