Low Income Home Energy Assistance Program (LIHEAP) Carryout and Reallotment Report

Forms and Documents

Document Name	Status
Form 1 Low Income Home Energy Assistance Program (LIHEAP) Carryout and Reallotment Report Form	Modified
NonSub Change Memo - LIHEAP COR_FY2020.docx Justification for No Material/Nonsubstantive Change	2020-08-17
COMM_LIHEAP_ResponseToCarryover Report PRA Comment_04222019.docx Supplementary Document	2019-04-22
LIHEAP_COR_SupStmt_FY2020_Clean.docx Supporting Statement A	2020-08-17

IC Document Collections

IC ID	Document Title	Status
9841	Low Income Home Energy Assistance Program (LIHEAP) Carryout and Reallotment Report Form	Modified

ICR Details

OMB Control No: 0970-0106	ICR Reference No: 202008-0970-011
Status: Active	Previous ICR Reference No: 201811-0970-006
Agency/Subagency: HHS/ACF	Agency Tracking No: OCS
Title: Low Income Home Energy Assistance Program (LIHEAP) Carryout and Reallotment Report
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/21/2020
	Date Received in OIRA: 08/17/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2022	04/30/2022	04/30/2022
Responses	204	0	177
Time Burden (Hours)	1,428	0	531
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 42 USC 8626 Name of Law: Omnibus Ronconciliation Act of 1981
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 136 Title VIII Name of Law: Coronavirus Aid, Relief, and Economic Security Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 41076	08/17/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 53636	10/24/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Low Income Home Energy Assistance Program (LIHEAP) Carryout and Reallotment Report	1	Carryover Report Form

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	204	177	0	27	0	0
Annual Time Burden (Hours)	1,428	531	816	81	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $6,500

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/17/2020

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