Low Income Home Energy Assistance Program (LIHEAP) Performance Data Form

Forms and Documents

Document Name	Status
Form 1 State Grantees Module 1 - Energy Vendors Form	Removed
Form 1 Energy Vendors (largest 5 electric, 5 natural gas, 10 fuel oil, and 10 propane vendors per state - average) - Modules II and III Form	Modified
Form 1 Sub-Grantees (in states with sub-grantee managed systems) - Modules II and III Form	Modified
Form 1 State Grantees - Modules II and III Form	Modified
Form 1 State Grantees Module 1 Form	Modified
Attachment 1_Statutory Language_ADMIN_LIHEAP_LPDFRenewal.docx Supplementary Document	2021-12-13
ADMIN_LIHEAP_LPDFRenewalSSAFullCLEAN_FY2021_final.docx Supporting Statement A	2021-12-13

IC Document Collections

IC ID	Document Title	Status
244825	State Grantees Module 1 - Energy Vendors Form	Removed
230203	Energy Vendors (largest 5 electric, 5 natural gas, 10 fuel oil, and 10 propane vendors per state - average) - Modules II and III Form	Modified
230202	Sub-Grantees (in states with sub-grantee managed systems) - Modules II and III Form	Modified
230201	State Grantees - Modules II and III Form	Modified
230200	State Grantees Module 1 Form	Modified

ICR Details

OMB Control No: 0970-0449	ICR Reference No: 202112-0970-006
Status: Received in OIRA	Previous ICR Reference No: 202012-0970-004
Agency/Subagency: HHS/ACF	Agency Tracking No: OCS
Title: Low Income Home Energy Assistance Program (LIHEAP) Performance Data Form
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/16/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	1,732	0
Time Burden (Hours)	25,841	0
Cost Burden (Dollars)	0	0

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Abstract: Section 2610(a) of the Low Income Home Energy Assistance Act of 1981 (42 U.S.C. §8629(a) requires the collection of certain data for inclusion in the Secretary’s annual LIHEAP Report to Congress. This section also requires the Secretary's annual report to include data collected on how States carry out certain requirements, on the impact of each State's program on recipient and eligible households, and on other relevant data. Section 2610(b)(2) of the statute requires that HHS annually report to Congress on the impact LIHEAP is making on recipient and eligible households. TITLE VIII of DIVISION B of 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). Consequently, grantees may obligate any share of their LIHEAP allotment under the CARES Act in FFY 2020 and carry over the full remainder to FFY 2021. In addition, Sec. 2911 of TITLE II of the American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2) appropriated $4,500,000,000 for LIHEAP for FFY 2021. This law also lifted, for these funds only, the requirement of Section 2607(b). Consequently, grantees may obligate any share of their LIHEAP allotment under ARPA in FFY 2021 and carry over the full remainder to FFY 2022. These acts mean FFY 2021 LIHEAP funds fall under at least three funding streams--one with a 100% obligation requirement, 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 or ARPA separate from each other and separate from LIHEAP funds appropriated through other appropriations mechanisms. Based on the data collected from grantees, OCS will calculate the performance measures and report the results through the annual budget development process and in the annual LIHEAP Report to Congress. Once the data are published in the LIHEAP Report to Congress, grantees will be able to compare their own results to the results for other states, as well as to regional and national summaries through the LIHEAP Performance Measurement website. Two regular appropriations acts appropriated $3.7 billion of regular LIHEAP funds for FFY 2020. They retained the 10 percent carryover limit required by the LIHEAP statute. The CARES Act (Public Law 116-136) also appropriated $900 million of LIHEAP funds for FFY 2020. However, it overrode the LIHEAP statute section 2607(b)(2)(B) [42 U.S.C. 8626(b)(2)(B)] by that stipulating funds must remain available until September 30, 2021. Consequently, OCS needs to require grantees to report regular LIHEAP funds and CARES Act LIHEAP funds separately. OCS will use the data from this separation to (1) validate the Carryover and Reallotment Reports of the states, which will also call for separate reporting; and (2) report on how grantees used each funding stream. ACF seeks to change the Grantee Survey (Module I) to allow grantees to report CARES Act funds separately from non-CARES Act funds on their reports.

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Authorizing Statute(s): US Code: 42 USC 8626(b) Name of Law: Title XXVI of the Omnibus Budget Reconciliation Act of 1981, as amended
   PL: Pub.L. 116 - 136 Title VIII of Division B Name of Law: Coronavirus Aid, Relief, and Economic Security Act’’ or the ‘‘CARES Act’’.
   PL: Pub.L. 117 - 2 2911 Name of Law: American Rescue Plan Act of 2021
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 136 2607(b) Name of Law: The CARES 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:
	86 FR 14932	03/19/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 71504	12/16/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Energy Vendors (largest 5 electric, 5 natural gas, 10 fuel oil, and 10 propane vendors per state - average) - Modules II and III	1	LIHEAP Performance Data
State Grantees - Modules II and III	1	LIHEAP Perforrmance Data
State Grantees Module 1	1	LIHEAP Performance Data
State Grantees Module 1 - Energy Vendors	1	LIHEAP Performance Data
Sub-Grantees (in states with sub-grantee managed systems) - Modules II and III	1	LIHEAP Performance Data Form

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ICR Summary of Burden

	Total Request	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	1,732	0	0	202	0	1,530
Annual Time Burden (Hours)	25,841	0	0	24,311	0	1,530
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This request is for a reinstatement with changes to the prior collection approved by OMB under ICR Reference No. 202012-0970-004. The changes proposed to the LIHEAP Performance Data Form consist of (1) segmenting Module 2 into three submodules to collect additional performance measures data for the subset of households assisted with supplemental LIHEAP CARES and/or ARPA funds, (2) adding an item for reporting previous-year Residential Energy Assistance Challenge (REACH) funds in Module 1; (2) removing three reporting items from Module 1; and (3) minor wording or label changes. The total impacts of these changes results in an estimated four percent burden hour increase from the prior approved 2020 burden estimates.

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Annual Cost to Federal Government: $88,500

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: 12/16/2021

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