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LIHEAP IM on Relevant Sections of the Department of Defense and Full-Year Continuing Appropriations Act, 2011

Published: September 26, 2011
Low Income Home Energy Assistance Program (LIHEAP)
Guidance, Policies, Procedures, Information Memorandums (IM)


One Hundred Eleventh Congress of the United States of America

Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
Making appropriations for the Department of Defense and the other departments and agencies of the Government for the fiscal year ending September 30, 2011, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

This Act may be cited as the “Department of Defense and Full-Year Continuing Appropriations Act, 2011”.

The table of contents for this Act is as follows:
Division B--Full-Year Continuing Appropriations, 2011

The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable, and other organizational units of Government for fiscal year 2011, and for other purposes, namely:

Sec. 1101. (a) Such amounts as may be necessary, at the level specified in subsection (c) and under the authority and conditions provided in applicable appropriations Acts for fiscal year 2010, for projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for, and for which appropriations, funds, or other authority were made available in the following appropriations Acts:
(6) The Consolidated Appropriations Act, 2010 (Public Law 111-117).
(b) For purposes of this division, the term `level' means an amount.
(c) The level referred to in subsection (a) shall be the amounts appropriated in the appropriations Acts referred to in such subsection, including transfers and obligation limitations, except that--
(1) such level shall not include any amount previously designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010; and
(2) such level shall be calculated without regard to any rescission or cancellation of funds or contract authority.
Sec. 1102. Appropriations made by section 1101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act.
Sec. 1104. Except as otherwise expressly provided in this division, the requirements, authorities, conditions, limitations, and other provisions of the appropriations Acts referred to in section 1101(a) shall continue in effect through the date specified in section 1106.
Sec. 1106. Unless otherwise provided for in this division or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to this division shall be available through September 30, 2011.
Sec. 1107. Expenditures made pursuant to the Continuing Appropriations Act, 2011 (Public Law 111-242), shall be charged to the applicable appropriation, fund, or authorization provided by this division.
Sec. 1108. Funds appropriated by this division may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 1119. (a) Across-the-Board Rescissions- There is hereby rescinded an amount equal to 0.2 percent of--
(1) the budget authority provided for fiscal year 2011 for any discretionary account of this division; and
(2) the budget authority provided in any advance appropriation for fiscal year 2011 for any discretionary account in any prior fiscal year appropriation Act.
(b) Proportionate Application- Any rescission made by subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget authority described in such subsection; and
(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports referenced in section 1101 covering such account or item).

Sec. 1819. (a) Notwithstanding section 1101, the level for `Department of Health and Human Services, Administration for Children and Families, Low Income Home Energy Assistance' shall be $4,710,000,000, of which $4,509,672,000 shall be for payments under subsections (b) and (d) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621); and of which $200,328,000 shall be for payments under subsection (e) of such Act, to be made notwithstanding the designation requirements of such subsection.
(b) The second proviso under the heading `Department of Health and Human Services, Administration for Children and Families, Low Income Home Energy Assistance' in division D of Public Law 111-117 shall not apply to funds appropriated by this division.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.