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•AMDT. NO. 4805 
fense shall provide a report of these assessments, to spe-
cifically include whether any cost assessments determined 
that such proposed costs were unreasonable or unrealistic, 
to the congressional defense committees not later than 60 
days after enactment of this Act and on a quarterly basis 
thereafter. 
SEC. 8119. (a) The Deputy Under Secretary of De-
fense for Installations and Environment, in collaboration 
with the Secretary of Energy, shall conduct energy secu-
rity pilot projects at facilities of the Department of De-
fense. 
(b) In addition to the amounts provided elsewhere in 
this Act, $20,000,000, is appropriated to the Department 
of Defense for ‘‘Operation and Maintenance, Defense- 
Wide’’ for energy security pilot projects under subsection 
(a). 
SEC. 8120. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay a retired general or flag officer to serve 
as a senior mentor advising the Department of Defense 
unless such retired officer files a Standard Form 278 (or 
successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics. 
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•AMDT. NO. 4805 
SEC. 8121. Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, 
the Chief of the Air Force Reserve, and the Director of 
the National Guard Bureau, in collaboration with the Sec-
retary of Agriculture and the Secretary of the Interior, 
shall submit to the Committees on Appropriations of the 
House and Senate, the House Committee on Agriculture, 
the Senate Committee on Agriculture, Nutrition and For-
estry, the House Committee on Natural Resources, and 
the Senate Committee on Energy and Natural Resources 
a report of firefighting aviation assets. The report re-
quired under this section shall include each of the fol-
lowing: 
(1) A description of the programming details 
necessary to obtain an appropriate mix of fixed wing 
and rotor wing firefighting assets needed to produce 
an effective aviation resource base to support the 
wildland fire management program into the future. 
Such programming details shall include the acquisi-
tion and contracting needs of the mix of aviation re-
sources fleet, including the acquisition of up to 24 
C–130Js equipped with the Mobile Airborne Fire 
Fighting System II (in this section referred to as 
‘‘MAFFS’’), to be acquired over several fiscal years 
starting in fiscal year 2012. 
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•AMDT. NO. 4805 
(2) The costs associated with acquisition and 
contracting of the aviation assets described in para-
graph (1). 
(3) A description of the costs of the operation, 
maintenance, and sustainment of a fixed and rotor 
wing aviation fleet, including a C–130J/MAFFS II 
in an Air National Guard tactical airlift unit con-
struct of 4, 6, or 8 C–130Js per unit starting in fis-
cal year 2012, projected out through fiscal year 
2020. Such description shall include the projected 
costs associated with each of the following through 
fiscal year 2020: 
(A) Crew ratio based on 4, 6, or 8 C-130J 
Air National Guard unit construct and require-
ment for full-time equivalent crews. 
(B) Associated maintenance and other sup-
port personnel and requirement for full-time 
equivalent positions. 
(C) Yearly flying hour model and the cost 
for use of a fixed and rotor wing aviation fleet, 
including C–130J in its MAFFS capacity sup-
porting the United States Forest Service. 
(D) Yearly flying hour model and cost for 
use of a C–130J in its capacity supporting Air 
National Guard tactical airlift training. 
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•AMDT. NO. 4805 
(E) Any other costs required to conduct 
both the airlift and firefighting missions, in-
cluding the Air National Guard unit construct 
for C–130Js. 
(4) Proposed program management, utilization, 
and cost share arrangements for the aircraft de-
scribed in paragraph (1) for primary support of the 
Forest Service and secondary support, on an as 
available basis, for the Department of Defense, to-
gether with any proposed statutory language needed 
to authorize and effectuate the same. 
(5) An integrated plan for the Forest Service 
and the Department of the Interior wildland fire 
management programs to operate the fire fighting 
air tanker assets referred to in this section. 
SEC. 8122. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$41,400,000 is hereby appropriated to the Department of 
Defense: Provided, That the Secretary of Defense shall 
make grants in the amounts specified as follows: 
$6,400,000 to the SOAR Virtual School District; 
$7,800,000 to the New Jersey Technology Solutions Cen-
ter; $8,000,000 to the Edward M. Kennedy Institute for 
the United States Senate; $10,000,000 to the John P. 
Murtha Foundation; $1,040,000 to the Women in Military 
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•AMDT. NO. 4805 
Service for American Memorial Foundation; $8,000,000 
to the Paralympics Military Program; and $160,000 to the 
Online Tax Preparation Assistance for Servicemembers. 
SEC. 8123. Subject to the availability of appropria-
tions, the Secretary of the Navy may award a contract 
or contracts for up to 20 Littoral Combat Ships (LCS). 
SEC. 8124. Section 115 of the Miscellaneous Appro-
priations and Offsets Act, 2004 (division H of Public Law 
108–199; 118 Stat. 439), as amended by section 1017 of 
the Emergency Supplemental Appropriations Act for De-
fense, the Global War on Terror, and Tsunami Relief, 
2005 (Public Law 109–13; 119 Stat. 250), is amended 
by striking all after ‘‘company’’ through ‘‘requirements.’’ 
and inserting ‘‘, of ocean going commercial vessels of 
20,000 dwt or greater capable of supporting military sea-
lift requirements.’’. 
SEC. 8125. Of the funds provided in this Act, 
$3,600,000 shall be available for the operations and devel-
opment of training and technology for the Columbia 
Geospatial Center and the affiliated universities for pro-
viding mapping information in support of emergency plan-
ning and response, economic development and resource 
management: Provided, That this funding will provide 
homeland defense/security and traditional warfighting 
training to the Department of Defense, other Federal 
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•AMDT. NO. 4805 
agencies, and State and local first responder agencies and 
personnel: Provided further, That this funding is also 
available to pay for services provided to other Federal 
agencies and State and local first responder agencies and 
personnel by the Columbia Geospatial Center and the af-
filiated universities for service rendered between October 
1, 2009 and September 30, 2010. 
SEC. 8126. The authority provided by section 1222(e) 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84), shall continue in effect 
through September 30, 2011. 
SEC. 8127. The authority provided by section 1234 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2532) shall continue 
in effect through the earlier of the date of enactment of 
the National Defense Authorization Act for Fiscal Year 
2011 or December 31, 2011. 
SEC. 8128. The authority provided by section 1224 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2521) shall continue 
in effect through the earlier of the date of enactment of 
the National Defense Authorization Act for Fiscal Year 
2011 or December 31, 2011. 
SEC. 8129. Notwithstanding any other provision of 
law, during fiscal year 2011 up to $75,000,000 of funds 
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•AMDT. NO. 4805 
made available for operation and maintenance in this Act 
may be obligated and expended for purposes of building 
the capacity of Yemeni Ministry of Interior forces to con-
duct counterterrorism operations, subject to the direction 
and control of the Secretary of Defense, with the concur-
rence of the Secretary of State: Provided, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
providing assistance under this section, submit to the con-
gressional defense committees a notice setting forth the 
assistance to be provided, including the types of such as-
sistance, the budget for such assistance, and the comple-
tion date for the provision of such assistance. 
SEC. 8130. The authority provided by section 1014 
of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417), shall 
continue in effect through the earlier of the date of enact-
ment of the National Defense Authorization Act for Fiscal 
Year 2011 or December 31, 2011. 
SEC. 8131. Section 8905a(d)(4)(B) of title 5, United 
States Code, is amended— 
(1) in clause (i), by striking ‘‘October 1, 2010’’ 
and inserting ‘‘December 31, 2011’’; and 
(2) in clause (ii)— 
(A) by striking ‘‘February 1, 2011’’ and 
inserting ‘‘February 1, 2012’’; and 
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•AMDT. NO. 4805 
(B) by striking ‘‘October 1, 2010’’ and in-
serting ‘‘December 31, 2011’’. 
SEC. 8132. The authority provided by section 1021 
of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
2042), as amended by section 1011 of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2441), shall continue in effect through 
the earlier of the date of enactment of the National De-
fense Authorization Act for Fiscal Year 2011 or Sep-
tember 30, 2011. 
SEC. 8133. The authority provided by section 1022 
of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136; 10 U.S.C. 371 note), as 
amended by section 1012 of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2441), shall continue in effect through the earlier 
of the date of enactment of the National Defense Author-
ization Act for Fiscal Year 2011 or September 30, 2011. 
SEC. 8134. The authority provided by section 1033 
of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85), as amended by section 1014 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2442), shall continue 
in effect through the earlier of the date of enactment of 
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•AMDT. NO. 4805 
the National Defense Authorization Act for Fiscal Year 
2011 or September 30, 2011. 
SEC. 8135. The authority provided by sections 611, 
612, 613, 614, 615, and 616 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 111– 
84) shall continue in effect through the earlier of the date 
of enactment of the National Defense Authorization Act 
for Fiscal Year 2011 or December 31, 2011. 
SEC. 8136. The authority provided by section 631 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181) shall continue in effect 
through the earlier of the date of enactment of the Na-
tional Defense Authorization Act for Fiscal Year 2011 or 
December 31, 2011. 
SEC. 8137. The authority provided by section 1071 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84) shall continue in effect 
through the earlier of the date of enactment of the Na-
tional Defense Authorization Act for Fiscal Year 2011 or 
December 31, 2011. 
SEC. 8138. The authority provided by section 931 of 
the National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364) shall continue in effect 
through the earlier of the date of enactment of the Na-
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•AMDT. NO. 4805 
tional Defense Authorization Act for Fiscal Year 2011 or 
December 31, 2011. 
SEC. 8139. The authority provided by section 1106 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84) shall continue in effect 
through the earlier of the date of enactment of the Na-
tional Defense Authorization Act for Fiscal Year 2011 or 
December 31, 2011. 
SEC. 8140. (a) EXTENSION OF WAIVER.—Paragraph 
(1) of section 941(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended 
by striking ‘‘fiscal years 2009 and 2010’’ and inserting 
‘‘fiscal years 2009 through 2011.’’ 
(b) ANNUAL REPORT.—Paragraph (3) of such sec-
tion 941(b) is amended by striking ‘‘in 2010 and 2011’’ 
and inserting ‘‘in each year through 2012.’’ 
SEC. 8141. Subsection (a) of section 2808 of the Mili-
tary Construction Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 1723), as 
amended by section 2806 of the Military Construction Au-
thorization Act for Fiscal Year 2010 (division B of Public 
Law 111–84; 123 Stat. 2660), shall continue in effect 
through September 30, 2011. 
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•AMDT. NO. 4805 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $11,468,033,000. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $1,308,719,000. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $732,920,000. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $2,060,442,000. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $268,031,000. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $48,912,000. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $45,437,000. 
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RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $27,002,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $853,022,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $16,860,000. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $59,212,782,000. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $8,970,724,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $4,008,022,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $12,989,643,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $9,276,990,000, of which: 
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OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $497,849,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $417,983,000. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
There is hereby established in the Treasury of the 
United States the ‘‘Afghanistan Infrastructure Fund’’. 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$400,000,000, to remain available until September 30, 
2012: Provided, That such sums shall be available for in-
frastructure projects in Afghanistan, notwithstanding any 
other provision of law, which shall be undertaken by the 
Secretary of State, unless the Secretary of State and the 
Secretary of Defense jointly decide that a specific project 
will be undertaken by the Department of Defense: Pro-
vided further, That the infrastructure referred to in the 
preceding proviso is in support of the counterinsurgency 
strategy, requiring funding for facility and infrastructure 
projects, including, but not limited to, water, power, and 
transportation projects and related maintenance and 
sustainment costs: Provided further, That the authority to 
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•AMDT. NO. 4805 
undertake such infrastructure projects is in addition to 
any other authority to provide assistance to foreign na-
tions: Provided further, That any projects funded by this 
appropriation shall be jointly formulated and concurred in 
by the Secretary of State and Secretary of Defense: Pro-
vided further, That funds may be transferred to the De-
partment of State for purposes of undertaking projects, 
which funds shall be considered to be economic assistance 
under the Foreign Assistance Act of 1961 for purposes 
of making available the administrative authorities con-
tained in that Act: Provided further, That the transfer au-
thority in the preceding proviso is in addition to any other 
authority available to the Department of Defense to trans-
fer funds: Provided further, That any unexpended funds 
transferred to the Secretary of State under this authority 
shall be returned to the Afghanistan Infrastructure Fund 
if the Secretary of State, in coordination with the Sec-
retary of Defense, determines that the project cannot be 
implemented for any reason, or that the project no longer 
supports the counterinsurgency strategy in Afghanistan: 
Provided further, That any funds returned to the Sec-
retary of Defense under the previous proviso shall be avail-
able for use under this appropriation and shall be treated 
in the same manner as funds not transferred to the Sec-
retary of State: Provided further, That contributions of 
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•AMDT. NO. 4805 
funds for the purposes provided herein to the Secretary 
of State in accordance with section 635(d) of the Foreign 
Assistance Act from any person, foreign government, or 
international organization may be credited to this Fund, 
to remain available until expended, and used for such pur-
poses: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to making transfers 
to or from, or obligations from the Fund, notify the appro-
priate committees of Congress in writing of the details of 
any such transfer: Provided further, That the ‘‘appropriate 
committees of Congress’’ are the Committees on Armed 
Services, Foreign Relations and Appropriations of the 
Senate and the Committees on Armed Services, Foreign 
Affairs and Appropriations of the House of Representa-
tives. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$11,619,283,000, to remain available until September 30, 
2012: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command—Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces 
of Afghanistan, including the provision of equipment, sup-
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•AMDT. NO. 4805 
plies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That up 
to $15,000,000 of these funds may be available for coali-
tion police trainer life support costs: Provided further, 
That contributions of funds for the purposes provided 
herein from any person, foreign government, or inter-
national organization may be credited to this Fund and 
used for such purposes: Provided further, That the Sec-
retary of Defense shall notify the congressional defense 
committees in writing upon the receipt and upon the obli-
gation of any contribution, delineating the sources and 
amounts of the funds received and the specific use of such 
contributions: Provided further, That the Secretary of De-
fense shall, not fewer than 15 days prior to obligating 
from this appropriation account, notify the congressional 
defense committees in writing of the details of any such 
obligation: Provided further, That the Secretary of Defense 
shall notify the congressional defense committees of any 
proposed new projects or transfer of funds between budget 
sub-activity groups in excess of $20,000,000. 
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•AMDT. NO. 4805 
IRAQ SECURITY FORCES FUND 
For 
the 
‘‘Iraq 
Security 
Forces 
Fund’’, 
$1,500,000,000, to remain available until September 30, 
2012: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, United 
States Forces-Iraq, or the Secretary’s designee, to provide 
assistance, with the concurrence of the Secretary of State, 
to the security forces of Iraq, including the provision of 
equipment, supplies, services, training, facility and infra-
structure repair, and renovation: Provided further, That 
the authority to provide assistance under this heading is 
in addition to any other authority to provide assistance 
to foreign nations: Provided further, That contributions of 
funds for the purposes provided herein from any person, 
foreign government, or international organization may be 
credited to this Fund and used for such purposes: Pro-
vided further, That the Secretary shall notify the congres-
sional defense committees in writing upon the receipt and 
upon the obligation of any contribution, delineating the 
sources and amounts of the funds received and the specific 
use of such contributions: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the con-
gressional defense committees in writing of the details of 
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•AMDT. NO. 4805 
any such obligation: Provided further, That the Secretary 
of Defense shall notify the congressional defense commit-
tees of any proposed new projects or transfer of funds be-
tween 
budget 
sub-activity 
groups 
in 
excess 
of 
$20,000,000. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $2,720,138,000, to remain available until Sep-
tember 30, 2013. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $343,828,000, to remain available until Sep-
tember 30, 2013. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $896,996,000, 
to remain available until September 30, 2013. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $369,885,000, to remain available until 
September 30, 2013. 
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OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $6,423,832,000, to remain available until Sep-
tember 30, 2013. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $1,269,549,000, to remain available until Sep-
tember 30, 2013. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $90,502,000, to remain available until Sep-
tember 30, 2013. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $558,024,000, to re-
main available until September 30, 2013. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $316,835,000, to remain available until September 
30, 2013. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $1,589,119,000, to remain available until Sep-
tember 30, 2013. 
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•AMDT. NO. 4805 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $1,991,955,000, to remain available until 
September 30, 2013. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $56,621,000, to remain available until Sep-
tember 30, 2013. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $292,959,000, to remain available 
until September 30, 2013. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $2,868,593,000, to remain available until 
September 30, 2013. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $1,262,499,000, to remain available until 
September 30, 2013. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procure-
ment for the reserve components of the Armed Forces, 
$850,000,000, to remain available for obligation until Sep-
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•AMDT. NO. 4805 
tember 30, 2013, of which $250,000,000 shall be available 
only for the Army National Guard: Provided, That the 
Chiefs of National Guard and Reserve components shall, 
not later than 30 days after the enactment of this Act, 
individually submit to the congressional defense commit-
tees the modernization priority assessment for their re-
spective National Guard or Reserve component. 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $3,415,000,000, to remain available until Sep-
tember 30, 2012: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, to procure, sustain, transport, and 
field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only 
to appropriations made available in this or any other Act 
for operation and maintenance; procurement; research, de-
velopment, test and evaluation; and defense working cap-
ital funds to accomplish the purpose provided herein: Pro-
vided further, That such transferred funds shall be merged 
with and be available for the same purposes and the same 
time period as the appropriation to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
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•AMDT. NO. 4805 
partment of Defense: Provided further, That the Secretary 
shall, not fewer than 10 days prior to making transfers 
from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $143,234,000, to re-
main available until September 30, 2012. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $104,781,000, to re-
main available until September 30, 2012. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $484,382,000, to 
remain available until September 30, 2012. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
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•AMDT. NO. 4805 
$222,616,000, to remain available until September 30, 
2012. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $485,384,000. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,422,092,000, of which $1,398,092,000 shall be 
for operation and maintenance, to remain available until 
September 30, 2011, and of which $24,000,000 shall be 
for research, development, test and evaluation, to remain 
available until September 30, 2012. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $440,510,000, to re-
main available until September 30, 2012. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $2,793,768,000, to remain available until Sep-
tember 30, 2013: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
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405 
•AMDT. NO. 4805 
other provision of law, for the purpose of allowing the Di-
rector of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equip-
ment, supplies, services, training, facilities, personnel and 
funds to assist United States forces in the defeat of impro-
vised explosive devices: Provided further, That the Sec-
retary of Defense may transfer funds provided herein to 
appropriations for military personnel; operation and main-
tenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accom-
plish the purpose provided herein: Provided further, That 
this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Pro-
vided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $10,529,000. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2011. 
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•AMDT. NO. 4805 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
fice of Management and Budget, transfer up to 
$4,000,000,000 between the appropriations or funds made 
available to the Department of Defense in this title: Pro-
vided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority 
in this section: Provided further, That the authority pro-
vided in this section is in addition to any other transfer 
authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority 
provided in the Department of Defense Appropriations 
Act, 2011. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance or the 
‘‘Afghanistan Security Forces Fund’’ provided in this Act 
and executed in direct support of overseas contingency op-
erations in Afghanistan, may be obligated at the time a 
construction contract is awarded: Provided, That for the 
purpose of this section, supervision and administration 
costs include all in-house Government costs. 
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•AMDT. NO. 4805 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
Iraq and Afghanistan: (a) passenger motor vehicles up to 
a limit of $75,000 per vehicle and (b) heavy and light ar-
mored vehicles for the physical security of personnel or 
for force protection purposes up to a limit of $250,000 
per vehicle, notwithstanding price or other limitations ap-
plicable to the purchase of passenger carrying vehicles. 
SEC. 9005. Not to exceed $500,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Iraq and Af-
ghanistan to respond to urgent, small scale, humanitarian 
relief and reconstruction requirements within their areas 
of responsibility: Provided, That projects (including any 
ancillary or related elements in connection with such 
project) executed under this authority shall not exceed 
$20,000,000: Provided further, That not later than 45 
days after the end of each fiscal year quarter, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report regarding the source of funds and the 
allocation and use of funds during that quarter that were 
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•AMDT. NO. 4805 
made available pursuant to the authority provided in this 
section or under any other provision of law for the pur-
poses described herein: Provided further, That, not later 
than 30 days after the end of each month, the Army shall 
submit to the congressional defense committees monthly 
commitment, obligation, and expenditure data for the 
Commander’s Emergency Response Program in Iraq and 
Afghanistan: Provided further, That not less than 15 days 
before making funds available pursuant to the authority 
provided in this section or under any other provision of 
law for the purposes described herein for a project with 
a total anticipated cost for completion of $5,000,000 or 
more, the Secretary shall submit to the congressional de-
fense committees a written notice containing each of the 
following: 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
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•AMDT. NO. 4805 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
nation, a non-Department of Defense agency of the 
United States Government or a third party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Iraq and Afghanistan: 
Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees 
regarding support provided under this section. 
SEC. 9007. The amounts provided by this title are 
designated as described in section 5 (in the matter pre-
ceding division A of this consolidated Act). 
SEC. 9008. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
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•AMDT. NO. 4805 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9009. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
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•AMDT. NO. 4805 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9010. (a) The Secretary of Defense shall submit 
to the congressional defense committees not later than 45 
days after the end of each fiscal quarter a report on the 
proposed use of all funds appropriated by this or any prior 
Act under each of the headings Iraq Security Forces 
Fund, Afghanistan Security Forces Fund, Afghanistan In-
frastructure Fund, and Pakistan Counterinsurgency Fund 
on a project-by-project basis, for which the obligation of 
funds is anticipated during the 3-month period from such 
date, including estimates for the accounts referred to in 
this section of the costs required to complete each such 
project. 
(b) The report required by this subsection shall in-
clude the following: 
(1) The use of all funds on a project-by-project 
basis for which funds appropriated under the head-
ings referred to in subsection (a) were obligated 
prior to the submission of the report, including esti-
mates for the accounts referred to in subsection (a) 
of the costs to complete each project. 
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•AMDT. NO. 4805 
(2) The use of all funds on a project-by-project 
basis for which funds were appropriated under the 
headings referred to in subsection (a) in prior appro-
priations Acts, or for which funds were made avail-
able by transfer, reprogramming, or allocation from 
other headings in prior appropriations Acts, includ-
ing estimates for the accounts referred to in sub-
section (a) of the costs to complete each project. 
(3) An estimated total cost to train and equip 
the Iraq, Afghanistan, and Pakistan security forces, 
disaggregated by major program and sub-elements 
by force, arrayed by fiscal year. 
SEC. 9011. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon de-
termination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contin-
gency operations overseas, such funds may be used to pur-
chase items having an investment item unit cost of not 
more than $500,000. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9012. Of the funds appropriated by this Act for 
the Office of the Director of National Intelligence, 
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•AMDT. NO. 4805 
$3,375,000 is available, as specified in the classified 
annex, for transfer to other departments and agencies of 
the Federal Government. 
SEC. 9013. (a) The Task Force for Business and Sta-
bility Operations in Afghanistan may, subject to the direc-
tion and control of the Secretary of Defense and with the 
concurrence of the Secretary of State, carry out projects 
in fiscal year 2011 to assist the commander of the United 
States Central Command in developing a link between 
United States military operations in Afghanistan under 
Operation Enduring Freedom and the economic elements 
of United States national power in order to reduce vio-
lence, enhance stability, and restore economic normalcy in 
Afghanistan through strategic business and economic op-
portunities. 
(b) The projects carried out under paragraph (a) may 
include projects that facilitate private investment, indus-
trial development, banking and financial system develop-
ment, agricultural diversification and revitalization, and 
energy development in and with respect to Afghanistan. 
(c) The Secretary may use up to $150,000,000 of the 
funds available for overseas contingency operations in 
‘‘Operation and Maintenance, Army’’ for additional activi-
ties to carry out projects under paragraph (a). 
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•AMDT. NO. 4805 
SEC. 9014. (a) Not more than 85 percent of the 
funds provided in this title for Operation and Maintenance 
may be available for obligation or expenditure until the 
date on which the Secretary of Defense submits the report 
under subsection (b). 
(b) Not later than 120 days after the date of the en-
actment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on con-
tractor employees in the United States Central Command, 
including— 
(1) the number of employees of a contractor 
awarded a contract by the Department of Defense 
(including subcontractor employees) who are em-
ployed at the time of the report in the area of oper-
ations of the United States Central Command, in-
cluding a list of the number of such employees in 
each of Iraq, Afghanistan, and all other areas of op-
erations of the United States Central Command; and 
(2) for each fiscal year quarter beginning on 
the date of the report and ending on September 30, 
2012— 
(A) the number of such employees planned 
by the Secretary to be employed during each 
such period in each of Iraq, Afghanistan, and 
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•AMDT. NO. 4805 
all other areas of operations of the United 
States Central Command; and 
(B) an explanation of how the number of 
such employees listed under subparagraph (A) 
relates to the planned number of military per-
sonnel in such locations. 
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2011’’. 
DIVISION D—ENERGY AND WATER DEVEL-
OPMENT AND RELATED AGENCIES AP-
PROPRIATIONS ACT, 2011 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related ef-
forts. 
INVESTIGATIONS 
For expenses necessary where authorized by law for 
the collection and study of basic information pertaining 
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•AMDT. NO. 4805 
to river and harbor, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and re-
lated needs; for surveys and detailed studies, and plans 
and specifications of proposed river and harbor, flood and 
storm damage reduction, shore protection, and aquatic 
ecosystem restoration projects and related efforts prior to 
construction; for restudy of authorized projects; and for 
miscellaneous investigations and, when authorized by law, 
surveys and detailed studies, and plans and specifications 
of projects prior to construction, $150,000,000, to remain 
available until expended. 
CONSTRUCTION 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related 
projects authorized by law; for conducting detailed studies, 
and plans and specifications, of such projects (including 
those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection 
by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Govern-
ment to construction); $1,823,625,000, to remain avail-
able until expended; of which such sums as are necessary 
to cover the Federal share of construction costs for facili-
ties under the Dredged Material Disposal Facilities pro-
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•AMDT. NO. 4805 
gram shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104–303; and of which 
such sums as are necessary to cover one-half of the costs 
of construction, replacement, rehabilitation, and expansion 
of inland waterways projects (including only Kentucky 
Lock and Dam, Tennessee River, Kentucky; Lock and 
Dams 2, 3, and 4 Monongahela River, Pennsylvania; Lock 
and Dam 27, Mississippi River, Illinois; Markland Locks 
and Dam, Kentucky and Indiana; Olmsted Lock and Dam, 
Illinois and Kentucky; and Emsworth Locks and Dam, 
Ohio River, Pennsylvania) shall be derived from the Inland 
Waterways Trust Fund: Provided, That the Chief of Engi-
neers is directed to use $20,500,000 of the funds appro-
priated herein for the Dallas Floodway Extension, Texas, 
project, including the Cadillac Heights feature, generally 
in accordance with the Chief of Engineers report dated 
December 7, 1999: Provided further, That the Chief of En-
gineers is directed to use $1,434,000 of funds available 
for the Greenbrier Basin, Marlinton, West Virginia, Local 
Protection Project to continue engineering and design ef-
forts, execute a project partnership agreement for phases 
1 and 2, and initiate construction of the project substan-
tially in accordance with Alternative 1 as described in the 
Corps of Engineers Final Detailed Project Report and En-
vironmental Impact Statement for Marlinton, West Vir-
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•AMDT. NO. 4805 
ginia, Local Protection Project dated September 2008 
with the Federal and non-Federal cost shares determined 
in accordance with the ability-to-pay provisions prescribed 
in section 103(m) of the Water Resources Development 
Act of 1986: Provided further, That the Chief of Engineers 
is directed to use $2,750,000 of the funds appropriated 
herein to continue planning, engineering, design or con-
struction of the Lower Mingo County, Upper Mingo Coun-
ty, Wayne County, McDowell County, West Virginia, ele-
ments of the Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River Project: Provided fur-
ther, That the limitation concerning total project costs in 
section 902 of the Water Resources Development Act of 
1986 (33 U.S.C. 2280), shall not apply during fiscal year 
2011 to any project that received funds provided in this 
title. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River allu-
vial valley below Cape Girardeau, Missouri, as authorized 
by law, $325,000,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for in-
land harbors shall be derived from the Harbor Mainte-
nance Trust Fund: Provided, That the Secretary of the 
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•AMDT. NO. 4805 
Army, acting through the Chief of Engineers is directed 
to use $10,500,000 appropriated herein for construction 
of water withdrawal features of the Grand Prairie, Arkan-
sas, project. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, mainte-
nance, and care of existing river and harbor, flood and 
storm damage reduction, aquatic ecosystem restoration, 
and related projects authorized by law; providing security 
for infrastructure owned or operated by the Corps, includ-
ing administrative buildings and laboratories; maintaining 
harbor channels provided by a State, municipality, or 
other public agency that serve essential navigation needs 
of general commerce, where authorized by law; surveying 
and charting northern and northwestern lakes and con-
necting waters; clearing and straightening channels; and 
removing obstructions to navigation, $2,475,000,000, to 
remain available until expended, of which such sums as 
are necessary to cover the Federal share of eligible oper-
ation and maintenance costs for coastal harbors and chan-
nels, and for inland harbors shall be derived from the Har-
bor Maintenance Trust Fund; of which such sums as be-
come available from the special account for the Corps es-
tablished by the Land and Water Conservation Act of 
1965 (16 U.S.C. 460l–6a(i)), shall be derived from that 
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•AMDT. NO. 4805 
account for resource protection, research, interpretation, 
and maintenance activities related to resource protection 
in the areas at which outdoor recreation is available; and 
of which such sums as become available from fees collected 
under section 217 of the Water Resources Development 
Act of 1996 (Public Law 104–303) shall be used to cover 
the cost of operation and maintenance of the dredged ma-
terial disposal facilities for which such fees have been col-
lected: Provided, That 1 percent of the total amount of 
funds provided for each of the programs, projects or activi-
ties funded under this heading shall be available for use 
by the Chief of Engineers to fund such emergency activi-
ties as the Chief of Engineers determines to be necessary 
and appropriate. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$193,000,000, to remain available until expended. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $130,000,000, to remain available until expended. 
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421 
•AMDT. NO. 4805 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurri-
cane, and other natural disasters and to support emer-
gency operations, repairs, and other activities in response 
to such disasters as authorized by law, $30,000,000, to 
remain available until expended. 
EXPENSES 
For expenses necessary for the supervision and gen-
eral administration of the civil works program in Corps 
headquarters and division offices; and for the management 
and operation costs allocable to the civil works program 
of the Humphreys Engineer Center Support Activity, the 
Institute for Water Resources, the Engineer Research and 
Development Center, and the Corps Finance Center, 
$187,375,000, to remain available until expended, of 
which not to exceed $5,000 may be used for official recep-
tion and representation purposes and only during the cur-
rent fiscal year: Provided, That no part of any other ap-
propriation in this title shall be available to fund the above 
activities: Provided further, That any Flood Control and 
Coastal Emergencies appropriation may be used to fund 
the supervision and general administration of emergency 
operations, repairs, and other activities in response to any 
flood, hurricane, or other natural disaster. 
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422 
•AMDT. NO. 4805 
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 
FOR CIVIL WORKS 
For the Office of the Assistant Secretary of the Army 
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
$6,000,000, to remain available until expended. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be 
available during the current fiscal year for purchase (not 
to exceed 100 for replacement only) and hire of passenger 
motor vehicles for the civil works program. 
GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act 
that remain available for obligation or expenditure in fiscal 
year 2011, shall be available for obligation or expenditure 
through a reprogramming of funds that: 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations; 
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423 
•AMDT. NO. 4805 
(4) proposes to uses funds directed for a spe-
cific activity for a different purpose, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations; 
(5) augments or reduces existing programs, 
projects or activities in excess of the amounts con-
tained in subsections 6 through 10, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over 
$100,000, reprogramming of 25 percent of the base 
amount up to a limit of $150,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $100,000, the reprogramming limit is 
$25,000: Provided further, That up to $25,000 may 
be reprogrammed to continue ongoing work on any 
program, project, or activity that did not receive an 
appropriation for existing obligations and concomi-
tant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming of 15 percent of the 
base amount up to a limit of $3,000,000 per project, 
study or activity is allowed: Provided, That for a 
base level less than $2,000,000, the reprogramming 
limit is $300,000: Provided further, That up to 
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424 
•AMDT. NO. 4805 
$3,000,000 may be reprogrammed for settled con-
tractor claims, changed conditions, or real estate de-
ficiency judgments: Provided further, That up to 
$300,000 may be reprogrammed into continuing any 
study or activity that did not receive an appropria-
tion for existing obligations and concomitant admin-
istrative expenses; 
(8) OPERATION
AND
MAINTENANCE.—Unlim-
ited reprogramming authority is granted in order for 
the Corps to be able to respond to emergencies: Pro-
vided, That the Chief of Engineers must notify the 
House and Senate Committees on Appropriations of 
these emergency actions as soon thereafter as prac-
ticable: Provided further, That for a base level over 
$1,000,000, reprogramming of 15 percent of the 
base amount up to a limit of $5,000,000 per project, 
study or activity is allowed: Provided further, That 
for a base level less than $1,000,000, the re-
programming limit is $150,000: Provided further, 
That up to $150,000 may be reprogrammed into 
continuing any study or activity that did not receive 
an appropriation; 
(9) MISSISSIPPI
RIVER
AND
TRIBUTARIES.— 
The same reprogramming guidelines as provided in 
subsections 6 through 8 above apply to the Inves-
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425 
•AMDT. NO. 4805 
tigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tribu-
taries Account; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 per-
cent of the base of the receiving project is permitted. 
(b) DE MINIMIS REPROGRAMMINGS.—In no case 
should a reprogramming for less than $50,000 be sub-
mitted to the House and Senate Committees on Appro-
priations. 
(c) Not later than 60 days after the date of enact-
ment of this Act, the Corps of Engineers shall submit a 
report to the House and Senate Committees on Appropria-
tions to establish the baseline for application of re-
programming and transfer authorities for the current fis-
cal year: Provided, That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) A delineation in the table for each appro-
priation both by object class and program, project 
and activity as detailed in the budget appendix for 
the respective appropriations; and 
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426 
•AMDT. NO. 4805 
(3) An identification of items of special congres-
sional interest. 
SEC. 102. None of the funds in this Act, or previous 
Acts, making funds available to the Corps, shall be used 
to implement any pending or future competitive sourcing 
actions under OMB Circular A–76 or High Performing 
Organizations for the U.S. Army Corps of Engineers. 
SEC. 103. None of the funds in this Act, or previous 
Acts, making funds available to the Corps, shall be used 
to award any continuing contract that commits additional 
funding from the Inland Waterways Trust Fund unless 
or until such time that a long-term mechanism to enhance 
revenues in this Fund sufficient to meet the cost-sharing 
authorized in the Water Resources Development Act of 
1986 (Public Law 99–662) is enacted. 
SEC. 104. Within 120 days of the date of the Chief 
of Engineers Report on a water resource matter, the As-
sistant Secretary of the Army (Civil Works) shall submit 
the report to the appropriate authorizing and appro-
priating committees of the Congress. 
SEC. 105. During the fiscal year period covered by 
this Act, the Secretary of the Army shall implement meas-
ures recommended in the efficacy study, or provided in 
interim reports, authorized under section 3061 of the 
Water Resources Development Act of 2007 (121 Stat. 
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443 
•AMDT. NO. 4805 
from the Committees on Appropriations of the 
House of Representatives and the Senate; 
(4) restarts or resumes any program, project or 
activity for which funds are not provided in this Act, 
unless prior approval is received from the Commit-
tees on Appropriations of the House of Representa-
tives and the Senate; 
(5) transfers funds in excess of the following 
limits, unless prior approval is received from the 
Committees on Appropriations of the House of Rep-
resentatives and the Senate: 
(A) 15 percent for any program, project or 
activity for which $2,000,000 or more is avail-
able at the beginning of the fiscal year; or 
(B) $300,000 for any program, project or 
activity for which less than $2,000,000 is avail-
able at the beginning of the fiscal year; 
(6) transfers more than $500,000 from either 
the Facilities Operation, Maintenance, and Rehabili-
tation category or the Resources Management and 
Development category to any program, project, or 
activity in the other category, unless prior approval 
is received from the Committees on Appropriations 
of the House of Representatives and the Senate; or 
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997 
•AMDT. NO. 4805 
ceding division A of this consolidated Act): Provided, That 
notwithstanding section 520A(f)(2) of the PHS Act, no 
funds appropriated for carrying out section 520A are 
available for carrying out section 1971 of the PHS Act: 
Provided further, That in addition to amounts provided 
herein, the following amounts shall be available under sec-
tion 241 of the PHS Act: (1) $79,200,000 to carry out 
subpart II of part B of title XIX of the PHS Act to fund 
section 1935(b) technical assistance, national data, data 
collection and evaluation activities, and further that the 
total available under this Act for section 1935(b) activities 
shall not exceed 5 percent of the amounts appropriated 
for subpart II of part B of title XIX; (2) $21,039,000 
to carry out subpart I of part B of title XIX of the PHS 
Act to fund section 1920(b) technical assistance, national 
data, data collection and evaluation activities, and further 
that the total available under this Act for section 1920(b) 
activities shall not exceed 5 percent of the amounts appro-
priated for subpart I of part B of title XIX; (3) 
$23,399,000 to carry out national surveys on drug abuse 
and mental health; and (4) $8,596,000 to collect and ana-
lyze data and evaluate substance abuse treatment pro-
grams: Provided further, That section 520E(b)(2) of the 
PHS Act shall not apply to funds appropriated under this 
Act for fiscal year 2011. 
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