H. R. 3326—45 
transfer by the Director of National Intelligence to other depart-
ments and agencies for purposes of Government-wide information 
sharing activities: Provided, That funds transferred under this 
provision are to be merged with and available for the same purposes 
and time period as the appropriation to which transferred: Provided 
further, That the Office of Management and Budget must approve 
any transfers made under this provision. 
SEC. 8111. Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remit-
tances to the Defense Acquisition Workforce Development Fund 
in accordance with the requirements of section 1705 of title 10, 
United States Code. 
SEC. 8112. (a) HIGH PRIORITY NATIONAL GUARD COUNTERDRUG 
PROGRAMS.—Of the amount appropriated or otherwise made avail-
able by title VI under the heading ‘‘Drug Interdiction and Counter- 
Drug Activities, Defense’’, up to $15,000,000 shall be available 
for the purpose of High Priority National Guard Counterdrug Pro-
grams. 
(b) SUPPLEMENT NOT SUPPLANT.—The amount made available 
by subsection (a) for the purpose specified in that subsection is 
in addition to any other amounts made available by this Act for 
that purpose. 
APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES 
SEC. 8113. (a) ACKNOWLEDGMENT AND APOLOGY.—The United 
States, acting through Congress— 
(1) recognizes the special legal and political relationship 
Indian tribes have with the United States and the solemn 
covenant with the land we share; 
(2) commends and honors Native Peoples for the thousands 
of years that they have stewarded and protected this land; 
(3) recognizes that there have been years of official depreda-
tions, ill-conceived policies, and the breaking of covenants by 
the Federal Government regarding Indian tribes; 
(4) apologizes on behalf of the people of the United States 
to all Native Peoples for the many instances of violence, mal-
treatment, and neglect inflicted on Native Peoples by citizens 
of the United States; 
(5) expresses its regret for the ramifications of former 
wrongs and its commitment to build on the positive relation-
ships of the past and present to move toward a brighter future 
where all the people of this land live reconciled as brothers 
and sisters, and harmoniously steward and protect this land 
together; 
(6) urges the President to acknowledge the wrongs of the 
United States against Indian tribes in the history of the United 
States in order to bring healing to this land; and 
(7) commends the State governments that have begun rec-
onciliation efforts with recognized Indian tribes located in their 
boundaries and encourages all State governments similarly to 
work toward reconciling relationships with Indian tribes within 
their boundaries. 
(b) DISCLAIMER.—Nothing in this section— 
(1) authorizes or supports any claim against the United 
States; or
H. R. 3326—46 
(2) serves as a settlement of any claim against the United 
States. 
SEC. 8114. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by 
the Congress in this or any other Act, upon the determination 
by the head of the agency that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises national 
security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall do so 
only after such report has been made available to the requesting 
Committee or Committees of Congress for no less than 45 days. 
SEC. 8115. (a) It is the sense of Congress that— 
(1) All of the National Nuclear Security Administration 
sites, including the Nevada Test Site can play an effective 
and essential role in developing and demonstrating— 
(A) innovative and effective methods for treaty 
verification and the detection of nuclear weapons and other 
materials; and 
(B) related threat reduction technologies; and 
(2) the Administrator for Nuclear Security should expand 
the mission of the Nevada Test Site to carry out the role 
described in paragraph (1), including by— 
(A) fully utilizing the inherent capabilities and 
uniquely secure location of the Site; 
(B) continuing to support the Nation’s nuclear weapons 
program and other national security programs; and 
(C) renaming the Site to reflect the expanded mission 
of the Site. 
(b) Not later than one year after the date of the enactment 
of this Act, the Administrator for Nuclear Security shall submit 
to the congressional defense committees and the Subcommittees 
on Energy and Water Development of the Committees on Appropria-
tions a plan for improving the infrastructure of the Nevada Test 
Site of the National Nuclear Security Administration and, if the 
Administrator deems appropriate, all other sites under the jurisdic-
tion of the National Nuclear Security Administration— 
(1) to fulfill the expanded mission of the Site described 
in subsection (a); and 
(2) to make the Site available to support the threat reduc-
tion programs of the entire national security community, 
including threat reduction programs of the National Nuclear 
Security Administration, the Defense Threat Reduction Agency, 
the Department of Homeland Security, and other agencies as 
appropriate. 
SEC. 8116. (a) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Federal con-
tract for an amount in excess of $1,000,000 that is awarded more 
than 60 days after the effective date of this Act, unless the con-
tractor agrees not to: 
(1) enter into any agreement with any of its employees 
or independent contractors that requires, as a condition of 
employment, that the employee or independent contractor agree 
to resolve through arbitration any claim under title VII of 
the Civil Rights Act of 1964 or any tort related to or arising
H. R. 3326—47 
out of sexual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, false impris-
onment, or negligent hiring, supervision, or retention; or 
(2) take any action to enforce any provision of an existing 
agreement with an employee or independent contractor that 
mandates that the employee or independent contractor resolve 
through arbitration any claim under title VII of the Civil Rights 
Act of 1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, inten-
tional infliction of emotional distress, false imprisonment, or 
negligent hiring, supervision, or retention. 
(b) None of the funds appropriated or otherwise made available 
by this Act may be expended for any Federal contract awarded 
more than 180 days after the effective date of this Act unless 
the contractor certifies that it requires each covered subcontractor 
to agree not to enter into, and not to take any action to enforce 
any provision of, any agreement as described in paragraphs (1) 
and (2) of subsection (a), with respect to any employee or inde-
pendent contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcontractor’’ is an 
entity that has a subcontract in excess of $1,000,000 on a contract 
subject to subsection (a). 
(c) The prohibitions in this section do not apply with respect 
to a contractor’s or subcontractor’s agreements with employees or 
independent contractors that may not be enforced in a court of 
the United States. 
(d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor 
for the purposes of a particular contract or subcontract if the 
Secretary or the Deputy Secretary personally determines that the 
waiver is necessary to avoid harm to national security interests 
of the United States, and that the term of the contract or sub-
contract is not longer than necessary to avoid such harm. The 
determination shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, and shall 
state any alternatives considered in lieu of a waiver and the reasons 
each such alternative would not avoid harm to national security 
interests of the United States. The Secretary of Defense shall 
transmit to Congress, and simultaneously make public, any deter-
mination under this subsection not less than 15 business days 
before the contract or subcontract addressed in the determination 
may be awarded. 
SEC. 8117. (a) PROHIBITION ON CONVERSION OF FUNCTIONS PER-
FORMED BY FEDERAL EMPLOYEES TO CONTRACTOR PERFORMANCE.— 
None of the funds appropriated or otherwise made available by 
this Act, or that remain available for obligation for the Department 
of Defense from the Consolidated Security, Disaster Assistance, 
and Continuing Appropriations Act, 2009 (Public Law 110–329), 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111–5), and the Supplemental Appropriations Act, 2009 (Public 
Law 111–32), may be used to begin or announce the competition 
to award to a contractor or convert to performance by a contractor 
any functions performed by Federal employees pursuant to a study 
conducted under Office of Management and Budget (OMB) Circular 
A–76. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to the award of a function to a contractor or the conversion
H. R. 3326—48 
of a function to performance by a contractor pursuant to a study 
conducted under Office of Management and Budget (OMB) Circular 
A–76 once all reporting and certifications required by section 325 
of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84) have been satisfactorily completed. 
SEC. 8118. (a)(1) No National Intelligence Program funds appro-
priated in this Act may be used for a mission critical or mission 
essential business management information technology system that 
is not registered with the Director of National Intelligence. A system 
shall be considered to be registered with that officer upon the 
furnishing notice of the system, together with such information 
concerning the system as the Director of the Business Trans-
formation Office may prescribe. 
(2) During the current fiscal year no funds may be obligated 
or expended for a financial management automated information 
system, a mixed information system supporting financial and non- 
financial systems, or a business system improvement of more than 
$3,000,000, within the Intelligence Community without the approval 
of the Business Transformation Investment Review Board. 
(b) The Director of the Business Transformation Office shall 
provide the congressional intelligence committees a semi-annual 
report of approvals under paragraph (1) no later than March 30 
and September 30 of each year. The report shall include the results 
of the Business Transformation Investment Review Board’s semi- 
annual activities, and each report shall certify that the following 
steps have been taken for systems approved under paragraph (1): 
(1) Business process reengineering. 
(2) An analysis of alternatives and an economic analysis 
that includes a calculation of the return on investment. 
(3) Assurance the system is compatible with the enterprise- 
wide business architecture. 
(4) Performance measures. 
(5) An information assurance strategy consistent with the 
Chief Information Officer of the Intelligence Community. 
(c) This section shall not apply to any programmatic or analytic 
systems or programmatic or analytic system improvements. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8119. In addition to funds made available elsewhere in 
this Act, there is hereby appropriated $291,715,000, to remain 
available until transferred: Provided, That these funds are appro-
priated to the ‘‘Tanker Replacement Transfer Fund’’ (referred to 
as ‘‘the Fund’’ elsewhere in this section): Provided further, That 
the Secretary of the Air Force may transfer amounts in the Fund 
to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft Procurement, 
Air Force’’, and ‘‘Research, Development, Test and Evaluation, Air 
Force’’, only for the purposes of proceeding with a tanker acquisition 
program: Provided further, That funds transferred shall be merged 
with and be available for the same purposes and for the same 
time period as the appropriations or fund to which transferred: 
Provided further, That this transfer authority is in addition to 
any other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of the Air Force shall, not 
fewer than 15 days prior to making transfers using funds provided 
in this section, notify the congressional defense committees in 
writing of the details of any such transfer: Provided further, That