H. R. 933—121 
(2) a delineation in the table for each appropriation by 
Expenditure Center and project; and 
(3) an identification of items of special congressional 
interest. 
(b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of 
National Intelligence certifies in writing to the congressional intel-
ligence committees that such reprogramming or transfer is nec-
essary as an emergency requirement. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8089. Of the funds appropriated in the Intelligence 
Community Management Account for the Program Manager for 
the Information Sharing Environment, $20,000,000 is available for 
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. 8090. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall 
be available for obligation or expenditure through a reprogramming 
or transfer of funds in accordance with section 102A(d) of the 
National Security Act of 1947 (50 U.S.C. 403–1(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated funding of 
$10,000,000 or more; 
(3) transfers funding into or out of the National Intelligence 
Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are notified 30 
days in advance of such reprogramming of funds; this notification 
period may be reduced for urgent national security requirements. 
(b) None of the funds provided for the National Intelligence 
Program in this or any prior appropriations Act shall be available 
for obligation or expenditure through a reprogramming or transfer 
of funds in accordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 403–1(d)) that results in a cumulative 
increase or decrease of the levels specified in the classified annex 
accompanying the Act unless the congressional intelligence commit-
tees are notified 30 days in advance of such reprogramming of 
funds; this notification period may be reduced for urgent national 
security requirements. 
SEC. 8091. The Director of National Intelligence shall submit 
to Congress each year, at or about the time that the President’s 
budget is submitted to Congress that year under section 1105(a) 
of title 31, United States Code, a future-years intelligence program 
(including associated annexes) reflecting the estimated expenditures 
and proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal year with 
respect to which the budget is submitted and at least the four 
succeeding fiscal years.
H. R. 933—122 
SEC. 8092. For the purposes of this Act, the term ‘‘congressional 
intelligence committees’’ means the Permanent Select Committee 
on Intelligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on Appropria-
tions of the Senate. 
SEC. 8093. The Department of Defense shall continue to report 
incremental contingency operations costs for Operation New Dawn 
and Operation Enduring Freedom, or any other named operations 
in the U.S. Central Command area of operation on a monthly 
basis in the Cost of War Execution Report as prescribed in the 
Department of Defense Financial Management Regulation Depart-
ment of Defense Instruction 7000.14, Volume 12, Chapter 23 
‘‘Contingency Operations’’, Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8094. During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of 
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ 
may be transferred by the military department concerned to its 
central fund established for Fisher Houses and Suites pursuant 
to section 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8095. 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. 8096. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
Web site 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. 8097. (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, unless the contractor 
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 
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
H. R. 933—123 
(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 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. 8098. None of the funds made available under this Act 
may be distributed to the Association of Community Organizations 
for Reform Now (ACORN) or its subsidiaries. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8099. From within the funds appropriated for operation 
and maintenance for the Defense Health Program in this Act, 
up to $139,204,000, shall be available for transfer to the Joint 
Department of Defense-Department of Veterans Affairs Medical 
Facility Demonstration Fund in accordance with the provisions 
of section 1704 of the National Defense Authorization Act for Fiscal 
Year 2010, Public Law 111–84: Provided, That for purposes of 
section 1704(b), the facility operations funded are operations of 
the integrated Captain James A. Lovell Federal Health Care Center, 
consisting of the North Chicago Veterans Affairs Medical Center, 
the Navy Ambulatory Care Center, and supporting facilities des-
ignated as a combined Federal medical facility as described by
H. R. 933—124 
section 706 of Public Law 110–417: Provided further, That addi-
tional funds may be transferred from funds appropriated for oper-
ation and maintenance for the Defense Health Program to the 
Joint Department of Defense-Department of Veterans Affairs Med-
ical Facility Demonstration Fund upon written notification by the 
Secretary of Defense to the Committees on Appropriations of the 
House of Representatives and the Senate. 
SEC. 8100. The Office of the Director of National Intelligence 
shall not employ more Senior Executive employees than are speci-
fied in the classified annex. 
SEC. 8101. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended 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. 
SEC. 8102. Appropriations available to the Department of 
Defense may be used for the purchase of heavy and light armored 
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 applicable to the purchase of passenger 
carrying vehicles. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8103. There is hereby established in the Treasury of 
the United States the ‘‘Ship Modernization, Operations and 
Sustainment Fund’’. There is appropriated $2,382,100,000, for the 
‘‘Ship Modernization, Operations and Sustainment Fund’’, to remain 
available until September 30, 2014: Provided, That the Secretary 
of the Navy shall transfer funds from the ‘‘Ship Modernization, 
Operations and Sustainment Fund’’ to appropriations for military 
personnel; operation and maintenance; research, development, test 
and evaluation; and procurement, only for the purposes of manning, 
operating, sustaining, equipping and modernizing the Ticonderoga- 
class guided missile cruisers CG–63, CG–64, CG–65, CG–66, CG– 
68, CG–69, CG–73, and the Whidbey Island-class dock landing 
ships LSD–41 and LSD–46: Provided further, That funds trans-
ferred shall be merged with and be available for the same purposes 
and for the same time period as the appropriation to which they 
are transferred: Provided further, That the transfer authority pro-
vided herein shall be in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
the Secretary of the Navy shall, not less than 30 days prior to 
making any transfer from the ‘‘Ship Modernization, Operations 
and Sustainment Fund’’, notify the congressional defense commit-
tees in writing of the details of such transfer. 
SEC. 8104. None of the funds made available by this Act may 
be used by the Secretary of Defense to take beneficial occupancy 
of more than 2,500 parking spaces (other than handicap-reserved 
spaces) to be provided by the BRAC 133 project: Provided, That 
this limitation may be waived in part if: (1) the Secretary of Defense 
certifies to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing levels 
of service as defined by the Transportation Research Board Highway