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distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional 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 Fed-
eral 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 sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
tractor’’ 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 
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•AMDT. NO. 4805 
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 applica-
tion 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 per-
sonally 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 subcontract is not 
longer than necessary to avoid such harm. The determina-
tion 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 Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
(e) By March 1, 2011, or within 60 days after enact-
ment of this Act, whichever is later, the Government Ac-
countability Office shall submit a report to the Congress 
evaluating the effect that the requirements of this section 
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•AMDT. NO. 4805 
have had on national security, including recommendations, 
if any, for changes to these requirements. 
SEC. 8107. (a) PROHIBITION ON CONVERSION OF 
FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO 
CONTRACTOR PERFORMANCE.—None of the funds appro-
priated by this Act or otherwise available to the Depart-
ment of Defense may be used to begin or announce the 
competition to award to a contractor or convert to per-
formance by a contractor any functions performed by Fed-
eral 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 of a function to performance by a con-
tractor 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. 8108. (a)(1) No National Intelligence Program 
funds appropriated in this Act may be used for a mission 
critical or mission essential business management infor-
mation technology system that is not registered with the 
Director of National Intelligence. A system shall be con-
sidered to be registered with that officer upon the fur-
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372 
•AMDT. NO. 4805 
nishing notice of the system, together with such informa-
tion concerning the system as the Director of the Business 
Transformation Office may prescribe. 
(2) During the current fiscal year no funds may be 
obligated or expended for a financial management auto-
mated information system, a mixed information system 
supporting financial and non-financial systems, or a busi-
ness system improvement of more than $3,000,000, within 
the Intelligence Community without the approval of the 
Business Transformation Office, and the designated Intel-
ligence Community functional lead element. 
(b) The Director of the Business Transformation Of-
fice 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 Trans-
formation Investment Review Board’s semi-annual activi-
ties, 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. 
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•AMDT. NO. 4805 
(3) Assurance the system is compatible with the 
enterprise-wide business architecture. 
(4) Performance measures. 
(5) An information assurance strategy con-
sistent with the Chief Information Officer of the In-
telligence Community. 
(c) This section shall not apply to any programmatic 
or analytic systems or programmatic or analytic system 
improvements. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8109. Of the funds appropriated in this Act for 
the Office of the Director of National Intelligence, 
$50,000,000, may be transferred to appropriations avail-
able to the Central Intelligence Agency, the National Secu-
rity Agency, and the National Geospatial Intelligence 
Agency, the Defense Intelligence Agency and the National 
Reconnaissance Office for the Business Transformation 
Transfer Funds, to be merged with and to be available 
for the same time period and the same purposes as the 
appropriation to which transferred: Provided, That the 
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8110. In addition to funds made available else-
where in this Act, there is hereby appropriated 
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•AMDT. NO. 4805 
$538,875,000, to remain available until transferred: Pro-
vided, That these funds are appropriated to the ‘‘Tanker 
Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 
elsewhere in this section): Provided further, That the Sec-
retary 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 addi-
tion to any other transfer authority available to the De-
partment 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, no-
tify the congressional defense committees in writing of the 
details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after 
the end of each fiscal quarter to the congressional defense 
committees summarizing the details of the transfer of 
funds from this appropriation. 
SEC. 8111. (a) Each congressionally directed spend-
ing item specified in this Act or the explanatory statement 
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•AMDT. NO. 4805 
regarding this Act intended for award to a for-profit entity 
shall be subject to acquisition regulations for full and open 
competition on the same basis as each spending item in-
tended for a for-profit entity that is contained in the budg-
et request of the President. 
(b) EXCEPTIONS.—Subsection (a) shall not apply to 
any contract awarded— 
(1) by a means that is required by Federal stat-
ute, including for a purchase made under a man-
dated preferential program; 
(2) pursuant to the Small Business Act (15 
U.S.C. 631 et seq.); or 
(3) in an amount less than the simplified acqui-
sition threshold described in section 302A(a) of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 252a(a)). 
(c) In this section, the term ‘‘congressionally directed 
spending item’’ means a congressionally directed spending 
item, as defined in Rule XLIV of the Standing Rules of 
the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8112. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $132,200,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
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•AMDT. NO. 4805 
ment 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 oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8113. (a) Of the amounts made available in this 
Act under the heading ‘‘Operation and Maintenance, 
Navy’’, not less than $2,000,000, shall be made available 
for leveraging the Army’s Contractor Manpower Reporting 
Application, modified as appropriate for Service-specific 
requirements, for documenting the number of full-time 
contractor employees (or its equivalent) pursuant to 
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•AMDT. NO. 4805 
United States Code title 10, section 2330a(c) and meeting 
the requirements of United States Code title 10, section 
2330a(e) and United States Code title 10, section 235. 
(b) Of the amounts made available in this Act under 
the heading ‘‘Operation and Maintenance, Air Force’’, not 
less than $2,000,000 shall be made available for 
leveraging the Army’s Contractor Manpower Reporting 
Application, modified as appropriate for Service-specific 
requirements, for documenting the number of full-time 
contractor employees (or its equivalent) pursuant to 
United States Code title 10 section 2330a(c) and meeting 
the requirements of United States Code title 10, section 
2330a(e) and United States Code title 10, section 235. 
(c) The Secretaries of the Army, Navy, Air Force, 
and the Directors of the Defense Agencies and Field Ac-
tivities (in coordination with the appropriate Principal 
Staff Assistant), in coordination with the Under Secretary 
of Defense for Personnel and Readiness, shall report to 
the congressional defense committees within 60 days of 
enactment of this Act their plan for documenting the num-
ber of full-time contractor employees (or its equivalent), 
as required by United States Code title 10, section 2330a. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8114. In addition to amounts provided else-
where in this Act, there is appropriated $250,000,000, for 
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•AMDT. NO. 4805 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to be available until expended: Provided, 
That such funds shall only be available to the Secretary 
of Defense, acting through the Office of Economic Adjust-
ment of the Department of Defense, or for transfer to the 
Secretary of Education, notwithstanding any other provi-
sion of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: 
Provided further, That in making such funds available, the 
Office of Economic Adjustment or the Secretary of Edu-
cation shall give priority consideration to those military 
installations with schools having the most serious capacity 
or facility condition deficiencies as determined by the Sec-
retary of Defense. 
SEC. 8115. In addition to amounts provided else-
where in this Act, there is appropriated $300,000,000, for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to remain available until expended. Such 
funds may be available for the Office of Economic Adjust-
ment, notwithstanding any other provision of law, for 
transportation infrastructure improvements associated 
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•AMDT. NO. 4805 
with medical facilities related to recommendations of the 
Defense Base Closure and Realignment Commission. 
SEC. 8116. Section 310(b) of the Supplemental Ap-
propriations Act, 2009 (Public Law 111–32; 124 Stat. 
1871) is amended by striking ‘‘1 year’’ both places it ap-
pears and inserting ‘‘2 years’’. 
SEC. 8117. The Office of the Director of National 
Intelligence shall not employ more Senior Executive em-
ployees than are specified in the classified annex: Pro-
vided, That not later than 90 days after enactment of this 
Act, the Director of National Intelligence shall certify that 
the Office of the Director of National Intelligence selects 
individuals for Senior Executive positions in a manner 
consistent with statutes, regulations, and the requirements 
of other Federal agencies in making such appointments 
and will submit its policies and procedures related to the 
appointment of personnel to Senior Executive positions to 
the congressional intelligence oversight committees. 
SEC. 8118. For all major defense acquisition pro-
grams for which the Department of Defense plans to pro-
ceed to source selection during the current fiscal year, the 
Secretary of Defense shall perform an assessment of the 
winning bidder to determine whether or not the proposed 
costs are realistic and reasonable with respect to proposed 
development and production costs. The Secretary of De-
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