123STA T . 3 45 5 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 out o fsex u al assault o rh arass m e n t ,i n c lu d in g assault and b atter y , intentional infliction of emotional distress, false im p ris - onment, or negligent hiring, super v ision, or retention
or (2) ta k e any action to enforce any provision of an existing agreement w ith an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VI Iofthe C ivil R ights A ct 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) N one of the funds appropriated or otherwise made available by this Act may be expended for any F ederal contract awarded more than 1 80 days after the effective date of this Act unless the contractor certifies that it re q uires 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 ’ ’isan entity that has a subcontract in excess of $ 1,000,000 on a contract sub j ect to subsection (a). (c) T he 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 U nited S tates. (d) The Secretary of D efense 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 1 5 business days before the contract or subcontract addressed in the determination may be awarded. S EC . 811 7 . (a) PROHIB I T IO N ON CON V ER S ION O F F U NCTIONS PER- FOR M E D B Y FEDER ALE M P LOYEES 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 L aw 110 –3 29), 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 O ffice of M anagement and B udget (OMB) Circular A–76. (b) E X CEPTION.—The prohibition in subsection (a) shall not apply to the award of a function to a contractor or the conversion Public i nformat ion .De a d line. W ai v er aut h orit y . Determination. T ime p eriod. C ertification.
