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(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. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $113,000,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
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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. 8091. None of the funds appropriated or other-
wise made available by this Act may be used by the De-
partment of Defense or a component thereof in contraven-
tion of the provisions of section 130h of title 10, United 
States Code. 
SEC. 8092. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of per-
sonnel or for force protection purposes up to a limit of 
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$450,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
exceed $1,500,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made 
prior to June 30, 2019. 
SEC. 8094. None of the funds appropriated or other-
wise made available in this or any other Act may be used 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
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(2) is or was held on or after June 24, 2009, 
at United States Naval Station, Guanta´namo Bay, 
Cuba, by the Department of Defense. 
SEC. 8095. (a) None of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the 
United States, its territories, or possessions to house any 
individual described in subsection (c) for the purposes of 
detention or imprisonment in the custody or under the ef-
fective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guanta´namo Bay, Cuba. 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guanta´namo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guanta´namo Bay, Cuba. 
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SEC. 8096. None of the funds appropriated or other-
wise made available in this Act may be used to transfer 
any individual detained at United States Naval Station 
Guanta´namo Bay, Cuba, to the custody or control of the 
individual’s country of origin, any other foreign country, 
or any other foreign entity except in accordance with sec-
tion 1034 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92) and section 1034 
of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328). 
SEC. 8097. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
SEC. 8098. (a) None of the funds appropriated or 
otherwise made available by this or any other Act may 
be used by the Secretary of Defense, or any other official 
or officer of the Department of Defense, to enter into a 
contract, memorandum of understanding, or cooperative 
agreement with, or make a grant to, or provide a loan 
or loan guarantee to Rosoboronexport or any subsidiary 
of Rosoboronexport. 
(b) The Secretary of Defense may waive the limita-
tion in subsection (a) if the Secretary, in consultation with 
the Secretary of State and the Director of National Intel-
ligence, determines that it is in the vital national security 
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interest of the United States to do so, and certifies in writ-
ing to the congressional defense committees that, to the 
best of the Secretary’s knowledge: 
(1) Rosoboronexport has ceased the transfer of 
lethal military equipment to, and the maintenance of 
existing lethal military equipment for, the Govern-
ment of the Syrian Arab Republic. 
(2) The armed forces of the Russian Federation 
have withdrawn from Crimea, other than armed 
forces present on military bases subject to agree-
ments in force between the Government of the Rus-
sian Federation and the Government of Ukraine. 
(3) Agents of the Russian Federation have 
ceased taking active measures to destabilize the con-
trol of the Government of Ukraine over eastern 
Ukraine. 
(c) The Inspector General of the Department of De-
fense shall conduct a review of any action involving 
Rosoboronexport with respect to a waiver issued by the 
Secretary of Defense pursuant to subsection (b), and not 
later than 90 days after the date on which such a waiver 
is issued by the Secretary of Defense, the Inspector Gen-
eral shall submit to the congressional defense committees 
a report containing the results of the review conducted 
with respect to such waiver. 
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SEC. 8099. None of the funds made available in this 
Act may be used for the purchase or manufacture of a 
flag of the United States unless such flags are treated as 
covered items under section 2533a(b) of title 10, United 
States Code. 
SEC. 8100. (a) Of the funds appropriated in this Act 
for the Department of Defense, amounts may be made 
available, under such regulations as the Secretary of De-
fense may prescribe, to local military commanders ap-
pointed by the Secretary, or by an officer or employee des-
ignated by the Secretary, to provide at their discretion ex 
gratia payments in amounts consistent with subsection (d) 
of this section for damage, personal injury, or death that 
is incident to combat operations of the Armed Forces in 
a foreign country. 
(b) An ex gratia payment under this section may be 
provided only if— 
(1) the prospective foreign civilian recipient is 
determined by the local military commander to be 
friendly to the United States; 
(2) a claim for damages would not be compen-
sable under chapter 163 of title 10, United States 
Code (commonly known as the ‘‘Foreign Claims 
Act’’); and 
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(3) the property damage, personal injury, or 
death was not caused by action by an enemy. 
(c) Any payments provided under a program under 
subsection (a) shall not be considered an admission or ac-
knowledgement of any legal obligation to compensate for 
any damage, personal injury, or death. 
(d) If the Secretary of Defense determines a program 
under subsection (a) to be appropriate in a particular set-
ting, the amounts of payments, if any, to be provided to 
civilians determined to have suffered harm incident to 
combat operations of the Armed Forces under the pro-
gram should be determined pursuant to regulations pre-
scribed by the Secretary and based on an assessment, 
which should include such factors as cultural appropriate-
ness and prevailing economic conditions. 
(e) Local military commanders shall receive legal ad-
vice before making ex gratia payments under this sub-
section. The legal advisor, under regulations of the De-
partment of Defense, shall advise on whether an ex gratia 
payment is proper under this section and applicable De-
partment of Defense regulations. 
(f) A written record of any ex gratia payment offered 
or denied shall be kept by the local commander and on 
a timely basis submitted to the appropriate office in the 
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Department of Defense as determined by the Secretary 
of Defense. 
(g) The Secretary of Defense shall report to the con-
gressional defense committees on an annual basis the effi-
cacy of the ex gratia payment program including the num-
ber of types of cases considered, amounts offered, the re-
sponse from ex gratia payment recipients, and any rec-
ommended modifications to the program. 
SEC. 8101. None of the funds available in this Act 
to the Department of Defense, other than appropriations 
made for necessary or routine refurbishments, upgrades 
or maintenance activities, shall be used to reduce or to 
prepare to reduce the number of deployed and non-de-
ployed strategic delivery vehicles and launchers below the 
levels set forth in the report submitted to Congress in ac-
cordance with section 1042 of the National Defense Au-
thorization Act for Fiscal Year 2012. 
SEC. 8102. The Secretary of Defense shall post grant 
awards on a public Website in a searchable format. 
SEC. 8103. The Secretary of each military depart-
ment, in reducing each research, development, test and 
evaluation and procurement account of the military de-
partment as required under paragraph (1) of section 
828(d) of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 
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as amended by section 825(a)(3) of the National Defense 
Authorization Act for Fiscal Year 2018, shall allocate the 
percentage reduction determined under paragraph (2) of 
such section 828(d) proportionally from all programs, 
projects, or activities under such account: Provided, That 
the authority under section 804(d)(2) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 10 U.S.C. 2302 note) to transfer amounts avail-
able in the Rapid Prototyping Fund shall be subject to 
section 8005 or 9002 of this Act, as applicable. 
SEC. 8104. None of the funds made available by this 
Act may be used to fund the performance of a flight dem-
onstration team at a location outside of the United States: 
Provided, That this prohibition applies only if a perform-
ance of a flight demonstration team at a location within 
the United States was canceled during the current fiscal 
year due to insufficient funding. 
SEC. 8105. None of the funds made available by this 
Act may be used by the National Security Agency to— 
(1) conduct an acquisition pursuant to section 
702 of the Foreign Intelligence Surveillance Act of 
1978 for the purpose of targeting a United States 
person; or 
(2) acquire, monitor, or store the contents (as 
such term is defined in section 2510(8) of title 18, 
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United States Code) of any electronic communica-
tion of a United States person from a provider of 
electronic communication services to the public pur-
suant to section 501 of the Foreign Intelligence Sur-
veillance Act of 1978. 
SEC. 8106. None of the funds made available by this 
Act may be obligated or expended to implement the Arms 
Trade Treaty until the Senate approves a resolution of 
ratification for the Treaty. 
SEC. 8107. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of any agency funded by this Act who 
approves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act: Pro-
vided, That this limitation shall not apply to transfers of 
funds expressly provided for in Defense Appropriations 
Acts, or provisions of Acts providing supplemental appro-
priations for the Department of Defense. 
SEC. 8108. None of the funds made available in this 
Act may be obligated for activities authorized under sec-
tion 1208 of the Ronald W. Reagan National Defense Au-
thorization Act for Fiscal Year 2005 (Public Law 112– 
81; 125 Stat. 1621) to initiate support for, or expand sup-
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