H. R. 1158—43 
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. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8094. From within the funds appropriated for operation 
and maintenance for the Defense Health Program in this Act, 
up to $127,000,000, 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 
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. 8095. None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Defense 
or a component thereof in contravention of the provisions of section 
130h of title 10, United States Code. 
SEC. 8096. 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 $450,000 per vehicle, notwithstanding 
price or other limitations applicable to the purchase of passenger 
carrying vehicles. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8097. 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 intel-
ligence requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
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, 2020. 
SEC. 8098. None of the funds appropriated or otherwise 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—
H. R. 1158—44 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, at United 
States Naval Station, Guanta´namo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 8099. None of the funds appropriated or otherwise 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 section 1034 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the 
John S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232). 
SEC. 8100. None of the funds made available by this Act may 
be used in contravention of the War Powers Resolution (50 U.S.C. 
1541 et seq.). 
SEC. 8101. (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 Depart-
ment of Defense, to enter into a contract, memorandum of under-
standing, or cooperative agreement with, or make a grant to, or 
provide a loan or loan guarantee to Rosoboronexport or any sub-
sidiary of Rosoboronexport. 
(b) The Secretary of Defense may waive the limitation in sub-
section (a) if the Secretary, in consultation with the Secretary 
of State and the Director of National Intelligence, determines that 
it is in the vital national security interest of the United States 
to do so, and certifies in writing to the congressional defense 
committees that, to the best of the Secretary’s knowledge: 
(1) Rosoboronexport has ceased the transfer of lethal mili-
tary equipment to, and the maintenance of existing lethal mili-
tary equipment for, the Government of the Syrian Arab 
Republic; 
(2) The armed forces of the Russian Federation have with-
drawn from Crimea, other than armed forces present on mili-
tary bases subject to agreements in force between the Govern-
ment of the Russian Federation and the Government of 
Ukraine; and 
(3) Agents of the Russian Federation have ceased taking 
active measures to destabilize the control of the Government 
of Ukraine over eastern Ukraine. 
(c) The Inspector General of the Department of Defense 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 General shall submit to the congressional defense commit-
tees a report containing the results of the review conducted with 
respect to such waiver. 
SEC. 8102. 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. 8103. (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,
H. R. 1158—45 
or possessions to house any individual described in subsection (c) 
for the purposes of detention or imprisonment in the custody or 
under the effective 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. 
SEC. 8104. (a) Of the funds appropriated in this Act for the 
Department of Defense, amounts should be made available, under 
such regulations as the Secretary of Defense may prescribe, to 
local military commanders appointed by the Secretary, or by an 
officer or employee designated 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 compensable under 
chapter 163 of title 10, United States Code (commonly known 
as the ‘‘Foreign Claims Act’’); and 
(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 acknowledgement 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 setting, 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 program should be determined pursuant to regulations 
prescribed by the Secretary and based on an assessment, which 
should include such factors as cultural appropriateness and pre-
vailing economic conditions. 
(e) Local military commanders shall receive legal advice before 
making ex gratia payments under this subsection. The legal advisor, 
under regulations of the Department of Defense, shall advise on 
whether an ex gratia payment is proper under this section and 
applicable Department 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 sub-
mitted to the appropriate office in the Department of Defense 
as determined by the Secretary of Defense.
H. R. 1158—46 
(g) The Secretary of Defense shall report to the congressional 
defense committees on an annual basis the efficacy of the ex gratia 
payment program including the number of types of cases considered, 
amounts offered, the response from ex gratia payment recipients, 
and any recommended modifications to the program. 
SEC. 8105. The Secretary of Defense shall post grant awards 
on a public website in a searchable format. 
SEC. 8106. The Secretary of each military department, in 
reducing each research, development, test and evaluation and 
procurement account of the military department as required under 
paragraph (1) of section 828(d) of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 
note), 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 Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 10 U.S.C. 2302 note) to transfer amounts available 
in the Rapid Prototyping Fund shall be subject to section 8005 
or 9002 of this Act, as applicable. 
SEC. 8107. 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, United States Code) 
of any electronic communication of a United States person 
from a provider of electronic communication services to the 
public pursuant to section 501 of the Foreign Intelligence 
Surveillance Act of 1978. 
SEC. 8108. 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 responsibilities 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 without the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of Acts 
providing supplemental appropriations for the Department of 
Defense. 
SEC. 8109. Of the amounts appropriated in this Act for ‘‘Oper-
ation and Maintenance, Navy’’, $352,044,000, to remain available 
until expended, may be used for any purposes related to the 
National Defense Reserve Fleet established under section 11 of 
the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided, 
That such amounts are available for reimbursements to the Ready 
Reserve Force, Maritime Administration account of the United 
States Department of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve Fleet. 
SEC. 8110. None of the funds made available in this Act may 
be obligated for activities authorized under section 1208 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support 
for, or expand support to, foreign forces, irregular forces, groups,