103 
(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 
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have withdrawn from Crimea, other than armed 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
104 
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. 
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;
105 
(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 
(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.
106 
(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 
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-
107 
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), 
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
108 
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 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.
109 
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-
port to, foreign forces, irregular forces, groups, or individ-
uals unless the congressional defense committees are noti-
fied in accordance with the direction contained in the clas-
sified annex accompanying this Act, not less than 15 days 
before initiating such support: Provided, That none of the 
funds made available in this Act may be used under sec-
tion 1208 for any activity that is not in support of an 
ongoing military operation being conducted by United 
States Special Operations Forces to combat terrorism: 
Provided further, That the Secretary of Defense may waive 
the prohibitions in this section if the Secretary determines 
that such waiver is required by extraordinary cir-
cumstances and, by not later than 72 hours after making 
such waiver, notifies the congressional defense committees 
of such waiver. 
SEC. 8109. None of the funds made available by this 
Act may be used with respect to Iraq in contravention of 
the War Powers Resolution (50 U.S.C. 1541 et seq.), in-
cluding for the introduction of United States armed forces 
into hostilities in Iraq, into situations in Iraq where immi-
110 
nent involvement in hostilities is clearly indicated by the 
circumstances, or into Iraqi territory, airspace, or waters 
while equipped for combat, in contravention of the con-
gressional consultation and reporting requirements of sec-
tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 
1543). 
SEC. 8110. None of the funds provided in this Act 
for the TAO Fleet Oiler program shall be used to award 
a new contract that provides for the acquisition of the fol-
lowing components unless those components are manufac-
tured in the United States: Auxiliary equipment (including 
pumps) for shipboard services; propulsion equipment (in-
cluding engines, reduction gears, and propellers); ship-
board cranes; and spreaders for shipboard cranes. 
SEC. 8111. Notwithstanding any other provision of 
this Act, to reflect savings due to lower than anticipated 
fuel costs, the total amount appropriated in title II of this 
Act is hereby reduced by $5,000,000. 
SEC. 8112. None of the funds made available by this 
Act may be used for Government Travel Charge Card ex-
penses by military or civilian personnel of the Department 
of Defense for gaming, or for entertainment that includes 
topless or nude entertainers or participants, as prohibited 
by Department of Defense FMR, Volume 9, Chapter 3
111 
and Department of Defense Instruction 1015.10 (enclo-
sure 3, 14a and 14b). 
SEC. 8113. None of the funds made available by this 
Act may be used to propose, plan for, or execute a new 
or additional Base Realignment and Closure (BRAC) 
round. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8114. Of the amounts appropriated in this Act, 
the Secretary of Defense may use up to $117,642,000 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, and up to $39,400,000 under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense- 
Wide’’ to develop, replace, and sustain Federal Govern-
ment security and suitability background investigation in-
formation technology systems of the Office of Personnel 
Management or other Federal agency responsible for con-
ducting such investigations: Provided, That the Secretary 
may transfer additional amounts into these headings or 
into ‘‘Procurement, Defense-Wide’’ using established re-
programming procedures prescribed in the Department of 
Defense Financial Management Regulation 7000.14, Vol-
ume 3, Chapter 6, dated September 2015: Provided fur-
ther, That such funds shall supplement, not supplant any 
other amounts made available to other Federal agencies 
for such purposes.
112 
SEC. 8115. None of the funds made available by this 
Act may be used to carry out the closure or realignment 
of the United States Naval Station, Guanta´namo Bay, 
Cuba. 
SEC. 8116. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network is designed to block access 
to pornography websites. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities, 
or for any activity necessary for the national defense, in-
cluding intelligence activities. 
SEC. 8117. Notwithstanding any other provision of 
law, any transfer of funds appropriated or otherwise made 
available by this Act to the Global Engagement Center es-
tablished by section 1287 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 114–328; 
130 Stat. 22 U.S.C. 2656 note) shall be made in accord-
ance with section 8005 or 9002 of this Act, as applicable. 
SEC. 8118. In addition to amounts provided else-
where in this Act, there is appropriated $270,000,000, for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to remain available until expended: Pro-
113 
vided, That such funds shall only be available to the Sec-
retary of Defense, acting through the Office of Economic 
Adjustment of the Department of Defense, or for transfer 
to the Secretary of Education, notwithstanding any other 
provision of law, to make grants, conclude cooperative 
agreements, or supplement other Federal funds to con-
struct, renovate, repair, or expand elementary and sec-
ondary public schools on military installations in order to 
address capacity or facility condition deficiencies at such 
schools: Provided further, That in making such funds 
available, the Office of Economic Adjustment or the Sec-
retary of Education shall give priority consideration to 
those military installations with schools having the most 
serious capacity or facility condition deficiencies as deter-
mined by the Secretary of Defense: Provided further, That 
as a condition of receiving funds under this section a local 
educational agency or State shall provide a matching share 
as described in the notice titled ‘‘Department of Defense 
Program for Construction, Renovation, Repair or Expan-
sion of Public Schools Located on Military Installations’’ 
published by the Department of Defense in the Federal 
Register on September 9, 2011 (76 Fed. Reg. 55883 et 
seq.): Provided further, That these provisions apply to 
funds provided under this section, and to funds previously 
provided by Congress to construct, renovate, repair, or ex-
114 
pand elementary and secondary public schools on military 
installations in order to address capacity or facility condi-
tion deficiencies at such schools to the extent such funds 
remain unobligated on the date of enactment of this sec-
tion. 
SEC. 8119. In carrying out the program described in 
the memorandum on the subject of ‘‘Policy for Assisted 
Reproductive Services for the Benefit of Seriously or Se-
verely Ill/Injured (Category II or III) Active Duty Service 
Members’’ issued by the Assistant Secretary of Defense 
for Health Affairs on April 3, 2012, and the guidance 
issued to implement such memorandum, the Secretary of 
Defense shall apply such policy and guidance, except 
that— 
(1) the limitation on periods regarding embryo 
cryopreservation and storage set forth in part III(G) 
and in part IV(H) of such memorandum shall not 
apply; and 
(2) the term ‘‘assisted reproductive technology’’ 
shall include embryo cryopreservation and storage 
without 
limitation 
on 
the 
duration 
of 
such 
cryopreservation and storage. 
SEC. 8120. None of the funds made available by this 
Act may be used to provide arms, training, or other assist-
ance to the Azov Battalion.
115 
SEC. 8121. None of the funds made available by this 
Act may be used to purchase heavy water from Iran. 
SEC. 8122. The amount appropriated in title II of 
this Act for ‘‘Operation and Maintenance, Army’’ is here-
by reduced by $50,000,000 to reflect excess cash balances 
in Department of Defense Working Capital Funds. 
SEC. 8123. The amount appropriated in title II of 
this Act for ‘‘Operation and Maintenance, Navy’’ is hereby 
reduced by $50,000,000 to reflect excess cash balances in 
Department of Defense Working Capital Funds. 
SEC. 8124. None of the funds made available by this 
Act may be used to carry out the changes to the Joint 
Travel Regulations of the Department of Defense de-
scribed in the memorandum of the Per Diem Travel and 
Transportation Allowance Committee titled ‘‘UTD/CTD 
for MAP 118–13/CAP 118–13 - Flat Rate Per Diem for 
Long Term TDY’’ and dated October 1, 2014. 
SEC. 8125. None of the funds made available by this 
or any other Act may be obligated or expended to divest 
more than one E-8C aircraft unless the Secretary of the 
Air Force certifies to the congressional defense committees 
that funds made available in this or any other Act have 
been obligated pursuant to the award of one or more con-
tracts to continue the Joint Surveillance Target Attack 
Radar System recapitalization program.
116 
SEC. 8126. None of the funds provided for, or other-
wise made available, in this or any other Act, may be obli-
gated or expended by the Secretary of Defense to provide 
motorized vehicles, aviation platforms, munitions other 
than small arms and munitions appropriate for customary 
ceremonial honors, operational military units, or oper-
ational military platforms if the Secretary determines that 
providing such units, platforms, or equipment would un-
dermine the readiness of such units, platforms, or equip-
ment. 
SEC. 8127. (a) None of the funds made available by 
this Act to the Secretary of Defense or the Secretary of 
any military department may be used to enter into a con-
tract for the acquisition of furnished energy for the new 
Rhine Ordnance Barracks Army Medical Center until the 
Secretary of Defense submits to the congressional defense 
committees a written certification that— 
(1) the source of furnished energy for such 
Medical Center will minimize the use of fuels 
sourced from inside the Russian Federation; 
(2) the design of such Medical Center will uti-
lize a diversified energy supply from a mixed-fuel 
system as the source of furnished energy to sustain 
mission critical operations during any sustained en-
117 
ergy supply disruption caused by the Russian Fed-
eration; and 
(3) to the extent available, domestically-sourced 
fuels shall be the preferred source for furnished en-
ergy for such Medical Center. 
(b) Subsection (a) shall not apply if the Secretary of 
Defense certifies to the congressional defense committees 
that a waiver of such subsection is necessary to protect 
the national security interests of the United States. 
SEC. 8128. The Secretary of Defense may obligate 
and expend funds made available under this or any other 
Act for procurement or for research, development, test and 
evaluation for the F–35 Joint Strike Fighter to modify 
up to six F–35 aircraft, including up to two F–35 aircraft 
of each variant, to a test configuration: Provided, That 
the Secretary of Defense shall, with the concurrence of 
the Secretary of the Air Force and the Secretary of the 
Navy, notify the congressional defense committees not 
fewer than 30 days prior to obligating and expending 
funds under this section. 
SEC. 8129. Amounts appropriated for ‘‘Defense 
Health Program’’ in this Act and hereafter may be obli-
gated to make death gratuity payments, as authorized in 
subchapter II of chapter 75 of title 10, United States 
Code, if no appropriation for ‘‘Military Personnel’’ is avail-
118 
able for obligation for such payments: Provided, That such 
obligations may subsequently be recorded against appro-
priations available for ‘‘Military Personnel’’. 
SEC. 8130. None of the funds appropriated or other-
wise made available by this or any other Act may be obli-
gated or expended by the Department of Defense to mi-
grate data and applications to the proposed Joint Enter-
prise Defense Infrastructure or the Defense Enterprise 
Office Solutions cloud computing services until a period 
of 90 days has elapsed following the date on which the 
Secretary of Defense submits to the congressional defense 
committees— 
(1) a proposed plan to establish a budget ac-
counting system that provides transparency across 
the Department, including all military Services and 
Defense Agencies, for funds requested and expended 
for all cloud computing services procured by the De-
partment and funds requested and expended to mi-
grate to a cloud computing environment; and 
(2) a detailed description of the Department’s 
strategy to implement enterprise-wide cloud com-
puting, including the goals and acquisition strategies 
for all proposed enterprise-wide cloud computing 
service procurements; the strategy to sustain com-
petition and innovation throughout the period of
119 
performance of each contract, including defining op-
portunities for multiple cloud service providers and 
insertion of new technologies; and an assessment of 
potential threats and security vulnerabilities of the 
proposed cloud computing strategy, and plans to 
mitigate such risks. 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $2,929,154,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $385,461,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
120 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $109,232,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $964,508,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $37,007,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $11,100,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-