be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8061. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 45 days after a report, including a de-
scription of the project, the planned acquisition and transi-
tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees. 
SEC. 8062. The Secretary of Defense shall continue to 
provide a classified quarterly report to the House and Sen-
ate Appropriations Committees, Subcommittees on Defense 
on certain matters as directed in the classified annex ac-
companying this Act. 
SEC. 8063. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of the 
National Guard serving on full-time National Guard duty 
under section 502(f) of title 32, United States Code, may 
perform duties in support of the ground-based elements of 
the National Ballistic Missile Defense System. 
SEC. 8064. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary tracer (API–T)’’, except to an entity performing 
demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of 
State. 
SEC. 8065. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fraternal 
nonprofit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case- 
by-case basis. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8066. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$138,103,000 shall remain available until expended: Pro-
vided, That, notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such funds 
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter 
into and carry out contracts for the acquisition of real 
property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section: 
Provided further, That contracts entered into under the au-
thority of this section may provide for such indemnification 
as the Secretary determines to be necessary: Provided fur-
ther, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as deter-
mined by the Secretary of Defense. 
SEC. 8067. (a) None of the funds appropriated in this 
or any other Act may be used to take any action to mod-
ify— 
(1) the appropriations account structure for the 
National Intelligence Program budget, including
through the creation of a new appropriation or new 
appropriation account; 
(2) how the National Intelligence Program budg-
et request is presented in the unclassified P–1, R–1, 
and O–1 documents supporting the Department of 
Defense budget request; 
(3) the process by which the National Intelligence 
Program appropriations are apportioned to the exe-
cuting agencies; or 
(4) the process by which the National Intelligence 
Program appropriations are allotted, obligated and 
disbursed. 
(b) Nothing in subsection (a) shall be construed to pro-
hibit the merger of programs or changes to the National 
Intelligence Program budget at or below the Expenditure 
Center level, provided such change is otherwise in accord-
ance with paragraphs (a)(1)–(3). 
(c) The Director of National Intelligence and the Sec-
retary of Defense may jointly, only for the purposes of 
achieving auditable financial statements and improving fis-
cal reporting, study and develop detailed proposals for al-
ternative financial management processes. Such study shall 
include a comprehensive counterintelligence risk assessment 
to ensure that none of the alternative processes will ad-
versely affect counterintelligence.
(d) Upon development of the detailed proposals defined 
under subsection (c), the Director of National Intelligence 
and the Secretary of Defense shall— 
(1) provide the proposed alternatives to all af-
fected agencies; 
(2) receive certification from all affected agencies 
attesting that the proposed alternatives will help 
achieve auditability, improve fiscal reporting, and 
will not adversely affect counterintelligence; and 
(3) not later than 30 days after receiving all nec-
essary certifications under paragraph (2), present the 
proposed alternatives and certifications to the con-
gressional defense and intelligence committees. 
SEC. 8068. In addition to amounts provided elsewhere 
in this Act, $10,000,000 is hereby appropriated to the De-
partment of Defense, to remain available for obligation 
until expended: Provided, That notwithstanding any other 
provision of law, that upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and fur-
nishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Navy’’, up to $1,000,000 shall be 
available for transfer to the John C. Stennis Center for Pub-
lic Service Development Trust Fund established under sec-
tion 116 of the John C. Stennis Center for Public Service 
Training and Development Act (2 U.S.C. 1105). 
SEC. 8070. None of the funds available to the Depart-
ment of Defense may be obligated to modify command and 
control relationships to give Fleet Forces Command oper-
ational and administrative control of United States Navy 
forces assigned to the Pacific fleet: Provided, That the com-
mand and control relationships which existed on October 
1, 2004, shall remain in force until a written modification 
has been proposed to the House and Senate Appropriations 
Committees: Provided further, That the proposed modifica-
tion may be implemented 30 days after the notification un-
less an objection is received from either the House or Senate 
Appropriations Committees: Provided further, That any 
proposed modification shall not preclude the ability of the 
commander of United States Indo-Pacific Command to 
meet operational requirements. 
SEC. 8071. Any notice that is required to be submitted 
to the Committees on Appropriations of the Senate and the 
House of Representatives under section 806(c)(4) of the Bob
Stump National Defense Authorization Act for Fiscal Year 
2003 (10 U.S.C. 2302 note) after the date of the enactment 
of this Act shall be submitted pursuant to that requirement 
concurrently to the Subcommittees on Defense of the Com-
mittees on Appropriations of the Senate and the House of 
Representatives. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’, 
$500,000,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $95,000,000 shall be for the 
Secretary of Defense to provide to the Government of Israel 
for the procurement of the Iron Dome defense system to 
counter short-range rocket threats, subject to the U.S.-Israel 
Iron 
Dome 
Procurement 
Agreement, 
as 
amended; 
$191,000,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, including cruise missile de-
fense research and development under the SRBMD pro-
gram, of which $50,000,000 shall be for co-production ac-
tivities of SRBMD systems in the United States and in 
Israel to meet Israel’s defense requirements consistent with 
each nation’s laws, regulations, and procedures, subject to 
the U.S.-Israeli co-production agreement for SRBMD, as 
amended; $55,000,000 shall be for an upper-tier component
to the Israeli Missile Defense Architecture, of which 
$55,000,000 shall be for co-production activities of Arrow 
3 Upper Tier systems in the United States and in Israel 
to meet Israel’s defense requirements consistent with each 
nation’s laws, regulations, and procedures, subject to the 
U.S.-Israeli co-production agreement for Arrow 3 Upper 
Tier, as amended; and $159,000,000 shall be for the Arrow 
System Improvement Program including development of a 
long range, ground and airborne, detection suite: Provided 
further, That the transfer authority provided under this 
provision is in addition to any other transfer authority con-
tained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$104,700,000 shall be available until September 30, 2020, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the Navy 
shall transfer funds to the following appropriations in the 
amounts specified: Provided further, That the amounts 
transferred shall be merged with and be available for the 
same purposes as the appropriations to which transferred 
to:
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2020: Littoral Combat Ship 
$14,000,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2020: Expeditionary Sea Base 
$38,000,000; 
(3) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2018/2020: 
TAO 
Fleet 
Oiler 
$3,700,000; and 
(4) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2019/2020: Expeditionary Fast 
Transport $49,000,000. 
SEC. 8074. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 3094) during fiscal year 2020 
until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2020. 
SEC. 8075. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or 
activity must be undertaken immediately in the interest of
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8076. The budget of the President for fiscal year 
2021 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed 
Forces’ participation in contingency operations for the 
Military Personnel accounts, the Operation and Mainte-
nance accounts, the Procurement accounts, and the Re-
search, Development, Test and Evaluation accounts: Pro-
vided, That these documents shall include a description of 
the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve 
components, and for each appropriations account: Provided 
further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation 
of increases and decreases for each contingency operation, 
and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents 
shall include budget exhibits OP–5 and OP–32 (as defined 
in the Department of Defense Financial Management Regu-
lation) for all contingency operations for the budget year 
and the two preceding fiscal years.
SEC. 8077. None of the funds in this Act may be used 
for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile de-
fense system. 
SEC. 8078. The Secretary of Defense may use up to 
$650,000,000 of the amounts appropriated or otherwise 
made available in this Act to the Department of Defense 
for the rapid acquisition and deployment of supplies and 
associated support services pursuant to section 806 of the 
Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note), but 
only for the purposes specified in clauses (i), (ii), (iii), and 
(iv) of subsection (c)(3)(B) of such section and subject to 
the applicable limits specified in clauses (i), (ii), and (iii) 
of such subsection and, in the case of clause (iv) of such 
subsection, subject to a limit of $50,000,000: Provided, That 
the Secretary of Defense shall notify the congressional de-
fense committees promptly of all uses of such authority. 
SEC. 8079. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8080. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence activities: Provided, That information pertaining to 
United States persons shall only be handled in accordance 
with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Execu-
tive Order No. 12333. 
SEC. 8081. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
quisition, or other program authority relating to current 
tactical unmanned aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aerial 
Vehicle (UAV) in order to support the Secretary of Defense 
in matters relating to the employment of unmanned aerial 
vehicles. 
SEC. 8082. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
rent fiscal year, except for funds appropriated for research
and technology, which shall remain available until Sep-
tember 30, 2021. 
SEC. 8083. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8084. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2020: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest.
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence cer-
tifies in writing to the congressional intelligence committees 
that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8085. Notwithstanding any other provision of 
law, any transfer of funds, appropriated or otherwise made 
available by this Act, for support to friendly foreign coun-
tries in connection with the conduct of operations in which 
the United States is not participating, pursuant to section 
331(d) of title 10, United States Code, shall be made in 
accordance with section 8005 or 9002 of this Act, as appli-
cable. 
SEC. 8086. Any transfer of amounts appropriated to, 
credited to, or deposited in the Department of Defense Ac-
quisition Workforce Development Fund in or for fiscal year 
2020 to a military department or Defense Agency pursuant 
to section 1705(e)(1) of title 10, United States Code, shall 
be covered by and subject to section 8005 or 9002 of this 
Act, as applicable. 
SEC. 8087. None of the funds made available by this 
Act for excess defense articles, assistance under section 333
of title 10, United States Code, or peacekeeping operations 
for the countries designated annually to be in violation of 
the standards of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c–1) may be used to 
support any military training or operation that includes 
child soldiers, as defined by the Child Soldiers Prevention 
Act of 2008, unless such assistance is otherwise permitted 
under section 404 of the Child Soldiers Prevention Act of 
2008. 
SEC. 8088. (a) None of the funds provided for the Na-
tional Intelligence Program in this or any prior appropria-
tions Act shall be available for obligation or expenditure 
through a reprogramming or transfer of funds in accord-
ance with section 102A(d) of the National Security Act of 
1947 (50 U.S.C. 3024(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
(3) transfers funding into or out of the National 
Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are 
notified 30 days in advance of such reprogramming 
of funds; this notification period may be reduced for 
urgent national security requirements.
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with sec-
tion 102A(d) of the National Security Act of 1947 (50 
U.S.C. 3024(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex accom-
panying the Act unless the congressional intelligence com-
mittees are notified 30 days in advance of such reprogram-
ming of funds; this notification period may be reduced for 
urgent national security requirements. 
SEC. 8089. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made in 
title II of this Act for ‘‘Operation and Maintenance, Army’’, 
‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 
Maintenance, Air Force’’ may be transferred by the mili-
tary department concerned to its central fund established 
for Fisher Houses and Suites pursuant to section 2493(d) 
of title 10, United States Code. 
SEC. 8091. None of the funds appropriated by this Act 
may be available for the purpose of making remittances to 
the Department of Defense Acquisition Workforce Develop-
ment Fund in accordance with section 1705 of title 10, 
United States Code. 
SEC. 8092. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agency 
that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less 
than 45 days. 
SEC. 8093. (a) None of the funds appropriated or oth-
erwise made available by this Act may be expended for any
100 
Federal contract for an amount in excess of $1,000,000, un-
less the contractor agrees not to— 
(1) enter into any agreement with any of its em-
ployees or independent contractors that requires, as a 
condition of employment, that the employee or inde-
pendent contractor agree to 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 sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion; 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 arbitration 
any claim under title VII of the Civil Rights Act of 
1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion. 
(b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal con-
tract unless the contractor certifies that it requires each cov-
101 
ered 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 independent contractor per-
forming work related to such subcontract. For purposes of 
this subsection, a ‘‘covered subcontractor’’ is an entity that 
has a subcontract in excess of $1,000,000 on a contract sub-
ject to subsection (a). 
(c) The 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 en-
forced 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 waiv-
er 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 Sec-
102 
retary of Defense shall transmit to Congress, and simulta-
neously make public, any determination under this sub-
section 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 trans-
fer to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund in ac-
cordance 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, con-
sisting of the North Chicago Veterans Affairs Medical Cen-
ter, the Navy Ambulatory Care Center, and supporting fa-
cilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110–417: Pro-
vided further, That additional funds may be transferred 
from funds appropriated for operation and maintenance for 
the Defense Health Program to the Joint Department of De-
fense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Sec-
103 
retary of Defense to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 8095. None of the funds appropriated or other-
wise made available by this Act may be used by the Depart-
ment 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 Depart-
ment 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 ap-
plicable 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 intelligence require-
ments, 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
104 
request for multiple reprogrammings of funds using author-
ity provided in this section shall be made prior to June 
30, 2020. 
SEC. 8098. 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 
(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. 8099. 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 Fis-
cal 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).
105 
SEC. 8100. None of the funds made available by this 
Act may be used in contravention of the War Powers Reso-
lution (50 U.S.C. 1541 et seq.). 
SEC. 8101. (a) None of the funds appropriated or oth-
erwise 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 guar-
antee 
to 
Rosoboronexport 
or 
any 
subsidiary 
of 
Rosoboronexport. 
(b) The Secretary of Defense may waive the limitation 
in subsection (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 le-
thal 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 agreements
106 
in force between the Government of the Russian Fed-
eration 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 Sec-
retary 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 sub-
mit to the congressional defense committees a report con-
taining 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 oth-
erwise 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
107 
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 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.
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(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 
(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 com-
bat 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 in-
clude such factors as cultural appropriateness and pre-
vailing economic conditions.