109 
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 
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have withdrawn from Crimea, other than armed 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; 
and 
(3) agents of the Russian Federation have 
ceased taking active measures to destabilize the con-
trol of the Government of Ukraine over eastern 
Ukraine.
110 
(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. 
SEC. 8106. 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. 8107. None of the funds appropriated in this 
or any other Act may be obligated or expended by the 
United States Government for the direct personal benefit 
of the President of Afghanistan. 
SEC. 8108. (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)
111 
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 
(3) the property damage, personal injury, or 
death was not caused by action by an enemy. 
(c) NATURE OF PAYMENTS.—Any payments provided 
under a program under subsection (a) shall not be consid-
ered an admission or acknowledgement of any legal obliga-
tion to compensate for any damage, personal injury, or 
death. 
(d) AMOUNT OF PAYMENTS.—If the Secretary of De-
fense determines a program under subsection (a) to be ap-
propriate in a particular setting, the amounts of pay-
ments, 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
112 
pursuant to regulations prescribed by the Secretary and 
based on an assessment, which should include such factors 
as cultural appropriateness and prevailing economic condi-
tions. 
(e) LEGAL ADVICE.—Local military commanders 
shall receive legal advice before making ex gratia pay-
ments under this subsection. The legal advisor, under reg-
ulations 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) WRITTEN RECORD.—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 appro-
priate office in the Department of Defense as determined 
by the Secretary of Defense. 
(g) REPORT.—The Secretary of Defense shall report 
to the congressional defense committees on an annual 
basis the efficacy of the ex gratia payment program in-
cluding the number of types of cases considered, amounts 
offered, the response from ex gratia payment recipients, 
and any recommended modifications to the program. 
(h) LIMITATION.—Nothing in this section shall be 
deemed to provide any new authority to the Secretary of 
Defense.
113 
SEC. 8109. 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. 8110. The Secretary of Defense shall post grant 
awards on a public Web site in a searchable format. 
SEC. 8111. None of the funds made available by this 
Act may be used to realign forces at Lajes Air Force Base, 
Azores, Portugal, until the Secretary of Defense certifies 
to the congressional defense committees that the Secretary 
of Defense has determined, based on an analysis of oper-
ational requirements, that Lajes Air Force Base is not an 
optimal location for the Joint Intelligence Analysis Com-
plex. 
SEC. 8112. 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
114 
the United States was canceled during the current fiscal 
year due to insufficient funding. 
SEC. 8113. 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 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. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8114. In addition to amounts provided else-
where in this Act for basic allowance for housing for mili-
tary personnel, including active duty, reserve and National 
Guard personnel, $400,000,000 is hereby appropriated to 
the Department of Defense and made available for trans-
fer only to military personnel accounts: Provided, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act.
115 
SEC. 8115. 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. 8116. None of the funds made available by this 
Act may be used to transfer or divest AH–64 Apache heli-
copters from the Army National Guard to the active Army 
in fiscal year 2016: Provided, That the Secretary of the 
Army shall ensure the continuing readiness of the AH– 
64 Apache aircraft and ensure the training of the crews 
of such aircraft during fiscal year 2016, including the allo-
cation of funds for operation and maintenance and per-
sonnel connected with such aircraft: Provided further, 
That this section shall continue in effect through the date 
of enactment of the National Defense Authorization Act 
for Fiscal Year 2016. 
SEC. 8117. 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