102 
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 
request for multiple reprogrammings of funds using author-
ity provided in this section shall be made prior to June 
30, 2017. 
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 
(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 oth-
erwise made available in this or any other Act may be used 
to construct, acquire, or modify any facility in the United
103 
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 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. 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 Fis-
cal Year 2016 (Public Law 114–92) and section 1034 of
104 
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 Reso-
lution (50 U.S.C. 1541 et seq.). 
SEC. 8098. (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;
105 
(2) The armed forces of the Russian Federation 
have withdrawn from Crimea, other than armed 
forces present on military bases subject to agreements 
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. 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 avail-
able, under such regulations as the Secretary of Defense
106 
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 pay-
ments in amounts consistent with subsection (d) of this sec-
tion for damage, personal injury, or death that is incident 
to combat operations of the Armed Forces in a foreign coun-
try. 
(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-
107 
propriate in a particular setting, the amounts of payments, 
if any, to be provided to civilians determined to have suf-
fered 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 prevailing economic conditions. 
(e) LEGAL ADVICE.—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 De-
partment 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 including the 
number of types of cases considered, amounts offered, the 
response from ex gratia payment recipients, and any rec-
ommended modifications to the program.
108 
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 main-
tenance activities, shall be used to reduce or to prepare to 
reduce the number of deployed and non-deployed strategic 
delivery vehicles and launchers below the levels set forth in 
the report submitted to Congress in accordance with section 
1042 of the National Defense Authorization 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. 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. 8104. 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 per-
son; or
109 
(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 elec-
tronic communication services to the public pursuant 
to section 501 of the Foreign Intelligence Surveillance 
Act of 1978. 
SEC. 8105. 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 rati-
fication for the Treaty. 
SEC. 8106. 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 unless 
explicity provided for in a Defense Appropriations Act: 
Provided, 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. 8107. None of the funds made available in this 
Act may be obligated for activities authorized under section
110 
1208 of the Ronald W. Reagan National Defense Authoriza-
tion 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, or individuals unless 
the congressional defense committees are notified in accord-
ance with the direction contained in the classified annex 
accompanying this Act, not less than 15 days before initi-
ating such support: Provided, That none of the funds made 
available in this Act may be used under section 1208 for 
any activity that is not in support of an ongoing military 
operation being conducted by United States Special Oper-
ations 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 re-
quired by extraordinary circumstances and, by not later 
than 72 hours after making such waiver, notifies the con-
gressional defense committees of such waiver. 
SEC. 8108. 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.), includ-
ing for the introduction of United States armed forces into 
hostilities in Iraq, into situations in Iraq where imminent 
involvement in hostilities is clearly indicated by the cir-
cumstances, or into Iraqi territory, airspace, or waters 
while equipped for combat, in contravention of the congres-
111 
sional consultation and reporting requirements of sections 
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). 
SEC. 8109. None of the funds provided in this Act for 
the T–AO Fleet Oiler or the Towing, Salvage, and Rescue 
Ship programs shall be used to award a new contract that 
provides for the acquisition of the following components un-
less those components are manufactured in the United 
States: Auxiliary equipment (including pumps) for ship-
board services; propulsion equipment (including engines, 
reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes. 
SEC. 8110. The amount appropriated in title II of this 
Act for ‘‘Operation and Maintenance, Army’’ is hereby re-
duced by $75,000,000 to reflect excess cash balances in De-
partment of Defense Working Capital Funds. 
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 $1,007,267,000. 
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 and
112 
Department of Defense Instruction 1015.10 (enclosure 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. 
SEC. 8114. Of the amounts appropriated in this Act 
for ‘‘Operation and Maintenance, Navy’’, $289,255,000, to 
remain available until expended, may be used for any pur-
poses related to the National Defense Reserve Fleet estab-
lished under section 11 of the Merchant Ship Sales Act of 
1946 (50 U.S.C. 4405): Provided, That such amounts are 
available for reimbursements to the Ready Reserve Force, 
Maritime Administration account of the United States De-
partment of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve 
Fleet. 
SEC. 8115. None of the funds made available by this 
Act for the Joint Surveillance Target Attack Radar System 
recapitalization program may be obligated or expended for 
pre-milestone B activities after March 31, 2018, except for 
source selection and other activities necessary to enter the 
engineering and manufacturing development phase. 
SEC. 8116. None of the funds made available by this 
Act may be used to carry out the closure or realignment
124 
to the appropriate congressional committees: Provided fur-
ther, That funds provided under this heading may be used 
for the purpose of providing specialized training and pro-
curing supplies and specialized equipment and providing 
such supplies and loaning such equipment on a non-reim-
bursable basis to coalition forces supporting United States 
military and stability operations in Afghanistan and to 
counter the Islamic State of Iraq and the Levant, and 15 
days following notification to the appropriate congressional 
committees: Provided further, That funds provided under 
this heading may be used to support the Government of Jor-
dan, in such amounts as the Secretary of Defense may de-
termine, to enhance the ability of the armed forces of Jordan 
to increase or sustain security along its borders, upon 15 
days prior written notification to the congressional defense 
committees outlining the amounts intended to be provided 
and the nature of the expenses incurred: Provided further, 
That of the funds provided under this heading, not to exceed 
$750,000,000, to remain available until September 30, 
2019, shall be available to provide support and assistance 
to foreign security forces or other groups or individuals to 
conduct, support, or facilitate counterterrorism, crisis re-
sponse, or other Department of Defense security cooperation 
programs: Provided further, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-