H. R. 6523—214 
effects on operational plans, missions, deployment sched-
ules, and fulfillment of the requirements of the combatant 
commanders. 
‘‘(c) NAVAL COMPOSITION.—In submitting the plan under sub-
section (a), the Secretary shall ensure that such plan is in accord-
ance with section 5062(b) of this title. 
‘‘(d) ASSESSMENT
WHEN
BUDGET
IS
INSUFFICIENT.—If the 
budget for a fiscal year provides for funding of the construction 
of naval vessels at a level that is less than the level determined 
necessary by the Director of Cost Assessment and Program Evalua-
tion under subsection (b)(5), the Secretary of the Navy shall include 
with the defense budget materials for that fiscal year an assessment 
that describes and discusses the risks associated with the budget, 
including the risk associated with a reduced force structure that 
may result from funding naval vessel construction at such a level. 
‘‘(e) CBO EVALUATION.—Not later than 60 days after the date 
on which the congressional defense committees receive the plan 
under subsection (a), the Director of the Congressional Budget 
Office shall submit to such committees a report assessing the suffi-
ciency of the estimated levels of annual funding included in such 
plan with respect to the budget submitted during the year in 
which the plan is submitted and the future-years defense program 
submitted under section 221 of this title. 
‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In any year in 
which a quadrennial defense review is not submitted and the budget 
of the President submitted under section 1105(a) of title 31 
decreases the number of vessels requested in the future-years 
defense program submitted under section 221 of this title, the 
Secretary of the Navy shall submit to the congressional defense 
committees a report on such decrease including— 
‘‘(1) an addendum to the most recent quadrennial defense 
review that fully explains and justifies the decrease with respect 
to the national security strategy of the United States as set 
forth in the most recent national security strategy report of 
the President under section 108 of the National Security Act 
of 1947 (50 U.S.C. 404a); and 
‘‘(2) a description of the additional reviews and analyses 
considered by the Secretary after the previous quadrennial 
defense review was submitted that justify the decrease. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal year, means 
the budget for that fiscal year that is submitted to Congress 
by the President under section 1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with respect to 
a fiscal year, means the materials submitted to Congress by 
the Secretary of Defense in support of the budget for that 
fiscal year. 
‘‘(3) The term ‘quadrennial defense review’ means the 
review of the defense programs and policies of the United 
States that is carried out every four years under section 118 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 9 of such title is amended by striking the item 
relating to section 231 and inserting the following new item: 
‘‘231. Long-range plan for construction of naval vessels.’’.
H. R. 6523—215 
Subtitle D—Counterterrorism 
SEC. 
1031. 
EXTENSION 
OF 
CERTAIN 
AUTHORITY 
FOR 
MAKING 
REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States Code, is amended 
by striking ‘‘2010’’ and inserting ‘‘2011’’. 
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by this Act 
for fiscal year 2011 may be used to transfer, release, or assist 
in the transfer or release to or within the United States, its terri-
tories, or possessions of 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 January 20, 2009, at United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 
1033. 
CERTIFICATION 
REQUIREMENTS 
RELATING 
TO 
THE 
TRANSFER OF INDIVIDUALS DETAINED AT NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) LIMITATION.— 
(1) IN
GENERAL.—Except as provided in paragraph (2), 
during the one-year period beginning on the date of the enact-
ment of this Act, the Secretary of Defense may not use any 
of the amounts authorized to be appropriated by this Act or 
otherwise available to the Department of Defense to transfer 
any individual detained at Guantanamo to the custody or effec-
tive control of the individual’s country of origin, any other 
foreign country, or any other foreign entity unless the Secretary 
submits to Congress the certification described in subsection 
(b) by not later than 30 days before the transfer of the indi-
vidual. 
(2) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate an order affecting the disposition 
of the individual that is issued by a court or competent tribunal 
of the United States having lawful jurisdiction. The Secretary 
shall notify Congress promptly upon issuance of any such order. 
(b) CERTIFICATION.—The certification described in this sub-
section is a written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State, that the government 
of the foreign country or the recognized leadership of the foreign 
entity to which the individual detained at Guantanamo is to be 
transferred— 
(1) is not a designated state sponsor of terrorism or a 
designated foreign terrorist organization; 
(2) maintains effective control over each detention facility 
in which an individual is to be detained if the individual is 
to be housed in a detention facility; 
(3) is not, as of the date of the certification, facing a 
threat that is likely to substantially affect its ability to exercise 
control over the individual;
H. R. 6523—216 
(4) has agreed to take effective steps to ensure that the 
individual cannot take action to threaten the United States, 
its citizens, or its allies in the future; 
(5) has taken such steps as the Secretary determines are 
necessary to ensure that the individual cannot engage or re- 
engage in any terrorist activity; and 
(6) has agreed to share any information with the United 
States that— 
(A) is related to the individual or any associates of 
the individual; and 
(B) could affect the security of the United States, its 
citizens, or its allies. 
(c) PROHIBITION AND WAIVER IN CASES OF PRIOR CONFIRMED 
RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in paragraph (3), 
during the one-year period beginning on the date of the enact-
ment of this Act, the Secretary of Defense may not use any 
amount authorized to be appropriated or otherwise made avail-
able to the Department of Defense to transfer any individual 
detained at Guantanamo to the custody or effective control 
of the individual’s country of origin, any other foreign country, 
or any other foreign entity if there is a confirmed case of 
any individual who was detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba, at any time after September 
11, 2001, who was transferred to the foreign country or entity 
and subsequently engaged in any terrorist activity. 
(2) WAIVER.—The Secretary of Defense may waive the 
prohibition in paragraph (1) if the Secretary determines that 
such a transfer is in the national security interests of the 
United States and includes, as part of the certification described 
in subsection (b) relating to such transfer, the determination 
of the Secretary under this paragraph. 
(3) EXCEPTION.—Paragraph (1) shall not apply to any action 
taken by the Secretary to transfer any individual detained 
at Guantanamo to effectuate an order affecting the disposition 
of the individual that is issued by a court or competent tribunal 
of the United States having lawful jurisdiction. The Secretary 
shall notify Congress promptly upon issuance of any such order. 
(d) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘individual detained at Guantanamo’’ means 
any individual who is located at United States Naval Station, 
Guantanamo Bay, Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(B) is— 
(i) in the custody or under the effective control 
of the Department of Defense; or 
(ii) otherwise under detention at United States 
Naval Station, Guantanamo Bay, Cuba. 
(2) The term ‘‘foreign terrorist organization’’ means any 
organization so designated by the Secretary of State under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189).
H. R. 6523—217 
SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CON-
STRUCT FACILITIES IN THE UNITED STATES TO HOUSE 
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act may be used to construct 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 imprisonment in the custody or under the effective control of 
the Department of Defense. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to any modification of facilities at United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
(c) INDIVIDUALS DESCRIBED.—An individual described in this 
subsection is any individual who, as of October 1, 2009, is located 
at United States Naval Station, Guantanamo 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, Guantanamo Bay, Cuba. 
(d) REPORT ON USE OF FACILITIES IN THE UNITED STATES TO 
HOUSE DETAINEES TRANSFERRED FROM GUANTANAMO.— 
(1) REPORT REQUIRED.—Not later than April 1, 2011, the 
Secretary of Defense shall submit to the congressional defense 
committees a report, in classified or unclassified form, on the 
merits, costs, and risks of using any proposed facility in the 
United States, its territories, or possessions to house any indi-
vidual described in subsection (c) for the purposes of detention 
or imprisonment in the custody or under the effective control 
of the Department of Defense. 
(2) ELEMENTS
OF
THE
REPORT.—The report required in 
paragraph (1) shall include each of the following: 
(A) A discussion of the merits associated with any 
such proposed facility that would justify— 
(i) using the facility instead of the facility at United 
States Naval Station, Guantanamo Bay, Cuba; and 
(ii) the proposed facility’s contribution to effecting 
a comprehensive policy for continuing military deten-
tion operations. 
(B) The rationale for selecting the specific site for 
any such proposed facility, including details for the proc-
esses and criteria used for identifying the merits described 
in subparagraph (A) and for selecting the proposed site 
over reasonable alternative sites. 
(C) A discussion of any potential risks to any commu-
nity in the vicinity of any such proposed facility, the meas-
ures that could be taken to mitigate such risks, and the 
likely cost to the Department of Defense of implementing 
such measures. 
(D) A discussion of any necessary modifications to any 
such proposed facility to ensure that any detainee trans-
ferred from Guantanamo Bay to such facility could not 
come into contact with any other individual, including any 
other person detained at such facility, that is not approved