549 
(A) by inserting after ‘‘National Military 
Strategy is significant,’’ the following, ‘‘or that 
critical deficiencies in force capabilities exist for 
a contingency plan,’’; and 
(B) by inserting ‘‘or deficiency’’ before the 
period at the end. 
SEC. 955. QUADRENNIAL DEFENSE REVIEW. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the quadrennial defense review is a critical stra-
tegic document and should be based upon a process uncon-
strained by budgetary influences so that such influences 
do not determine or limit its outcome. 
(b) RELATIONSHIP OF QUADRENNIAL DEFENSE RE-
VIEW TO DEFENSE BUDGET.—Paragraph (4) of section 
118(b) of title 10, United States Code, is amended to read 
as follows: 
‘‘(4) to make recommendations that are not 
constrained to comply with and are fully inde-
pendent of the budget submitted to Congress by the 
President pursuant to section 1105 of title 31, in 
order to allow Congress to determine the level of ac-
ceptable risk to execute the missions associated with 
the national defense strategy within appropriated 
funds.’’.
550 
Subtitle F—Other Matters 
SEC. 961. DEADLINE REVISION FOR REPORT ON FOREIGN 
LANGUAGE PROFICIENCY. 
Section 958 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
297) is amended— 
(1) in subsection (a), by striking ‘‘annually 
thereafter’’ and inserting ‘‘by June 30 each year 
thereafter’’; and 
(2) in subsection (d), by striking ‘‘December 
31, 2013’’ and inserting ‘‘June 30, 2013’’. 
SEC. 962. MILITARY ACTIVITIES IN CYBERSPACE. 
(a) AFFIRMATION.—Congress affirms that the Sec-
retary of Defense is authorized to conduct military activi-
ties in cyberspace. 
(b) AUTHORITY DESCRIBED.—The authority referred 
to in subsection (a) includes the authority to carry out 
a clandestine operation in cyberspace— 
(1) in support of a military operation pursuant 
to the Authorization for Use of Military Force (50 
U.S.C. 1541 note; Public Law 107–40) against a 
target located outside of the United States; or 
(2) to defend against a cyber attack against an 
asset of the Department of Defense.
551 
(c) BRIEFINGS ON ACTIVITIES.—Not later than 120 
days after the date of the enactment of this Act, and quar-
terly thereafter, the Secretary of Defense shall provide a 
briefing to the Committees on Armed Services of the 
House of Representatives and the Senate on covered mili-
tary cyberspace activities that the Department of Defense 
carried out during the preceding quarter. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Sec-
retary of Defense to conduct military activities in cyber-
space. 
SEC. 963. ACTIVITIES TO IMPROVE MULTILATERAL, BILAT-
ERAL, AND REGIONAL COOPERATION RE-
GARDING CYBERSECURITY. 
(a) ESTABLISHMENT
OF
CYBERSECURITY
PRO-
GRAM.— 
(1) IN
GENERAL.—Chapter 53 of title 10, 
United States Code, is amended by inserting after 
section 1051b the following new section: 
‘‘§ 1051c. Multilateral, bilateral, or regional coopera-
tion programs: assignments to improve 
education and training in information se-
curity 
‘‘(a) ASSIGNMENTS AUTHORIZED; PURPOSE.—The 
Secretary of Defense may authorize the temporary assign-
552 
ment of a member of the military forces of a foreign coun-
try to a Department of Defense organization for the pur-
pose of assisting the member to obtain education and 
training to improve the member’s ability to understand 
and 
respond 
to 
information 
security 
threats, 
vulnerabilities of information security systems, and the 
consequences of information security incidents. 
‘‘(b) PAYMENT OF CERTAIN EXPENSES.—To facili-
tate the assignment of a member of a foreign military 
force to a Department of Defense organization under sub-
section (a), the Secretary of Defense may pay such ex-
penses in connection with the assignment as the Secretary 
considers in the national security interests of the United 
States. 
‘‘(c) PROTECTION
OF DEPARTMENT CYBERSECU-
RITY.—In authorizing the temporary assignment of mem-
bers of foreign military forces to Department of Defense 
organizations under subsection (a), the Secretary of De-
fense shall require the inclusion of adequate safeguards 
to prevent any compromising of Department information 
security. 
‘‘(d) MULTI-YEAR AVAILABILITY OF FUNDS.—Funds 
available to carry out this section shall be available, to the 
extent provided in appropriations Acts, for programs and
553 
activities under this section that begin in a fiscal year and 
end in the following fiscal year. 
‘‘(e) INFORMATION SECURITY DEFINED.—In this 
section, the term ‘information security’ refers to— 
‘‘(1) the confidentiality, integrity, or availability 
of an information system or the information such 
system processes, stores, or transmits; and 
‘‘(2) the security policies, security procedures, 
or acceptable use policies with respect to an informa-
tion system.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1051b 
the following new item: 
‘‘1051c. Multilateral, bilateral, or regional cooperation programs: assignments to 
improve education and training in information security.’’. 
(b) REPORT ON EXPANSION OF FELLOWSHIP OPPOR-
TUNITIES.—Not later one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report evaluating the feasibility and benefits 
of expanding the fellowship program authorized by section 
1051c of title 10, United States Code, as added by sub-
section (a), to include ministry of defense officials, secu-
rity officials, or other civilian officials of foreign countries.
554 
SEC. 964. REPORT ON UNITED STATES SPECIAL OPER-
ATIONS COMMAND STRUCTURE. 
(a) REPORT.—Not later than March 1, 2012, the 
Secretary of Defense shall submit to the congressional de-
fense committees a study of the United States Special Op-
erations Command sub-unified structure. 
(b) ELEMENTS.—The report required under this sec-
tion shall include, at a minimum, the following: 
(1) Recommendations to revise as necessary the 
present command structure to better support devel-
opment and deployment of joint special operations 
forces and capabilities. 
(2) Any other matters the Secretary considers 
appropriate. 
(c) FORM.—The report required under this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 965. SENSE OF CONGRESS REGARDING THE PERFORM-
ANCE OF COMMERCIALLY-AVAILABLE ACTIVI-
TIES BY DEPARTMENT OF DEFENSE CIVILIAN 
EMPLOYEES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) our Nation’s economic strength is charac-
terized by individual freedom and the competitive 
enterprise system, and as such, the Federal Govern-
555 
ment should not compete with its citizens and pri-
vate enterprise; 
(2) in recognition of this policy, the Govern-
ment should rely on commercially available sources 
to provide commercial products and services and 
should not start or carry on any activity to provide 
a commercial product or service if the product or 
service can be procured more economically from a 
commercial source; 
(3) this policy conforms with Department of 
Defense Total Force Management procedures aimed 
at improving total manpower requirements, deter-
minations, and planning to facilitate decisions re-
garding which sector (military, civilian, or contractor 
personnel) should perform each requirement; and 
(4) the Department of Defense should not con-
vert the performance of any function from perform-
ance by a contractor to performance by Department 
of Defense civilian employees unless the function is 
inherently governmental in nature or the conversion 
is necessary to comply with section 129a of title 10, 
United States Code, as amended by this Act. 
(b) 
DEFINITION
OF
INHERENTLY
GOVERN-
MENTAL.—In this section, the term ‘‘inherently govern-
mental’’ has the meaning given that term in section 5(2)
556 
of the Federal Activities Inventory Reform Act of 1998 
(Public Law 105–270; 112 Stat. 2384; 31 U.S.C. 501 
note). 
SEC. 966. CLARIFICATION OF STATUS OF PARTICIPANTS OF 
DEFENSE INDUSTRIAL BASE ACTIVE CYBER 
DEFENSE PILOT PROJECT. 
Notwithstanding any other provision of law, any non- 
Government entity or personnel participating in the 90- 
day Defense Industrial Base Active Cyber Defense pilot 
project shall not be considered an agent of any local or 
State government or the Federal Government by reason 
of such participation. 
SEC. 967. EXPANSION OF OVERSIGHT OFFICES IN DEPART-
MENT OF DEFENSE. 
(a) ASSISTANT SECRETARY OF DEFENSE FOR CON-
TINGENCY CONTRACTING.—Section 138(b) of title 10, 
United States Code, is amended— 
(1) by redesignating paragraph (7) as para-
graph (8); and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) One of the Assistant Secretaries shall be the As-
sistant Secretary of Defense for Contingency Contracting. 
The Assistant Secretary of Defense for Contingency Con-
tracting is the principal adviser to the Secretary of De-
557 
fense and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics on matters relating to planning, 
funding, staffing, and managing contingency contracting 
of the Department of Defense.’’. 
(b) REQUIREMENT TO ESTABLISH OFFICE OF CON-
TINGENCY CONTRACTING.—The Secretary of Defense 
shall rename and expand the Office of Program Support 
in the Office of the Under Secretary of Defense for Acqui-
sition, Technology, and Logistics as the Office of Contin-
gency Contracting. The Office of Contingency Contracting 
shall be headed by the Assistant Secretary of Defense for 
Contingency Contracting and shall be responsible for plan-
ning, funding, staffing, and managing contingency con-
tracting in the Department of Defense. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2012 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
558 
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount
559 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the Committee on the Budget of the 
House of Representatives, as long as such statement has 
been submitted prior to the vote on passage of this Act. 
Subtitle B—Counter-Drug Activi-
ties and Counter Transnational 
Criminal Activities 
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTERTERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 
U.S.C. 371 note), as most recently amended by section 
1012(a) of the Ike Skelton National Defense Authoriza-
560 
tion Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4346), is amended by striking ‘‘2011’’ and inserting 
‘‘2012’’. 
SEC. 1012. EXTENSION OF AUTHORITY OF DEPARTMENT OF 
DEFENSE TO PROVIDE ADDITIONAL SUPPORT 
FOR COUNTERDRUG ACTIVITIES OF OTHER 
GOVERNMENTAL AGENCIES. 
(a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub-
section (a) of section 1004 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101– 
510; 10 U.S.C. 374 note) is amended by striking ‘‘During 
fiscal years 2002 through 2011’’ and inserting ‘‘Until Sep-
tember 30, 2013’’. 
(b) COVERAGE
OF TRIBAL LAW ENFORCEMENT 
AGENCIES.—Such section is further amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘tribal,’’ after ‘‘local,’’; and 
(B) in paragraph (2), by striking ‘‘State or 
local’’ both places it appears and insert ‘‘State, 
local, or tribal’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘State or 
local’’ and inserting ‘‘State, local, or tribal’’;
561 
(B) in paragraph (4), by striking ‘‘State, 
or local’’ and inserting ‘‘State, local, or tribal’’; 
and 
(C) in paragraph (5), by striking ‘‘State 
and local’’ and inserting ‘‘State, local, and trib-
al’’. 
(c) CLARIFICATION
OF AUTHORITY
TO PROVIDE 
CERTAIN NONLETHAL EQUIPMENT OR SERVICES.—Sub-
section (b)(4) of such section is amended by inserting be-
fore the period at the end the following: ‘‘, including the 
provision of nonlethal equipment or services necessary for 
the operation of such bases or facilities, other than any 
equipment specifically identified in section 1033 of the 
National Defense Authorization Act for Fiscal Year 
1998’’. 
SEC. 1013. ONE-YEAR EXTENSION OF AUTHORITY TO PRO-
VIDE ADDITIONAL SUPPORT FOR COUNTER- 
DRUG ACTIVITIES OF CERTAIN FOREIGN 
GOVERNMENTS. 
Subsection (a)(2) of section 1033 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1881), as most recently amended by 
section 1014(a) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–
562 
383; 124 Stat. 4347), is amended by striking ‘‘2012’’ and 
inserting ‘‘2013’’. 
SEC. 1014. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as most recently amended by 
section 1011 of the Ike Skelton National Defense Author-
ization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4346), is amended— 
(1) in subsection (a), by striking ‘‘2011’’ and 
inserting ‘‘2012’’; and 
(2) in subsection (c), by striking ‘‘2011’’ and 
inserting ‘‘2012’’. 
SEC. 1015. MITIGATION OF NATIONAL SECURITY THREATS 
ALONG THE BORDER OF THE UNITED STATES 
AND MEXICO. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Secretary of Defense should continue to 
increase intelligence and technology sharing informa-
tion and capability with the Secretary of Homeland 
Security and other agencies to mitigate national se-
curity threats along the international border between
563 
the United States and Mexico, including threats of 
infiltration and border breaches by transnational 
criminal organizations; and 
(2) the Secretary of Defense should strongly 
consider operationally testing, along the inter-
national border between the United States and Mex-
ico, emerging technology capabilities developed for 
the purposes of detection, intelligence, and surveil-
lance. 
(b) CONGRESSIONAL BRIEFING.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall brief the congressional defense 
committees on the effectiveness of the ongoing collabo-
rative programs with the Government of Mexico intended 
to strengthen the capability of Mexican forces to detect 
and deter infiltration of the United States border and 
other national security threats by transnational crime or-
ganizations. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. BUDGETING FOR CONSTRUCTION OF NAVAL VES-
SELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United 
States Code, is amended to read as follows:
564 
‘‘§ 231. Budgeting for construction of naval vessels: 
annual plan and certification 
‘‘(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN 
AND CERTIFICATION.—The Secretary of Defense shall in-
clude with the defense budget materials for a fiscal year— 
‘‘(1) a plan for the construction of combatant 
and support vessels for the Navy developed in ac-
cordance with this section; and 
‘‘(2) a certification by the Secretary that both 
the budget for that fiscal year and the future-years 
defense program submitted to Congress in relation 
to such budget under section 221 of this title pro-
vide for funding of the construction of naval vessels 
at a level that is sufficient for the procurement of 
the vessels provided for in the plan under paragraph 
(1) on the schedule provided in that plan. 
‘‘(b) 
ANNUAL
NAVAL
VESSEL
CONSTRUCTION 
PLAN.—(1) The annual naval vessel construction plan de-
veloped for a fiscal year for purposes of subsection (a)(1) 
should be designed so that the naval vessel force provided 
for under that plan is capable of supporting the national 
security strategy of the United States as set forth in the 
most recent national security strategy report of the Presi-
dent under section 108 of the National Security Act of 
1947 (50 U.S.C. 404a), except that, if at the time such 
plan is submitted with the defense budget materials for
565 
that fiscal year, a national security strategy report re-
quired under such section 108 has not been submitted to 
Congress as required by paragraph (2) or paragraph (3), 
if applicable, of subsection (a) of such section, then such 
annual plan should be designed so that the naval vessel 
force provided for under that plan is capable of supporting 
the ship force structure recommended in the report of the 
most recent quadrennial defense review. 
‘‘(2) Each such naval vessel construction plan shall 
include the following: 
‘‘(A) A detailed program for the construction of 
combatant and support vessels for the Navy over the 
next 30 fiscal years. 
‘‘(B) A description of the necessary naval vessel 
force structure to meet the requirements of the na-
tional security strategy of the United States or the 
most recent quadrennial defense review, whichever is 
applicable under paragraph (1). 
‘‘(C) The estimated levels of annual funding 
necessary to carry out the program, together with a 
discussion of the procurement strategies on which 
such estimated levels of annual funding are based. 
‘‘(c) ASSESSMENT WHEN VESSEL CONSTRUCTION 
BUDGET IS INSUFFICIENT TO MEET APPLICABLE RE-
QUIREMENTS.—If the budget for a fiscal year provides for
566 
funding of the construction of naval vessels at a level that 
is not sufficient to sustain the naval vessel force structure 
specified in the naval vessel construction plan for that fis-
cal year under subsection (a), the Secretary shall include 
with the defense budget materials for that fiscal year an 
assessment that describes and discusses the risks associ-
ated with the reduced force structure of naval vessels that 
will result from funding naval vessel construction at such 
level. Such assessment shall be coordinated in advance 
with the commanders of the combatant commands. 
‘‘(d) CBO EVALUATION.—Not later than 60 days 
after the date on which the congressional defense commit-
tees receive the plan under subsection (a)(1), the Director 
of the Congressional Budget Office shall submit to such 
committees a report assessing the sufficiency of the esti-
mated 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 pro-
gram submitted under section 221 of this title. 
‘‘(e) 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 sec-
tion 1105(a) of title 31.
567 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted 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 poli-
cies 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 beginning of chapter 9 of such title is amended by 
striking the item relating to section 231 and inserting the 
following new item: 
‘‘231. Budgeting for construction of naval vessels: annual plan and certifi-
cation’’. 
SEC. 1022. NAMING OF NAVAL VESSEL AFTER UNITED 
STATES MARINE CORPS SERGEANT RAFAEL 
PERALTA. 
Congress strongly encourages the Secretary of the 
Navy to name the next available Naval vessel after United 
States Marine Corps Sergeant Rafael Peralta. 
Subtitle D—Counterterrorism 
SEC. 1031. DEFINITION OF INDIVIDUAL DETAINED AT 
GUANTANAMO. 
In this subtitle, the term ‘‘individual detained at 
Guantanamo’’ means any individual who is located at
568 
United States Naval Station, Guantanamo Bay, Cuba, on 
or after March 7, 2011, who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is in the custody or under the effective con-
trol of the Department of Defense. 
SEC. 1032. EXTENSION OF AUTHORITY TO MAKE REWARDS 
FOR COMBATING TERRORISM. 
Section 127b of title 10, United States Code, is 
amended— 
(1) in subsection (c)(3)(C), by striking ‘‘Sep-
tember 30, 2011’’ and inserting ‘‘September 30, 
2014’’; and 
(2) in subsection (f)(1), by striking ‘‘Decem-
ber’’ and inserting ‘‘February’’. 
SEC. 1033. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN 
TRIAL OF CAPITAL OFFENSE BY MILITARY 
COMMISSION. 
(a) CLARIFICATION OF RIGHT.—Section 949m(b)(2) 
of title 10, United States Code, is amended— 
(1) in subparagraph (C), by inserting before the 
semicolon the following: ‘‘, or a guilty plea was ac-
cepted and not withdrawn prior to announcement of
569 
the sentence in accordance with section 949i(b) of 
this title’’; and 
(2) in subparagraph (D), by inserting ‘‘on the 
sentence’’ after ‘‘vote was taken’’. 
(b) PRE-TRIAL AGREEMENTS.—Section 949i of such 
title is amended— 
(1) in the first sentence of subsection (b)— 
(A) by inserting after ‘‘military judge’’ the 
following: ‘‘, including a charge or specification 
that has been referred capital,’’; 
(B) by inserting ‘‘by the military judge’’ 
after ‘‘may be entered’’; and 
(C) by inserting ‘‘by the members’’ after 
‘‘vote’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) PRE-TRIAL AGREEMENTS.—(1) A plea of guilty 
made by the accused that is accepted by a military judge 
under subsection (b) and not withdrawn prior to an-
nouncement of the sentence may form the basis for an 
agreement reducing the maximum sentence approved by 
the convening authority, including the reduction of a sen-
tence of death to a lesser punishment, or that the case 
will be referred to a military commission under this chap-
ter without seeking the penalty of death. Such an agree-
570 
ment may provide for terms and conditions in addition to 
a guilty plea by the accused in order to be effective. 
‘‘(2) A plea agreement under this subsection may not 
provide for a sentence of death imposed by a military 
judge alone. A sentence of death may only be imposed by 
the unanimous vote of all members of a military commis-
sion concurring in the sentence of death as provided in 
section 949m(b)(2)(D) of this title.’’. 
SEC. 1034. AFFIRMATION OF ARMED CONFLICT WITH AL- 
QAEDA, 
THE 
TALIBAN, 
AND 
ASSOCIATED 
FORCES. 
Congress affirms that— 
(1) the United States is engaged in an armed 
conflict with al-Qaeda, the Taliban, and associated 
forces and that those entities continue to pose a 
threat to the United States and its citizens, both do-
mestically and abroad; 
(2) the President has the authority to use all 
necessary and appropriate force during the current 
armed conflict with al-Qaeda, the Taliban, and asso-
ciated forces pursuant to the Authorization for Use 
of Military Force (Public Law 107–40; 50 U.S.C. 
1541 note); 
(3) the current armed conflict includes nations, 
organization, and persons who—
571 
(A) are part of, or are substantially sup-
porting, al-Qaeda, the Taliban, or associated 
forces that are engaged in hostilities against the 
United States or its coalition partners; or 
(B) have engaged in hostilities or have di-
rectly supported hostilities in aid of a nation, 
organization, or person described in subpara-
graph (A); and 
(4) the President’s authority pursuant to the 
Authorization for Use of Military Force (Public Law 
107–40; 50 U.S.C. 1541 note) includes the authority 
to detain belligerents, including persons described in 
paragraph (3), until the termination of hostilities. 
SEC. 1035. REQUIREMENT FOR NATIONAL SECURITY PRO-
TOCOLS GOVERNING DETAINEE COMMUNICA-
TIONS. 
(a) LIMITATION.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a national secu-
rity protocol applicable to each individual detained at 
Guantanamo. Each such national security protocol shall 
include a description of each of the following: 
(1) The authority of an individual covered by 
the protocol to have access to military or civilian
572 
legal representation, or both, and any limitations on 
such access. 
(2) Any items that are considered contraband 
for such an individual. 
(3) Any category of information that such an 
individual is not permitted to discuss or include in 
any communications made to persons other than 
Federal Government personnel and members of the 
Armed Forces or materials the individual has or cre-
ates. 
(4) Any types of materials to which such an in-
dividual is authorized to have access and the process 
by which such materials, along with materials cre-
ated by the individual, are reviewed. 
(5) The nature of any communication such an 
individual is permitted to have with any persons 
other than Federal Government personnel and mem-
bers of the Armed Forces, including mail, phone 
calls, and video teleconferences, and the extent to 
which any such communication is to be monitored. 
(6) Any meetings the individual is permitted to 
have with any persons other than Federal Govern-
ment personnel and members of the Armed Forces 
and the extent to which such a meeting is to be 
monitored.
573 
(7) Any category of information or material 
that may not be provided to such an individual by 
persons other than Federal Government personnel 
and members of the Armed Forces or by the individ-
ual’s military or civilian legal counsel or military 
personal representative. 
(8) The manner in which any legal materials or 
communications subject to review under the protocol 
will be monitored for the protection of national secu-
rity while also ensuring that any applicable legal 
privileges are maintained for purposes of litigation 
related to trial under chapter 47A of title 10, United 
States Code, or a petition for habeas corpus. 
(9) The measures planned to be taken to imple-
ment and enforce the provisions of the security pro-
tocol. 
(b) TREATMENT OF CLASSIFIED MATERIAL IN SECU-
RITY PROTOCOLS.—A security protocol submitted under 
subsection (a) shall be in unclassified form but may con-
tain a classified annex.
574 
SEC. 1036. PROCESS FOR THE REVIEW OF NECESSITY FOR 
CONTINUED DETENTION OF INDIVIDUALS DE-
TAINED AT NAVAL STATION, GUANTANAMO 
BAY, CUBA. 
(a) REVIEW PROCESS.—The Secretary of Defense 
shall establish a review process to review the detention of 
each individual detained at Guantanamo. Such review 
process shall be designed to determine whether the contin-
ued military detention of each such individual is necessary 
to protect the national security of the United States. The 
review process shall include, for each such individual, a 
full review not less than once every three years and a lim-
ited file review not less than once every year. 
(b) RELATIONSHIP TO OTHER LAWS.—The review 
process established by this section shall not affect the ju-
risdiction of any Federal court to determine the legality 
of the detention of an individual detained at Guantanamo. 
(c) MILITARY REVIEW PANELS.—The Secretary shall 
establish military review panels to carry out the reviews 
required by subsection (a). Each military panel shall be 
made up of military officers with expertise in operations, 
intelligence, and counterterrorism matters. Any officer as-
signed to a military panel under this subsection must have 
the necessary security clearances to review all information 
submitted by the Government in any proceeding before the 
panel.
575 
(d) PROCEDURES FOR FULL REVIEW.— 
(1) MILITARY PERSONAL REPRESENTATIVES.— 
In any full review proceeding before a military panel 
established pursuant to subsection (c), an individual 
detained at Guantanamo shall be assisted by a mili-
tary personal representative with the appropriate se-
curity clearance. The military personal representa-
tive shall appear before the military panel to advo-
cate on behalf of the individual and to introduce in-
formation on behalf of the individual. 
(2) MILITARY PANEL PROCEEDINGS.—During a 
proceeding before such a military panel, such an in-
dividual, with the assistance of the individual’s mili-
tary personal representative, shall be permitted to— 
(A) present to the military panel a written 
or oral statement; 
(B) introduce relevant information, includ-
ing written declarations; 
(C) answer any questions posed by the 
military panel; and 
(D) call witnesses who are reasonably 
available and willing to provide information that 
is relevant and material to whether the indi-
vidual represents a continuing threat to the 
United States or its allies.
576 
(3) ADVANCE NOTICE OF SUMMARY OF INFOR-
MATION.—Such an individual shall be provided, in 
writing and in a language the individual under-
stands, with advance notice of an unclassified sum-
mary of the factors and information the military 
panel will consider, including mitigating information 
described in paragraph (7)(D), in making a rec-
ommendation with respect to the individual’s contin-
ued military detention. 
(4) PROVISION OF INFORMATION TO MILITARY 
PERSONAL
REPRESENTATIVE.—The Government’s 
submission to the military panel regarding the 
threat posed by such an individual and any miti-
gating information described in paragraph (7)(D) 
shall be provided to the military personal representa-
tive for the individual. Where it is necessary to pro-
tect national security, including the protection of in-
telligence sources and methods, the panel may deter-
mine that the military personal representative must 
receive a sufficient substitute or summary of classi-
fied information, rather than the underlying infor-
mation. 
(5) PERMITTED
ACTIONS
BY
OUTSIDE
PAR-
TIES.—An outside party, including any private coun-
sel for such an individual, may file a written submis-
577 
sion to the military panel on the question of whether 
the individual represents a threat to the national se-
curity of the United States. An outside party filing 
such a submission must obtain written permission 
from the individual before filing the submission. 
(6) TIMEFRAME FOR REVIEW.—A full review of 
an individual detained at Guantanamo to determine 
whether the continued military detention of the indi-
vidual is necessary may not take place sooner than 
21 days after the individual first becomes an indi-
vidual detained at Guantanamo. 
(7) FACTORS
FOR
CONSIDERATION.—In con-
ducting a full review of an individual detained at 
Guantanamo, the panel shall consider whether the 
individual represents a continuing threat to the 
United States or its allies, taking into consideration 
the following factors: 
(A) The likelihood the individual will re-
sume terrorist activity if transferred or re-
leased. 
(B) The likelihood the individual will rees-
tablish ties with an organization engaged in 
hostilities against the United States or its allies 
if transferred or released.
578 
(C) The behavior of the individual while in 
military custody. 
(D) Any information reviewed by the offi-
cials preparing the Government’s submission to 
the panel that tends to mitigate the threat 
posed by the individual. 
(8) INTELLIGENCE INFORMATION FACTOR.—In 
conducting a full review of an individual detained at 
Guantanamo, the panel shall consider the factor of 
whether information known to the individual could 
be of significant intelligence value to the national se-
curity of the United States, taking into consider-
ation information provided by the intelligence com-
munity, including an overall assessment provided by 
the Director of National Intelligence regarding the 
intelligence value of the information known by the 
individual. 
(9) RECOMMENDATION.—The panel shall evalu-
ate the factors described in paragraphs (7) and (8) 
with respect to an individual detained at Guanta-
namo, taking into consideration the totality of the 
circumstances, and shall make a recommendation 
with respect to whether the continued military de-
tention of the individual is necessary. 
(e) PROCEDURES FOR FILE REVIEW.—
579 
(1) GOVERNMENT
SUBMISSION
OF
INFORMA-
TION.—For each annual file review of an individual 
detained at Guantanamo, the Government shall sub-
mit to a military panel established under subsection 
(c) any significant new information regarding the 
threat posed by the individual to the United States 
or its allies, including significant mitigating informa-
tion reviewed by the officers compiling the material 
submitted by the Government. 
(2) INDIVIDUAL
WRITTEN
SUBMISSION.—The 
individual receiving the file review may submit to the 
panel such written information as the individual de-
termines appropriate. 
(3) COMMENCEMENT
OF
FULL
REVIEW.—If, 
during the course of a file review of an individual, 
a significant question is raised as to whether the 
continued military detention of the individual is nec-
essary, the Secretary of Defense shall promptly con-
vene a full review of the individual in accordance 
with this section. 
(f) PREVIOUSLY PROVIDED INFORMATION.—The of-
ficers assembling the Government submission to a military 
panel for a full review under subsection (d) or a file review 
under subsection (e) shall include in their review to pre-
pare the submission any information previously provided
580 
by the Government in discovery for a case before a mili-
tary commission or a proceeding in a Federal court relat-
ing to a petition for habeas corpus. 
(g) INTERAGENCY REVIEW BOARD.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished an interagency review board. 
(2) MEMBERSHIP.—The members of the inter-
agency review board shall be senior officials of the 
Department of State, the Department of Defense, 
the Department of Justice, the Department of 
Homeland Security, and the Joint Chiefs of Staff, 
who shall be appointed the heads of their employing 
agencies. The Director of National Intelligence shall 
appoint a senior official of the Office of the Director 
of National Intelligence to serve as a non-voting ad-
visory member of the interagency review board. 
(3) RESPONSIBILITIES.— 
(A) REVIEW.—The review board shall be 
responsible for reviewing the recommendations 
of a military panel in a full review made under 
subsection (d)(9) for clear error. If the mem-
bers of the review board disagree with a rec-
ommendation of a military panel by a majority 
vote, the recommendation shall be rejected. The
581 
review board shall seek consensus in such cases 
to the greatest extent possible. 
(B) DISPOSITION
OF
INDIVIDUALS
NOT 
RECOMMENDED FOR CONTINUED DETENTION.— 
In the case of an individual who the military 
panel has recommended no longer be subject to 
military detention, if the review board accepts 
the recommendation of the military panel, the 
review board shall identify a suitable location 
outside the United States to which to transfer 
the individual. In making such recommendation, 
the board shall consider whether the country to 
which the individual is proposed to be trans-
ferred— 
(i) is not a designated state sponsor 
of terrorism or a designated foreign ter-
rorist organization; 
(ii) maintains effective control over 
each detention facility in which an indi-
vidual is to be detained if the individual is 
to be housed in a detention facility; 
(iii) is likely to subject the individual 
to prosecution; 
(iv) is not, as of the date of the cer-
tification, facing a threat that is likely to
582 
substantially affect its ability to exercise 
control over the individual; 
(v) 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; 
(vi) has taken such steps as the re-
view board determines are necessary to en-
sure that the individual cannot engage or 
re-engage in any terrorist activity; 
(vii) has agreed to share any informa-
tion with the United States that— 
(I) is related to the individual or 
any associates of the individual; and 
(II) could affect the security of 
the United States, its citizens, or its 
allies; 
(viii) has agreed to allow appropriate 
agencies of the United States to have ac-
cess to the individual, if requested; and 
(ix) has made assurances regarding 
the humane treatment of the individual. 
(h) REEVALUATION OF RECOMMENDATIONS.—If the 
review board rejects the recommendation of a military 
panel with respect to an individual detained at Guanta-
583 
namo, the military panel may reevaluate the individual. 
The military panel shall determine whether to reevaluate 
such an individual by not later than 10 days after the date 
on which the review board rejects the recommendation of 
the panel, and shall complete such reevaluation by not 
later than 60 days after making such determination. 
(i) FORWARDING
OF RECOMMENDATION
AND RE-
VIEW.—Upon a decision to accept or reject a recommenda-
tion of a military panel made under subsection (g)(3), and 
after a reevaluation under subsection (h), if any, the re-
view board shall forward the recommendation and the ac-
ceptance or rejection to the Secretary of Defense for sig-
nature. In the case of a recommendation described in sub-
section (g)(3)(B), the review panel shall include with the 
recommendation a written discussion of the factors re-
ferred to in that subparagraph and a recommended loca-
tion to which to transfer the individual. The Secretary of 
Defense may only delegate the responsibility of signing 
such a recommendation and acceptance or rejection to the 
Deputy Secretary of Defense. 
(j) EXCEPTIONS.—An individual detained at Guanta-
namo shall not be subject to the review process established 
under this section under circumstances as follows: 
(1) In the case of such an individual upon 
whom charges have been served in accordance with
584 
section 948s of title 10, United States Code, until 
after final judgment has been reached on such 
charges. 
(2) In the case of such an individual who has 
been convicted by a military commission under chap-
ter 47A of such title of an offense under subchapter 
VIII of that chapter, until after the individual has 
completed his sentence. 
(3) In the case of such an individual who has 
been ordered released by a Federal court. 
(k) NO ENFORCEABLE RIGHTS.—Nothing in this sec-
tion creates any right for which an individual may seek 
enforcement in any court of the United States. 
(l) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the appropriate committees of 
Congress a report on the establishment of the review proc-
ess required under this section. 
(m) DEFINITION OF APPROPRIATE COMMITTEES OF 
CONGRESS.—In this section the term ‘‘appropriate com-
mittees of Congress’’ means— 
(1) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and
585 
(2) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 1037. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR MODIFY FACILITIES IN THE UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM NAVAL STATION GUANTA-
NAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense for fiscal year 2012 may be used to construct 
or modify any facility in the United States, its territories, 
or possessions to house any individual detained at Guanta-
namo for the purposes of detention or imprisonment in 
the custody or under the control of the Department of De-
fense. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 1038. PROHIBITION ON FAMILY MEMBER VISITATION 
OF INDIVIDUALS DETAINED AT NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated for 
the Department of Defense for fiscal year 2012 may be 
used to permit any person who is a family member of an
586 
individual detained at Guantanamo to visit the individual 
at United States Naval Station, Guantanamo Bay, Cuba. 
SEC. 1039. PROHIBITION ON THE TRANSFER OR RELEASE 
OF CERTAIN DETAINEES TO OR WITHIN THE 
UNITED STATES. 
(a) PROHIBITION ON TRANSFER OR RELEASE TO OR 
WITHIN THE UNITED STATES.—None of the funds au-
thorized to be appropriated to the Department of Defense 
for fiscal year 2012 may be used to transfer or release 
an individual detained at Guantanamo or an individual de-
scribed in subsection (b) to or within the United States, 
its territories, or possessions. 
(b) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces; and 
(2) is in the custody or under the effective con-
trol of the Department of Defense at a location out-
side the United States other than United States 
Naval Station, Guantanamo Bay, Cuba, and de-
tained pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note).
587 
SEC. 1040. PROHIBITIONS RELATING TO THE TRANSFER OR 
RELEASE OF CERTAIN DETAINEES TO OR 
WITHIN FOREIGN COUNTRIES. 
(a) LIMITATION ON TRANSFER TO FOREIGN COUN-
TRIES.— 
(1) LIMITATION.—None of the funds authorized 
to be appropriated to the Department of Defense for 
fiscal year 2012 may be used to transfer any indi-
vidual detained at Guantanamo to the custody or ef-
fective control of the individual’s country of origin, 
any other foreign country, or any other foreign enti-
ty unless the Secretary submits to Congress the cer-
tification described in paragraph (2) by not later 
than 30 days before the transfer of the individual. 
(2) 
CERTIFICATION.—The 
certification 
de-
scribed in this paragraph is a written certification 
made by the Secretary of Defense, in consultation 
with 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— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains effective control over each 
detention facility in which an individual is to be
589 
(A) PROHIBITION.—The Secretary of De-
fense may not transfer any individual detained 
at Guantanamo to the custody or effective con-
trol of the individual’s country of origin, any 
other foreign country, or any other foreign enti-
ty if there is a confirmed case of any individual 
detained at Guantanamo who was transferred 
to the foreign country or entity and subse-
quently engaged in any terrorist activity. 
(B) WAIVER.—The Secretary of Defense 
may waive the prohibition in subparagraph (A) 
if the Secretary determines that such a transfer 
is in the national security interests of the 
United States and includes, as part of the cer-
tification described in paragraph (2) relating to 
such transfer, the determination of the Sec-
retary under this paragraph. 
(4) LIMITATION
ON
APPLICABILITY.—Para-
graphs (1) and (3) shall not apply to any action 
taken by the Secretary of Defense 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 Sec-
590 
retary shall notify Congress promptly upon issuance 
of any such order. 
(b) DEFINITION OF FOREIGN TERRORIST ORGANIZA-
TION.—In this section term ‘‘foreign terrorist organiza-
tion’’ means any organization so designated by the Sec-
retary of State under section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189). 
SEC. 1041. COUNTERTERRORISM OPERATIONAL BRIEFING 
REQUIREMENT. 
(a) BRIEFINGS REQUIRED.—Beginning not later 
than March 1, 2012, the Secretary of Defense shall pro-
vide to the congressional defense committees quarterly 
briefings outlining Department of Defense counterter-
rorism operations and related activities involving special 
operations forces. 
(b) ELEMENTS.—Each briefing under subsection (a) 
shall include each of the following: 
(1) A global update on activity within each geo-
graphic combatant command. 
(2) An overview of authorities and legal issues 
including limitations. 
(3) An outline of interagency activities and ini-
tiatives. 
(4) Any other matters the Secretary considers 
appropriate.
591 
SEC. 1042. REQUIREMENT FOR DEPARTMENT OF JUSTICE 
CONSULTATION REGARDING PROSECUTION 
OF TERRORISTS. 
(a) IN GENERAL.—Before any officer or employee of 
the Department of Justice institutes any prosecution of 
an alien in a United States district court for a terrorist 
offense, the Attorney General, Deputy Attorney General, 
or Assistant Attorney General for the Criminal Division, 
shall consult with the Director of National Intelligence 
and the Secretary of Defense about— 
(1) whether the prosecution should take place 
in a United States district court or before a military 
commission under chapter 47A of title 10, United 
States Code; and 
(2) whether the individual should be transferred 
into military custody for purposes of intelligence 
interviews. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘terrorist offense’’ means any of-
fense for which the defendant could be tried by a 
military commission under chapter 47A of title 10, 
United States Code; and 
(2) the term ‘‘alien’’ means any person who is 
not a citizen of the United States.
592 
SEC. 1043. PROHIBITION ON UNITED STATES CITIZENSHIP 
FOR DETAINEES REPATRIATED TO THE FED-
ERATED STATES OF MICRONESIA, THE RE-
PUBLIC OF PALAU, AND THE REPUBLIC OF 
THE MARSHALL ISLANDS. 
(a) 
PROHIBITION
ON
CITIZENSHIP.—Notwith-
standing the Compact of Free Association, an individual 
described in subsection (b) who has been repatriated to 
the Federated States of Micronesia, the Republic of Palau, 
or the Republic of the Marshall Islands may not be af-
forded the rights and benefits put forth in the Compact 
of Free Association. 
(b) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is located at United States Naval Station, 
Guantanamo Bay, Cuba, on or after September 11, 
2001, while— 
(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.
593 
SEC. 1044. SENSE OF CONGRESS REGARDING THE EFFORTS 
BY THE DEPARTMENT OF DEFENSE TO KEEP 
AMERICA SAFE FROM TERRORIST ATTACKS 
SINCE 9/11. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Since September 11, 2001, at least 30 
planned terrorist attacks have been foiled and Spe-
cial Operation forces completed the mission to kill 
Osama bin Laden. 
(2) The Department of Defense and the Armed 
Services have worked diligently and honorably to 
protect citizens at home and abroad. 
(3) The Department of Defense and the Armed 
Services are meeting the challenges of the global 
struggle against terrorism. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) we continue to affirm our commitment to 
support the Department of Defense and the United 
States Armed Forces; 
(2) we recognize that the Department of De-
fense and the United States Armed Forces have 
worked diligently and honorably to protect citizens 
of the United States at home and abroad;
594 
(3) we recognize that the Department of De-
fense and the United States Armed Forces are meet-
ing the challenges of the global struggle against ter-
rorism; 
(4) we commend the men and women of the De-
partment of Defense and the United States Armed 
Forces for the tremendous commitment to keeping 
our country safe; and 
(5) we honor the Department of Defense and 
the United States Armed Forces for their success in 
preventing terrorist attacks on U.S. soil and around 
the world since 9/11. 
SEC. 1045. NATIONAL SECURITY PLANNING GUIDANCE TO 
DENY SAFE HAVENS TO AL-QAEDA AND ITS 
VIOLENT EXTREMIST AFFILIATES. 
(a) PURPOSE AND FINDINGS.— 
(1) PURPOSE.—The purpose of this section is 
to improve interagency strategic planning and execu-
tion to more effectively integrate efforts to deny safe 
havens and strengthen at-risk states to further the 
goals of the National Security Strategy related to 
the disruption, dismantlement, and defeat of al- 
Qaeda and its violent extremist affiliates. 
(2) FINDINGS.—Congress makes the following 
findings:
595 
(A) In Iraq, Afghanistan, and other areas 
where stabilization operations are carried out, 
the lack of an integrated, coordinated planning 
effort in which the goals, objectives, and prior-
ities of the United States effort and the roles 
and missions of the various agencies of the 
United States were clearly delineated has ham-
pered the efforts of the United States in such 
operations and may have contributed to in-
creased costs in funding, time, effort, and other 
terms. 
(B) The fight against al-Qaeda and its vio-
lent extremist affiliates, and the threat to the 
United States by transnational terrorism, will 
continue for the foreseeable future. 
(C) A key component of success in the 
struggle against al-Qaeda and its violent ex-
tremist affiliates is the ability to deny safe ha-
vens to al-Qaeda, its violent extremist affiliates, 
and other violent extremist organizations, and 
United States national security interests will 
sometimes require the United States to assist in 
building the capabilities of other countries and 
entities to deny such violent extremist organiza-
tions safe havens and to participate in regional
596 
efforts to deny such violent extremist organiza-
tions safe havens. 
(b) NATIONAL SECURITY PLANNING GUIDANCE.— 
(1) GUIDANCE REQUIRED.—The President shall 
issue classified or unclassified national security plan-
ning guidance in support of objectives stated in the 
national security strategy report submitted to Con-
gress by the President pursuant to section 108 of 
the National Security Act of 1947 (50 U.S.C. 404a) 
to deny safe havens to al-Qaeda and its violent ex-
tremist affiliates and to strengthen at-risk states. 
Such guidance shall serve as the strategic plan that 
governs United States and coordinated international 
efforts to enhance the capacity of governmental and 
nongovernmental entities to work toward the goal of 
eliminating the ability of al-Qaeda and its violent ex-
tremist affiliates to establish or maintain safe ha-
vens. 
(2) CONTENTS OF GUIDANCE.—The guidance 
required under paragraph (1) shall include each of 
the following: 
(A) A prioritized list of specified geo-
graphic areas that the President determines are 
necessary to address and an explicit discussion 
and list of the criteria or rationale used to
597 
prioritize the areas on the list, including a dis-
cussion of the conditions that would hamper the 
ability of the United States to strengthen at- 
risk states or other entities in such areas. 
(B) For each specified geographic area, a 
description, analysis, and discussion of the core 
problems and contributing issues that allow or 
could allow al-Qaeda and its violent extremist 
affiliates to use the area as a safe haven from 
which to plan and launch attacks, engage in 
propaganda, or raise funds and other support, 
including 
any 
ongoing 
or 
potential 
radicalization of the population, or to use the 
area as a key transit route for personnel, weap-
ons, funding, or other support. 
(C) A list of short-term, mid-term, and 
long-term goals for each specified geographic 
area, prioritized by importance. 
(D) A description of the role and mission 
of each Federal department and agency in-
volved in executing the guidance, including the 
Departments of Defense, Justice, Treasury, and 
State and the Agency for International Devel-
opment.
598 
(E) A description of gaps in United States 
capabilities to meet the goals listed pursuant to 
subparagraph (C), and the extent to which 
those gaps can be met through coordination 
with nongovernmental, international, or private 
sector organizations, entities, or companies. 
(3) REVIEW AND UPDATE OF GUIDANCE.—The 
President shall review and update the guidance re-
quired under paragraph (1) as necessary. Any such 
review shall address each of the following: 
(A) The overall progress made toward 
achieving the goals listed pursuant to para-
graph (2)(C), including an overall assessment of 
the progress in denying a safe haven to al- 
Qaeda and its violent extremist affiliates. 
(B) The performance of each Federal de-
partment and agency involved in executing the 
guidance. 
(C) The performance of the unified coun-
try team and appropriate combatant command, 
or in the case of a cross-border effort, country 
teams in the area and the appropriate combat-
ant command.
599 
(D) Any addition to, deletion from, or 
change in the order of the prioritized list main-
tained pursuant to paragraph (2)(A). 
(4) SPECIFIED GEOGRAPHIC AREA DEFINED.— 
In this subsection, the term ‘‘specified geographic 
area’’ means any country, subnational territory, or 
region— 
(A) that serves or may potentially serve as 
a safe haven for al-Qaeda or a violent extremist 
affiliate of al-Qaeda— 
(i) from which to plan and launch at-
tacks, engage in propaganda, or raise 
funds and other support; or 
(ii) for use as a key transit route for 
personnel, weapons, funding, or other sup-
port; and 
(B) over which one or more governments 
or entities exert insufficient governmental or se-
curity control to deny al-Qaeda and its violent 
extremist affiliates the ability to establish a 
large scale presence. 
(5) SUBMITTAL TO CONGRESS.—Not later than 
15 days after the President issues the guidance re-
quired under paragraph (1) or reviews or updates 
such guidance under paragraph (3), the President
600 
shall submit to the Committees on Armed Services 
and Foreign Affairs of the House of Representatives 
and the Committees on Armed Services and Foreign 
Relations of the Senate a copy of such guidance. 
(c) IMPLEMENTATION.— 
(1) MEMORANDUM
OF
UNDERSTANDING
RE-
QUIRED.—The head of each agency listed in the na-
tional security planning guidance required under 
subsection (b) shall enter into a memorandum of un-
derstanding regarding matters related to the imple-
mentation of such guidance. 
(2) MATTERS COVERED.— The memorandum of 
understanding required by paragraph (1) shall in-
clude each of the following: 
(A) An identification of the positions sup-
plied by each department or agency to country 
teams or teams and the appropriate combatant 
command in each specified geographic area that 
are critical for carrying out the national secu-
rity planning guidance. 
(B) The criteria used by each department 
or agency for the selection of appropriate per-
sonnel to fill the positions identified as critical 
pursuant to subparagraph (A), including the 
manner of soliciting the input from other de-