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(c) DISPOSITION UNDER LAW OF WAR.—The disposi-
tion of a person under the law of war as described in sub-
section (a) may include the following: 
(1) Detention under the law of war without trial 
until the end of the hostilities authorized by the Au-
thorization for Use of Military Force. 
(2) Trial under chapter 47A of title 10, United 
States Code (as amended by the Military Commis-
sions Act of 2009 (title XVIII of Public Law 111– 
84)). 
(3) Transfer for trial by an alternative court or 
competent tribunal having lawful jurisdiction. 
(4) Transfer to the custody or control of the per-
son’s country of origin, any other foreign country, or 
any other foreign entity. 
(d) CONSTRUCTION.—Nothing in this section is in-
tended to limit or expand the authority of the President 
or the scope of the Authorization for Use of Military Force. 
(e) AUTHORITIES.—Nothing in this section shall be 
construed to affect existing law or authorities, relating to 
the detention of United States citizens, lawful resident 
aliens of the United States or any other persons who are 
captured or arrested in the United States. 
(f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.— 
The Secretary of Defense shall regularly brief Congress re-
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† HR 1540 EAS 
garding the application of the authority described in this 
section, including the organizations, entities, and individ-
uals considered to be ‘‘covered persons’’ for purposes of sub-
section (b)(2). 
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY. 
(a) CUSTODY PENDING DISPOSITION UNDER LAW OF 
WAR.— 
(1) IN GENERAL.—Except as provided in para-
graph (4), the Armed Forces of the United States 
shall hold a person described in paragraph (2) who 
is captured in the course of hostilities authorized by 
the Authorization for Use of Military Force (Public 
Law 107–40) in military custody pending disposition 
under the law of war. 
(2) COVERED
PERSONS.—The requirement in 
paragraph (1) shall apply to any person whose deten-
tion is authorized under section 1031 who is deter-
mined— 
(A) to be a member of, or part of, al-Qaeda 
or an associated force that acts in coordination 
with or pursuant to the direction of al-Qaeda; 
and 
(B) to have participated in the course of 
planning or carrying out an attack or attempted
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† HR 1540 EAS 
attack against the United States or its coalition 
partners. 
(3) DISPOSITION UNDER LAW OF WAR.—For pur-
poses of this subsection, the disposition of a person 
under the law of war has the meaning given in sec-
tion 1031(c), except that no transfer otherwise de-
scribed in paragraph (4) of that section shall be made 
unless consistent with the requirements of section 
1033. 
(4) WAIVER FOR NATIONAL SECURITY.—The Sec-
retary of Defense may, in consultation with the Sec-
retary of State and the Director of National Intel-
ligence, waive the requirement of paragraph (1) if the 
Secretary submits to Congress a certification in writ-
ing that such a waiver is in the national security in-
terests of the United States. 
(b) APPLICABILITY TO UNITED STATES CITIZENS AND 
LAWFUL RESIDENT ALIENS.— 
(1) UNITED STATES CITIZENS.—The requirement 
to detain a person in military custody under this sec-
tion does not extend to citizens of the United States. 
(2) LAWFUL
RESIDENT
ALIENS.—The require-
ment to detain a person in military custody under 
this section does not extend to a lawful resident alien 
of the United States on the basis of conduct taking
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† HR 1540 EAS 
place within the United States, except to the extent 
permitted by the Constitution of the United States. 
(c) IMPLEMENTATION PROCEDURES.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the President 
shall issue, and submit to Congress, procedures for 
implementing this section. 
(2) ELEMENTS.—The procedures for imple-
menting this section shall include, but not be limited 
to, procedures as follows: 
(A) Procedures designating the persons au-
thorized to make determinations under sub-
section (a)(2) and the process by which such de-
terminations are to be made. 
(B) Procedures providing that the require-
ment for military custody under subsection 
(a)(1) does not require the interruption of ongo-
ing surveillance or intelligence gathering with 
regard to persons not already in the custody or 
control of the United States. 
(C) Procedures providing that a determina-
tion under subsection (a)(2) is not required to be 
implemented until after the conclusion of an in-
terrogation session which is ongoing at the time
423 
† HR 1540 EAS 
the determination is made and does not require 
the interruption of any such ongoing session. 
(D) Procedures providing that the require-
ment for military custody under subsection 
(a)(1) does not apply when intelligence, law en-
forcement, or other government officials of the 
United States are granted access to an indi-
vidual who remains in the custody of a third 
country. 
(E) Procedures providing that a certifi-
cation of national security interests under sub-
section (a)(4) may be granted for the purpose of 
transferring a covered person from a third coun-
try if such a transfer is in the interest of the 
United States and could not otherwise be accom-
plished. 
(d) EFFECTIVE DATE.—This section shall take effect 
on the date that is 60 days after the date of the enactment 
of this Act, and shall apply with respect to persons de-
scribed in subsection (a)(2) who are taken into the custody 
or brought under the control of the United States on or after 
that effective date.
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† HR 1540 EAS 
SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELAT-
ING TO THE TRANSFER OF DETAINEES AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR
TO TRANS-
FER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (d), the Secretary of Defense 
may not use any amounts authorized to be appro-
priated or otherwise available to the Department of 
Defense for fiscal year 2012 to transfer any indi-
vidual detained at Guantanamo to the custody or 
control of the individual’s country of origin, any 
other foreign country, or any other foreign entity un-
less the Secretary submits to Congress the certification 
described in subsection (b) not later than 30 days be-
fore the transfer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not apply 
to any action taken by the Secretary to transfer any 
individual detained at Guantanamo to effectuate— 
(A) an order affecting the disposition of the 
individual that is issued by a court or competent 
tribunal of the United States having lawful ju-
risdiction (which the Secretary shall notify Con-
gress of promptly after issuance); or
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† HR 1540 EAS 
ensure that the individual cannot engage or reengage 
in any terrorist activity; and 
(6) has agreed to share with the United States 
any information that— 
(A) is related to the individual or any asso-
ciates of the individual; and 
(B) could affect the security of the United 
States, its citizens, or its allies. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED RE-
CIDIVISM.— 
(1) PROHIBITION.—Except as provided in para-
graph (2) and subsection (d), the Secretary of Defense 
may not use any amounts authorized to be appro-
priated or otherwise made available to the Depart-
ment of Defense to transfer any individual detained 
at Guantanamo to the custody or control of the indi-
vidual’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 Station, Guantanamo Bay, Cuba, at 
any time after September 11, 2001, who was trans-
ferred to such foreign country or entity and subse-
quently engaged in any terrorist activity.
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† HR 1540 EAS 
(2) EXCEPTION.—Paragraph (1) shall not apply 
to any action taken by the Secretary to transfer any 
individual detained at Guantanamo to effectuate— 
(A) an order affecting the disposition of the 
individual that is issued by a court or competent 
tribunal of the United States having lawful ju-
risdiction (which the Secretary shall notify Con-
gress of promptly after issuance); or 
(B) a pre-trial agreement entered in a mili-
tary commission case prior to the date of the en-
actment of this Act. 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN GENERAL.—The Secretary of Defense may 
waive the applicability to a detainee transfer of a cer-
tification requirement specified in paragraph (4) or 
(5) of subsection (b) or the prohibition in subsection 
(c) if the Secretary, with the concurrence of the Sec-
retary of State and in consultation with the Director 
of National Intelligence, determines that— 
(A) alternative actions will be taken to ad-
dress the underlying purpose of the requirement 
or requirements to be waived; 
(B) in the case of a waiver of paragraph (4) 
or (5) of subsection (b), it is not possible to cer-
tify that the risks addressed in the paragraph to
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† HR 1540 EAS 
be waived have been completely eliminated, but 
the actions to be taken under subparagraph (A) 
will substantially mitigate such risks with re-
gard to the individual to be transferred; 
(C) in the case of a waiver of subsection (c), 
the Secretary has considered any confirmed case 
in which an individual who was transferred to 
the country subsequently engaged in terrorist ac-
tivity, and the actions to be taken under sub-
paragraph (A) will substantially mitigate the 
risk of recidivism with regard to the individual 
to be transferred; and 
(D) the transfer is in the national security 
interests of the United States. 
(2) REPORTS.—Whenever the Secretary makes a 
determination under paragraph (1), the Secretary 
shall submit to the appropriate committees of Con-
gress, not later than 30 days before the transfer of the 
individual concerned, the following: 
(A) A copy of the determination and the 
waiver concerned. 
(B) A statement of the basis for the deter-
mination, including—
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† HR 1540 EAS 
(i) an explanation why the transfer is 
in the national security interests of the 
United States; and 
(ii) in the case of a waiver of para-
graph (4) or (5) of subsection (b), an expla-
nation why it is not possible to certify that 
the risks addressed in the paragraph to be 
waived have been completely eliminated. 
(C) A summary of the alternative actions to 
be taken to address the underlying purpose of, 
and to mitigate the risks addressed in, the para-
graph or subsection to be waived. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term ‘‘individual detained at Guanta-
namo’’ means any individual located at United
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† HR 1540 EAS 
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 control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ 
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). 
(f) REPEAL OF SUPERSEDED AUTHORITY.—Section 
1033 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4351) 
is repealed.
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† HR 1540 EAS 
SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR 
MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO 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 Defense 
unless authorized by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED
AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ has the meaning given that term in section 
1033(e)(2). 
(d) REPEAL OF SUPERSEDED AUTHORITY.—Section 
1034 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4353) 
is amended by striking subsections (a), (b), and (c).
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† HR 1540 EAS 
SEC. 1035. PROCEDURES FOR PERIODIC DETENTION RE-
VIEW OF INDIVIDUALS DETAINED AT UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, 
CUBA. 
(a) PROCEDURES REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the appropriate commit-
tees of Congress a report setting forth procedures for imple-
menting the periodic review process required by Executive 
Order No. 13567 for individuals detained at United States 
Naval Station, Guantanamo Bay, Cuba, pursuant to the 
Authorization for Use of Military Force (Public Law 107– 
40). 
(b) COVERED MATTERS.—The procedures submitted 
under subsection (a) shall, at a minimum— 
(1) clarify that the purpose of the periodic re-
view process is not to determine the legality of any 
detainee’s law of war detention, but to make discre-
tionary determinations whether or not a detainee rep-
resents a continuing threat to the security of the 
United States; 
(2) clarify that the Secretary of Defense is re-
sponsible for any final decision to release or transfer 
an individual detained in military custody at United 
States Naval Station, Guantanamo Bay, Cuba, pur-
suant to the Executive Order referred to in subsection
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† HR 1540 EAS 
(a), and that in making such a final decision, the 
Secretary shall consider the recommendation of a 
periodic review board or review committee established 
pursuant to such Executive Order, but shall not be 
bound by any such recommendation; and 
(3) ensure that appropriate consideration is 
given to factors addressing the need for continued de-
tention of the detainee, including— 
(A) the likelihood the detainee will resume 
terrorist activity if transferred or released; 
(B) the likelihood the detainee will reestab-
lish ties with al-Qaeda, the Taliban, or associ-
ated forces that are engaged in hostilities against 
the United States or its coalition partners if 
transferred or released; 
(C) the likelihood of family, tribal, or gov-
ernment rehabilitation or support for the de-
tainee if transferred or released; 
(D) the likelihood the detainee may be sub-
ject to trial by military commission; and 
(E) any law enforcement interest in the de-
tainee. 
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means—
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† HR 1540 EAS 
(1) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and 
(2) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 1036. PROCEDURES FOR STATUS DETERMINATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate committees of Congress a 
report setting forth the procedures for determining the sta-
tus of persons detained pursuant to the Authorization for 
Use of Military Force (Public Law 107–40) for purposes 
of section 1031. 
(b) ELEMENTS OF PROCEDURES.—The procedures re-
quired by this section shall provide for the following in the 
case of any unprivileged enemy belligerent who will be held 
in long-term detention under the law of war pursuant to 
the Authorization for Use of Military Force: 
(1) A military judge shall preside at proceedings 
for the determination of status of an unprivileged 
enemy belligerent. 
(2) An unprivileged enemy belligerent may, at 
the election of the belligerent, be represented by mili-
tary counsel at proceedings for the determination of 
status of the belligerent.
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† HR 1540 EAS 
(c) REPORT ON MODIFICATION OF PROCEDURES.—The 
Secretary of Defense shall submit to the appropriate com-
mittees of Congress a report on any modification of the pro-
cedures submitted under this section. The report on any 
such modification shall be so submitted not later than 60 
days before the date on which such modification goes into 
effect. 
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and 
(2) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 1037. 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 
the sentence in accordance with section 949i(b) of this 
title’’; and
436 
† HR 1540 EAS 
(2) in subparagraph (D), by inserting ‘‘on the 
sentence’’ after ‘‘vote was taken’’. 
(b) PRE-TRIAL AGREEMENTS.—Section 949i of such 
title is amended by adding at the end the following new 
subsection: 
‘‘(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 announce-
ment of the sentence may form the basis for an agreement 
reducing the maximum sentence approved by the convening 
authority, including the reduction of a sentence of death 
to a lesser punishment, or that the case will be referred to 
a military commission under this chapter without seeking 
the penalty of death. Such an agreement 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 commission 
concurring in the sentence of death as provided in section 
949m(b)(2)(D) of this title.’’.
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† HR 1540 EAS 
Subtitle E—Miscellaneous 
Authorities and Limitations 
SEC. 1041. MANAGEMENT OF DEPARTMENT OF DEFENSE IN-
STALLATIONS. 
(a) SECRETARY OF DEFENSE AUTHORITY.—Chapter 
159 of title 10, United States Code, is amended by inserting 
after section 2671 the following new section: 
‘‘§ 2672. Protection of property 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
protect the buildings, grounds, and property that are under 
the jurisdiction, custody, or control of the Department of 
Defense and the persons on that property. 
‘‘(b) OFFICERS AND AGENTS.— 
‘‘(1) DESIGNATION.—(A) The Secretary may des-
ignate military or civilian personnel of the Depart-
ment of Defense as officers and agents to perform the 
functions of the Secretary under subsection (a), in-
cluding, with regard to civilian officers and agents, 
duty in areas outside the property specified in that 
subsection to the extent necessary to protect that prop-
erty and persons on that property. 
‘‘(B) A designation under subparagraph (A) 
may be made by individual, by position, by installa-
tion, or by such other category of personnel as the 
Secretary determines appropriate.
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† HR 1540 EAS 
‘‘(C) In making a designation under subpara-
graph (A) with respect to any category of personnel, 
the Secretary shall specify each of the following: 
‘‘(i) The personnel or positions to be in-
cluded in the category. 
‘‘(ii) Which authorities provided for in 
paragraph (2) may be exercised by personnel in 
that category. 
‘‘(iii) In the case of civilian personnel in 
that category— 
‘‘(I) which authorities provided for in 
paragraph (2), if any, are authorized to be 
exercised outside the property specified in 
subsection (a); and 
‘‘(II) with respect to the exercise of any 
such authorities outside the property speci-
fied in subsection (a), the circumstances 
under which coordination with law enforce-
ment officials outside of the Department of 
Defense should be sought in advance. 
‘‘(D) The Secretary may make a designation 
under subparagraph (A) only if the Secretary deter-
mines, with respect to the category of personnel to be 
covered by that designation, that—
439 
† HR 1540 EAS 
‘‘(i) the exercise of each specific authority 
provided for in paragraph (2) to be delegated to 
that category of personnel is necessary for the 
performance of the duties of the personnel in that 
category and such duties cannot be performed as 
effectively without such authorities; and 
‘‘(ii) the necessary and proper training for 
the authorities to be exercised is available to the 
personnel in that category. 
‘‘(2) POWERS.—Subject to subsection (h) and to 
the extent specifically authorized by the Secretary, 
while engaged in the performance of official duties 
pursuant to this section, an officer or agent des-
ignated under this subsection may— 
‘‘(A) enforce Federal laws and regulations 
for the protection of persons and property; 
‘‘(B) carry firearms; 
‘‘(C) make arrests— 
‘‘(i) without a warrant for any offense 
against the United States committed in the 
presence of the officer or agent; or 
‘‘(ii) for any felony cognizable under 
the laws of the United States if the officer 
or agent has reasonable grounds to believe
440 
† HR 1540 EAS 
that the person to be arrested has committed 
or is committing a felony; 
‘‘(D) serve warrants and subpoenas issued 
under the authority of the United States; and 
‘‘(E) conduct investigations, on and off the 
property in question, of offenses that may have 
been committed against property under the juris-
diction, custody, or control of the Department of 
Defense or persons on such property. 
‘‘(c) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary may prescribe 
regulations, including traffic regulations, necessary 
for the protection and administration of property 
under the jurisdiction, custody, or control of the De-
partment of Defense and persons on that property. 
The regulations may include reasonable penalties, 
within the limits prescribed in paragraph (2), for vio-
lations of the regulations. The regulations shall be 
posted and remain posted in a conspicuous place on 
the property to which they apply. 
‘‘(2) PENALTIES.—A person violating a regula-
tion prescribed under this subsection shall be fined 
under title 18, imprisoned for not more than 30 days, 
or both.
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† HR 1540 EAS 
‘‘(d) LIMITATION ON DELEGATION OF AUTHORITY.— 
The authority of the Secretary of Defense under subsections 
(b) and (c) may be exercised only by the Secretary or Dep-
uty Secretary of Defense. 
‘‘(e) DISPOSITION OF PERSONS ARRESTED.—A person 
who is arrested pursuant to authority exercised under sub-
section (b) may not be held in a military confinement facil-
ity, other than in the case of a person who is subject to 
chapter 47 of this title (the Uniform Code of Military Jus-
tice). 
‘‘(f) FACILITIES
AND SERVICES
OF OTHER AGEN-
CIES.—In implementing this section, when the Secretary 
determines it to be economical and in the public interest, 
the Secretary may utilize the facilities and services of Fed-
eral, State, tribal, and local law enforcement agencies, with 
the consent of those agencies, and may reimburse those 
agencies for the use of their facilities and services. 
‘‘(g) AUTHORITY OUTSIDE FEDERAL PROPERTY.—For 
the protection of property under the jurisdiction, custody, 
or control of the Department of Defense and persons on that 
property, the Secretary may enter into agreements with 
Federal agencies and with State, tribal, and local govern-
ments to obtain authority for civilian officers and agents 
designated under this section to enforce Federal laws and 
State, tribal, and local laws concurrently with other Federal
442 
† HR 1540 EAS 
law enforcement officers and with State, tribal, and local 
law enforcement officers. 
‘‘(h) ATTORNEY GENERAL APPROVAL.—The powers 
granted pursuant to subsection (b)(2) to officers and agents 
designated under subsection (b)(1) shall be exercised in ac-
cordance with guidelines approved by the Attorney General. 
‘‘(i) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed— 
‘‘(1) to preclude or limit the authority of any 
Federal law enforcement agency; 
‘‘(2) to restrict the authority of the Secretary of 
Homeland Security or of the Administrator of Gen-
eral Services to promulgate regulations affecting 
property under the custody and control of that Sec-
retary or the Administrator, respectively; 
‘‘(3) to expand or limit section 21 of the Internal 
Security Act of 1950 (50 U.S.C. 797); 
‘‘(4) to affect chapter 47 of this title; or 
‘‘(5) to restrict any other authority of the Sec-
retary of Defense or the Secretary of a military de-
partment.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2671 the following new item: 
‘‘2672. Protection of property.’’.
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† HR 1540 EAS 
SEC. 1042. AMENDMENTS RELATING TO THE MILITARY COM-
MISSIONS ACT OF 2009. 
(a) REFERENCE TO HOW CHARGES ARE MADE.—Sec-
tion 949a(b)(2)(C) of title 10, United States Code, is 
amended by striking ‘‘preferred’’ in clauses (i) and (ii) and 
inserting ‘‘sworn’’. 
(b) JUDGES OF UNITED STATES COURT OF MILITARY 
COMMISSION REVIEW.—Section 949b(b) of such title is 
amended— 
(1) in paragraph (1)(A), by striking ‘‘a military 
appellate judge or other duly appointed judge under 
this chapter on’’ and inserting ‘‘a judge on’’; 
(2) in paragraph (2), by striking ‘‘a military 
appellate judge on’’ and inserting ‘‘a judge on’’; and 
(3) in paragraph (3)(B), by striking ‘‘an appel-
late military judge or a duly appointed appellate 
judge on’’ and inserting ‘‘a judge on’’. 
(c) PANELS OF UNITED STATES COURT OF MILITARY 
COMMISSION REVIEW.—Section 950f(a) of such title is 
amended by striking ‘‘appellate military judges’’ in the sec-
ond sentence and inserting ‘‘judges on the Court’’. 
(d) REVIEW OF FINAL JUDGMENTS BY UNITED STATES 
COURT OF APPEALS FOR THE D.C. CIRCUIT.— 
(1) CLARIFICATION OF MATTER SUBJECT TO RE-
VIEW.—Subsection (a) of section 950g of such title is
444 
† HR 1540 EAS 
amended by inserting ‘‘as affirmed or set aside as in-
correct in law by’’ after ‘‘where applicable,’’. 
(2) CLARIFICATION ON TIME FOR SEEKING RE-
VIEW.—Subsection (c) of such section is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘by the accused’’ and all that follows 
through ‘‘which—’’ and inserting ‘‘in the Court 
of Appeals—’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘not later than 20 
days after the date on which’’ after ‘‘(1)’’; 
and 
(ii) by striking ‘‘on the accused or on 
defense counsel’’ and inserting ‘‘on the par-
ties’’; and 
(C) in paragraph (2)— 
(i) by inserting ‘‘if’’ after ‘‘(2)’’; and 
(ii) by inserting before the period the 
following: ‘‘, not later than 20 days after 
the date on which such notice is submitted’’.
445 
† HR 1540 EAS 
SEC. 1043. DEPARTMENT OF DEFENSE AUTHORITY TO 
CARRY 
OUT 
PERSONNEL 
RECOVERY 
RE-
INTEGRATION 
AND 
POST-ISOLATION 
SUP-
PORT ACTIVITIES. 
(a) IN GENERAL.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1056 the 
following new section: 
‘‘§ 1056a. Reintegration of recovered Department of 
Defense personnel; post-isolation support 
activities for other recovered personnel 
‘‘(a) REINTEGRATION AND SUPPORT AUTHORIZED.— 
The Secretary of Defense may carry out the following: 
‘‘(1) Reintegration activities for recovered per-
sons who are Department of Defense personnel. 
‘‘(2) Post-isolation support activities for or on 
behalf of other recovered persons who are officers or 
employees of the United States Government, military 
or civilian officers or employees of an allied or coali-
tion partner of the United States, or other United 
States or foreign nationals. 
‘‘(b) ACTIVITIES AUTHORIZED.—(1) The activities au-
thorized by subsection (a) for or on behalf of a recovered 
person may include the following: 
‘‘(A) The provision of food, clothing, necessary 
medical support, and essential sundry items for the 
recovered person.
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‘‘(B) In accordance with regulations prescribed 
by the Secretary of Defense, travel and transportation 
allowances for not more than three family members, 
or other designated individuals, determined by the 
commander or head of a military medical treatment 
facility to be beneficial for the reintegration of the re-
covered person and whose presence may contribute to 
improving the physical and mental health of the re-
covered person. 
‘‘(C) Transportation or reimbursement for trans-
portation in connection with the attendance of the re-
covered person at events or functions determined by 
the commander or head of a military medical treat-
ment facility to contribute to the physical and mental 
health of the recovered person. 
‘‘(2) Medical support may be provided under para-
graph (1)(A) to a recovered person who is not a member 
of the armed forces for not more than 20 days. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘post-isolation support’, in the 
case of a recovered person, means— 
‘‘(A) the debriefing of the recovered person 
following a separation as described in paragraph 
(2);
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‘‘(B) activities to promote or support the 
physical and mental health of the recovered per-
son following such a separation; and 
‘‘(C) other activities to facilitate return of 
the recovered person to military or civilian life 
as expeditiously as possible following such a sep-
aration. 
‘‘(2) The term ‘recovered person’ means an indi-
vidual who is returned alive from separation (whether 
as an individual or a group) while participating in 
or in association with a United States-sponsored 
military activity or mission in which the individual 
was detained in isolation or held in captivity by a 
hostile entity. 
‘‘(3) The term ‘reintegration’, in the case of a re-
covered person, means— 
‘‘(A) the debriefing of the recovered person 
following a separation as described in paragraph 
(2); 
‘‘(B) activities to promote or support for the 
physical and mental health of the recovered per-
son following such a separation; and 
‘‘(C) other activities to facilitate return of 
the recovered person to military duty or employ-
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ment with the Department of Defense as expedi-
tiously as possible following such a separation.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 53 of such title is amended by in-
serting after the item relating to section 1056 the following 
new item: 
‘‘1056a. Reintegration of recovered Department of Defense personnel; post-isolation 
support activities for other recovered personnel.’’. 
SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION 
ACT OF CERTAIN SENSITIVE NATIONAL SECU-
RITY INFORMATION. 
(a) CRITICAL INFRASTRUCTURE SECURITY INFORMA-
TION.— 
(1) IN GENERAL.—The Secretary of Defense may 
exempt certain Department of Defense information 
from disclosure under section 552 of title 5, United 
States Code, upon a written determination that— 
(A) the information is Department of De-
fense critical infrastructure security information; 
and 
(B) the public interest in the disclosure of 
such information does not outweigh the Govern-
ment’s interest in withholding such information 
from the public. 
(2) INFORMATION PROVIDED TO STATE OR LOCAL 
FIRST RESPONDERS.—Critical infrastructure security
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information covered by a written determination 
under this subsection that is provided to a State or 
local government to assist first responders in the event 
that emergency assistance should be required shall be 
deemed to remain under the control of the Depart-
ment of Defense. 
(b) MILITARY FLIGHT OPERATIONS QUALITY ASSUR-
ANCE SYSTEM.—The Secretary of Defense may exempt in-
formation contained in any data file of the Military Flight 
Operations Quality Assurance system of a military depart-
ment from disclosure under section 552 of title 5, United 
States Code, upon a written determination that the disclo-
sure of such information in the aggregate (and when com-
bined with other information already in the public domain) 
would reveal sensitive information regarding the tactics, 
techniques, procedures, processes, or operational and main-
tenance capabilities of military combat aircraft, units, or 
aircrews. Information covered by a written determination 
under this subsection shall be exempt from disclosure under 
such section 552 even when such information is contained 
in a data file that is not exempt in its entirety from such 
disclosure. 
(c) DELEGATION.—The Secretary of Defense may dele-
gate the authority to make a determination under sub-
section (a) or (b) to any civilian official in the Department
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of Defense or a military department who is appointed by 
the President, by and with the advice and consent of the 
Senate. 
(d) TRANSPARENCY.—Each determination of the Sec-
retary, or the Secretary’s designee, under subsection (a) or 
(b) shall be made in writing and accompanied by a state-
ment of the basis for the determination. All such determina-
tions and statements of basis shall be available to the public, 
upon request, through the office of the Assistant Secretary 
of Defense for Public Affairs. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Department of Defense critical in-
frastructure security information’’ means sensitive 
but unclassified information that, if disclosed, would 
reveal vulnerabilities in Department of Defense crit-
ical infrastructure that, if exploited, would likely re-
sult in the significant disruption, destruction, or 
damage of or to Department of Defense operations, 
property, or facilities, including information regard-
ing the securing and safeguarding of explosives, haz-
ardous chemicals, or pipelines, related to critical in-
frastructure or protected systems owned or operated 
by or on behalf of the Department of Defense, includ-
ing vulnerability assessments prepared by or on be-
half of the Department, explosives safety information
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(including storage and handling), and other site-spe-
cific information on or relating to installation secu-
rity. 
(2) The term ‘‘data file’’ means a file of the Mili-
tary Flight Operations Quality Assurance system that 
contains information acquired or generated by the 
Military Flight Operations Quality Assurance system, 
including the following: 
(A) Any data base containing raw Military 
Flight Operations Quality Assurance data. 
(B) Any analysis or report generated by the 
Military Flight Operations Quality Assurance 
system or which is derived from Military Flight 
Operations Quality Assurance data. 
SEC. 1045. CLARIFICATION OF AIRLIFT SERVICE DEFINI-
TIONS RELATING TO THE CIVIL RESERVE AIR 
FLEET. 
(a) CLARIFICATION.—Section 41106 of title 49, United 
States Code, is amended— 
(1) by striking ‘‘transport category aircraft’’ in 
subsections (a)(1), (b), and (c) and inserting ‘‘CRAF- 
eligible aircraft’’; and 
(2) in subsection (c), by striking ‘‘that has air-
craft in the civil reserve air fleet’’ and inserting ‘‘re-
ferred to in subsection (a)’’.
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(b) CRAF-ELIGIBLE AIRCRAFT DEFINED.—Such sec-
tion is further amended by adding at the end the following 
new subsection: 
‘‘(e) CRAF-ELIGIBLE AIRCRAFT DEFINED.—In this 
section, the term ‘CRAF-eligible aircraft’ means aircraft of 
a type the Secretary of Defense has determined to be eligible 
to participate in the Civil Reserve Air Fleet.’’. 
SEC. 1046. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EM-
PLOYEES OF THE DEPARTMENT OF DEFENSE 
AS ADVISORS TO FOREIGN MINISTRIES OF 
DEFENSE AND INTERNATIONAL PEACE AND 
SECURITY ORGANIZATIONS. 
(a) AUTHORITY.—The Secretary of Defense may, with 
the concurrence of the Secretary of State, carry out a pro-
gram to assign civilian employees of the Department of De-
fense as advisors to the ministries of defense (or security 
agencies serving a similar defense function) of foreign coun-
tries and international peace and security organizations in 
order to— 
(1) provide institutional, ministerial-level ad-
vice, and other training to personnel of the ministry 
or organization to which assigned in support of sta-
bilization or post-conflict activities; or
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(2) assist such ministry or organization in 
building core institutional capacity, competencies, 
and capabilities to manage defense-related processes. 
(b) TERMINATION OF AUTHORITY.— 
(1) IN GENERAL.—The authority of the Secretary 
of Defense to assign civilian employees under the pro-
gram under subsection (a) terminates at the close of 
September 30, 2014. 
(2) CONTINUATION OF ASSIGNMENTS.—Any as-
signment of a civilian employee under subsection (a) 
before the date specified in paragraph (1) may con-
tinue after that date, but only using funds available 
for fiscal year 2012, 2013, or 2014. 
(c) ANNUAL REPORT.—Not later than December 30 
each year through 2014, the Secretary of Defense shall sub-
mit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Represent-
atives a report on activities under the program under sub-
section (a) during the preceding fiscal year. Each report 
shall include, for the fiscal year covered by such report, the 
following: 
(1) A list of the defense ministries and inter-
national peace and security organizations to which 
civilian employees were assigned under the program.
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(2) A statement of the number of such employees 
so assigned. 
(3) A statement of the duration of the various as-
signments of such employees. 
(4) A brief description of the activities carried 
out such by such employees pursuant to such assign-
ments. 
(5) A statement of the cost of each such assign-
ment. 
(d) COMPTROLLER GENERAL REPORT.—Not later than 
December 30, 2013, the Comptroller General of the United 
States shall submit to the committees of Congress specified 
in subsection (c) a report setting forth an assessment of the 
effectiveness of the advisory services provided by civilian 
employees assigned under the program under subsection (a) 
as of the date of the report in meeting the purposes of the 
program. 
SEC. 1047. NET ASSESSMENT OF NUCLEAR FORCE LEVELS 
REQUIRED WITH RESPECT TO CERTAIN PRO-
POSALS TO REDUCE THE NUCLEAR WEAPONS 
STOCKPILE OF THE UNITED STATES. 
(a) IN GENERAL.—If, on or after the date of the enact-
ment of this Act, the President makes a proposal described 
in subsection (b), the President shall—
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(1) conduct a net assessment of the current and 
proposed nuclear forces of the United States and of 
other countries that possess nuclear weapons to deter-
mine whether the nuclear forces of the United States 
are anticipated to be capable of meeting the objectives 
of the United States with respect to nuclear deter-
rence, extended deterrence, assurance of allies, and de-
fense; and 
(2) as soon as practicable after the date on which 
the President makes such a proposal, submit that as-
sessment to the congressional defense committees. 
(b) PROPOSAL DESCRIBED.— 
(1) IN GENERAL.—A proposal described in this 
subsection is a proposal— 
(A) to reduce the number of deployed nu-
clear weapons of the United States to a level that 
is lower than the level described in the Treaty be-
tween the United States of America and the Rus-
sian Federation on Measures for the Further Re-
duction and Limitation of Strategic Offensive 
Arms, signed at Prague April 8, 2010; or 
(B) except as provided in paragraph (2), to 
reduce, in a calendar year before 2022, the num-
ber of non-deployed nuclear weapons held by the 
United States as a hedge.