tilities against the United States or its co-
belligerents on behalf of or in aid of al-Qaeda, 
the Taliban, or associated forces. 
‘‘(2) The term ‘foreign terrorist organization’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter, as amended by section 
4, is further amended by adding at the end the following 
new item: 
‘‘130f. Prohibitions relating to the transfer and release of certain detainees.’’. 
SEC. 6. LIMITATION ON AUTHORITY TO IMPLEMENT EXEC-
UTIVE ORDER OF MARCH 7, 2011. 
(a) LIMITATION.—No action may be taken to imple-
ment the Executive Order entitled ‘‘Periodic Review of In-
dividuals Detained at Guantanamo Bay Naval Station 
Pursuant to the Authorization for Use of Military Force’’ 
and dated March 7, 2011, until the Secretary of Defense 
submits to the appropriate committees of Congress a na-
tional security protocol applicable to each individual who 
is detained at United States Naval Station, Guantanamo 
Bay, Cuba, as of the date of March 7, 2011. Each such 
national security protocol shall include a description of 
each of the following: 
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(1) The authority of an individual covered by 
the protocol to have access to military or civilian 
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 
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and the extent to which such a meeting is to be 
monitored. 
(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. 
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SEC. 7. AFFIRMATION OF ARMED CONFLICT WITH AL- 
QAEDA, 
THE 
TALIBAN, 
AND 
ASSOCIATED 
FORCES. 
(a) IN GENERAL.—Chapter 3 of title 10, United 
States Code, as amended by sections 4 and 5, is further 
amended by adding at the end the following new section: 
‘‘SEC. 130g. AFFIRMATION OF ARMED CONFLICT WITH AL- 
QAEDA, 
THE 
TALIBAN, 
AND 
ASSOCIATED 
FORCES. 
‘‘(a) AFFIRMATION.—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 armed conflict with al-Qaeda, the 
Taliban, and associated forces includes nations, or-
ganizations, and persons who— 
‘‘(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 cobelligerents; or 
‘‘(B) have engaged in hostilities or have 
substantially supported hostilities against the 
United States or its cobelligerents on behalf of 
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or in aid of al-Qaeda, the Taliban, or associated 
forces; and 
‘‘(3) the President’s authority includes the au-
thority to detain belligerents, including persons de-
scribed in paragraph (2) until the termination of 
hostilities. 
‘‘(b) CONGRESSIONAL NOTIFICATION.—(1) The Sec-
retary of Defense shall submit to Congress notification in 
writing— 
‘‘(A) not later than 90 days after the date of 
the enactment of this section, of any entity that is 
considered an associated force for purposes of this 
section as of such date; and 
‘‘(B) after such date, whenever any entity is 
newly considered an associated force for purposes of 
this section. 
‘‘(2) A notification under this subsection may be clas-
sified, as the Secretary determines is necessary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter, as amended by sections 
4 and 5, is further amended by adding at the end the fol-
lowing new item: 
‘‘130g. Affirmation of armed conflict with al-Qaeda, the Taliban, and associated 
forces.’’. 
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SEC. 8. PROHIBITION ON FAMILY MEMBER VISITATION OF 
INDIVIDUALS DETAINED AT NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
The Secretary of Defense shall prohibit any person 
who is a family member of an individual detained at Guan-
tanamo from visiting the individual at United States 
Naval Station, Guantanamo Bay, Cuba. 
SEC. 9. PERMANENT PROHIBITION ON USE OF FUNDS TO 
CONSTRUCT OR MODIFY FACILITIES IN THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANSFERRED FROM NAVAL STATION GUAN-
TANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense may be used to construct or modify any facility 
in the United States, its territories, or possessions to 
house any individual detained at Guantanamo for the pur-
poses of detention or imprisonment in the custody or 
under the control of the Department of Defense. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) CONFORMING REPEAL.—Section 1034 of the Ike 
Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383) is amended by striking 
subsections (a) and (b). 
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SEC. 10. 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 
(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 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-
ment may provide for terms and conditions in addition to 
a guilty plea by the accused in order to be effective. 
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‘‘(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 votes of all members of a military commission concur-
ring in the sentence of death as provided in section 
949m(b)(2)(D) of this title.’’. 
Æ 
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