H. R. 933—125 
Capacity Manual over a consecutive 90-day period; (2) the Depart-
ment of Defense and the Virginia Department of Transportation 
agree on the number of additional parking spaces that may be 
made available to employees of the facility subject to continued 
90-day traffic monitoring; and (3) the Secretary of Defense notifies 
the congressional defense committees in writing at least 14 days 
prior to exercising this waiver of the number of additional parking 
spaces to be made available. 
SEC. 8105. Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall resume quarterly 
reporting of the numbers of civilian personnel end strength by 
appropriation account for each and every appropriation account 
used to finance Federal civilian personnel salaries to the congres-
sional defense committees within 15 days after the end of each 
fiscal quarter. 
SEC. 8106. None of the funds appropriated in this or any 
other Act may be used to plan, prepare for, or otherwise take 
any action to undertake or implement the separation of the National 
Intelligence Program budget from the Department of Defense 
budget. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8107. Upon a determination by the Director of National 
Intelligence that such action is necessary and in the national 
interest, the Director may, with the approval of the Office of 
Management and Budget, transfer not to exceed $2,000,000,000 
of the funds made available in this Act for the National Intelligence 
Program: Provided, That such authority to transfer may not be 
used unless for higher priority items, based on unforeseen intel-
ligence requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That a request 
for multiple reprogrammings of funds using authority provided 
in this section shall be made prior to June 30, 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8108. In addition to amounts provided elsewhere in the 
Act, there is appropriated $270,000,000 for an additional amount 
for ‘‘Operation and Maintenance, Defense-Wide’’, to be available 
until expended: Provided, That such funds shall only be available 
to the Secretary of Defense, acting through the Office of Economic 
Adjustment of the Department of Defense, or for transfer to the 
Secretary of Education, notwithstanding any other provision of law, 
to make grants, conclude cooperative agreements, or supplement 
other Federal funds to construct, renovate, repair, or expand 
elementary and secondary public schools on military installations 
in order to address capacity or facility condition deficiencies at 
such schools: Provided further, That in making such funds available, 
the Office of Economic Adjustment or the Secretary of Education 
shall give priority consideration to those military installations with 
schools having the most serious capacity or facility condition defi-
ciencies as determined by the Secretary of Defense: Provided fur-
ther, That funds may not be made available for a school unless 
its enrollment of Department of Defense-connected children is 
greater than 50 percent.
H. R. 933—126 
SEC. 8109. None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, 
or assist in the transfer or release to or within the United States, 
its territories, or possessions Khalid Sheikh Mohammed or any 
other detainee who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, at the United 
States Naval Station, Guanta´namo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 8110. (a)(1) Except as provided in paragraph (2) and 
subsection (d), none of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer any 
individual detained at Guanta´namo to the custody or control of 
the individual’s country of origin, any other foreign country, or 
any other foreign entity unless the Secretary of Defense submits 
to Congress the certification described in subsection (b) not later 
than 30 days before the transfer of the individual. 
(2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guanta´namo 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 jurisdiction (which the Secretary shall 
notify Congress of promptly after issuance); or 
(B) a pre-trial agreement entered in a military commission 
case prior to the date of the enactment of this Act. 
(b) A certification described in this subsection is a written 
certification made by the Secretary of Defense, with the concurrence 
of the Secretary of State and in consultation with the Director 
of National Intelligence, that— 
(1) the government of the foreign country or the recognized 
leadership of the foreign entity to which the individual detained 
at Guanta´namo is to be transferred— 
(A) is not a designated state sponsor of terrorism or 
a designated foreign terrorist organization; 
(B) maintains control over each detention facility in 
which the individual is to be detained if the individual 
is to be housed in a detention facility; 
(C) is not, as of the date of the certification, facing 
a threat that is likely to substantially affect its ability 
to exercise control over the individual; 
(D) has taken or agreed to take effective actions to 
ensure that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the future; 
(E) has taken or agreed to take such actions as the 
Secretary of Defense determines are necessary to ensure 
that the individual cannot engage or re-engage in any 
terrorist activity; and 
(F) has agreed to share with the United States any 
information 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; and 
(2) includes an assessment, in classified or unclassified 
form, of the capacity, willingness, and past practices (if
H. R. 933—127 
applicable) of the foreign country or entity in relation to the 
Secretary’s certifications. 
(c)(1) Except as provided in paragraph (2) and subsection (d), 
none of the funds appropriated or otherwise made available in 
this or any other Act may be used to transfer any individual 
detained at Guanta´namo to the custody or control of the individual’s 
country of origin, any other foreign country, or any other foreign 
entity if there is a confirmed case of any individual who was 
detained at United States Naval Station, Guanta´namo Bay, Cuba, 
at any time after September 11, 2001, who was transferred to 
such foreign country or entity and subsequently engaged in any 
terrorist activity. 
(2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guanta´namo 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 jurisdiction (which the Secretary shall 
notify Congress of promptly after issuance); or 
(B) a pre-trial agreement entered in a military commission 
case prior to the date of the enactment of this Act. 
(d)(1) The Secretary of Defense may waive the applicability 
to a detainee transfer of a certification requirement specified in 
subparagraph (D) or (E) of subsection (b)(1) or the prohibition 
in subsection (c), if the Secretary certifies the rest of the criteria 
required by subsection (b) for transfers prohibited by (c) and, with 
the concurrence of the Secretary of State and in consultation with 
the Director of National Intelligence, determines that— 
(A) alternative actions will be taken to address the under-
lying purpose of the requirement or requirements to be waived; 
(B) in the case of a waiver of subparagraph (D) or (E) 
of subsection (b)(1), it is not possible to certify that the risks 
addressed in the paragraph to be waived have been completely 
eliminated, but the actions to be taken under subparagraph 
(A) will substantially mitigate such risks with regard 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 ter-
rorist activity, and the actions to be taken under subparagraph 
(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) Whenever the Secretary makes a determination under para-
graph (1), the Secretary shall submit to the appropriate committees 
of Congress, 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 determination, 
including— 
(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 subparagraph (D) or 
(E) of subsection (b)(1), an explanation why it is not possible 
to certify that the risks addressed in the subparagraph 
to be waived have been completely eliminated.
H. R. 933—128 
(C) A summary of the alternative actions to be taken to 
address the underlying purpose of, and to mitigate the risks 
addressed in, the subparagraph or subsection to be waived. 
(D) The assessment required by subsection (b)(2). 
(e) In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(2) The term ‘‘individual detained at Guanta´namo’’ means 
any individual located at United States Naval Station, 
Guanta´namo 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, Guanta´namo Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ means any 
organization so designated by the Secretary of State under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189). 
SEC. 8111. (a) None of the funds appropriated or otherwise 
made available in this or any other Act may be used to construct, 
acquire, or modify any facility in the United States, its territories, 
or possessions to house any individual described in subsection (c) 
for the purposes of detention or imprisonment in the custody or 
under the effective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply to any 
modification 
of 
facilities 
at 
United 
States 
Naval 
Station, 
Guanta´namo Bay, Cuba. 
(c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guanta´namo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(2) is— 
(A) in the custody or under the effective control of 
the Department of Defense; or 
(B) otherwise under detention at United States Naval 
Station, Guanta´namo Bay, Cuba. 
SEC. 8112. None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all judicial 
and administrative remedies have been exhausted or have lapsed, 
and that is not being paid in a timely manner pursuant to an 
agreement with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid tax 
liability, unless the agency has considered suspension or debarment 
of the corporation and made a determination that this further 
action is not necessary to protect the interests of the Government.