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(c) PROHIBITION IN CASES OF PRIOR CONFIRMED 
RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in para-
graph (2) and subsection (d), the Secretary of De-
fense may not use any amounts authorized to be ap-
propriated or otherwise made available to the De-
partment of Defense to transfer any individual de-
tained at Guantanamo 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 con-
firmed case of any individual who was detained at 
United States Naval Station, Guantanamo 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) EXCEPTION.—Subject to subsection (e), 
paragraph (1) shall not apply to any action taken by 
the Secretary to transfer any individual detained at 
Guantanamo to effectuate an order affecting the dis-
position of the individual that is issued by a court 
or competent tribunal of the United States having 
lawful jurisdiction (which the Secretary shall notify 
the appropriate committees of Congress of promptly 
after issuance). 
(d) NATIONAL SECURITY WAIVER.— 
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(1) IN
GENERAL.—Subject to subsection (e), 
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 subsection 
(c) and, with the concurrence of the Secretary of 
State and in consultation with the Director of Na-
tional 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 subpara-
graph (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 com-
pletely eliminated, but the actions to be taken 
under subparagraph (A) will substantially miti-
gate 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 terrorist 
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activity, 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— 
(i) an explanation why the transfer is 
in the national security interests of the 
United States; 
(ii) in the case of a waiver of para-
graph (D) or (E) of subsection (b)(1), an 
explanation why it is not possible to certify 
that the risks addressed in the paragraph 
to be waived have been completely elimi-
nated; and 
(iii) a classified summary of— 
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(I) the individual’s record of co-
operation while in the custody of or 
under the effective control of the De-
partment of Defense; and 
(II) the agreements and mecha-
nisms in place to provide for con-
tinuing cooperation. 
(C) A summary of the alternative actions 
to be taken to address the underlying purpose 
of, and to mitigate the risks addressed in, the 
paragraph or subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) COORDINATION WITH PROHIBITION ON TRANS-
FER TO YEMEN.—While the prohibition in section 5 is in 
effect, the exception in subsection (c)(2) and the waiver 
authority in subsection (d) shall not apply to authorize 
the transfer of an individual detained at Guantanamo to 
Yemen. 
(f) RECORD OF COOPERATION.—In assessing the risk 
that an individual detained at Guantanamo will engage in 
terrorist activity or other actions that could affect the se-
curity of the United States if released for the purpose of 
making a certification under subsection (b) or a waiver 
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under subsection (d), the Secretary of Defense may give 
favorable consideration to any such individual— 
(1) who has substantially cooperated with 
United States intelligence and law enforcement au-
thorities, pursuant to a pre-trial agreement, while in 
the custody of or under the effective control of the 
Department of Defense; and 
(2) for whom agreements and effective mecha-
nisms are in place, to the extent relevant and nec-
essary, to provide for continued cooperation with 
United States intelligence and law enforcement au-
thorities. 
(g) 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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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 Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
(h) REPEAL OF SUPERSEDED REQUIREMENTS AND 
LIMITATIONS.—Section 1035 of the National Defense Au-
thorization Act for Fiscal Year 2014 (Public Law 113– 
66; 127 Stat. 851; 10 U.S.C. 801 note) is repealed. 
SEC. 7. REPORT ON CURRENT DETAINEES AT UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, 
CUBA, DETERMINED OR ASSESSED TO BE 
HIGH-RISK OR MEDIUM RISK. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
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of Defense shall submit to the appropriate committees of 
Congress a report, in unclassified form, setting forth a list 
of the individuals detained at Guantanamo as of the date 
of the enactment of this Act who have been determined 
or assessed by Joint Task Force Guantanamo, at any time 
before the date of the report, to be a high-risk or medium- 
risk threat to the United States, its interests, or its allies. 
(b) ELEMENTS.—The report under subsection (a) 
shall set forth, for each individual covered by the report, 
the following: 
(1) The name and country of origin. 
(2) The date on which first designated or as-
sessed as a high-risk or medium-risk threat to the 
United States, its interests, or its allies. 
(3) Whether, as of the date of the report, cur-
rently designated or assessed as a high-risk or me-
dium-risk threat to the United States, its interests, 
or its allies. 
(4) If the designation or assessment changed 
between the date specified pursuant to paragraph 
(2) and the date of the report, the year and month 
in which the designation or assessment changed and 
the designation or assessment to which changed. 
(5) To the extent practicable, without jeopard-
izing intelligence sources and methods— 
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(A) prior actions in support of terrorism, 
hostile actions against the United States or its 
allies, gross violations of human rights, and 
other violations of international law; and 
(B) any affiliations with al Qaeda, al 
Qaeda affiliates, or other terrorist groups. 
(c) 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 
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— 
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(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. 
Æ 
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