H. R. 1735—242 
SEC. 1026. INDEPENDENT ASSESSMENT OF UNITED STATES COMBAT 
LOGISTIC FORCE REQUIREMENTS. 
(a) ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall seek to 
enter into an agreement with a federally funded research and 
development center with appropriate expertise and analytical 
capability to conduct an assessment of the anticipated future 
demands of the combat logistics force ships of the Navy and 
the challenges such ships may face when conducting and sup-
porting future naval operations in contested maritime environ-
ments. 
(2) ELEMENTS.—The assessment under paragraph (1) shall 
include the following: 
(A) An assessment of the programmed ability of the 
United States Combat Logistic Force to support the Navy 
and the naval forces of allies of the United States that 
are operating in a dispersed manner and not concentrated 
in carrier or expeditionary strike groups, in accordance 
with the concept of distributed lethality of the Navy. 
(B) An assessment of the programmed ability of the 
United States Combat Logistic Force to support the Navy 
and the naval forces of allies of the United States that 
are engaged in major combat operations against an 
adversary possessing maritime anti-access and area-denial 
capabilities, including anti-ship ballistic and cruise mis-
siles, land-based maritime strike aircraft, submarines, and 
sea mines. 
(C) An assessment of the programmed ability of the 
United States Combat Logistic Force to support distributed 
and expeditionary air operations from an expanded set 
of alternative and austere air bases in accordance with 
concepts under development by the Air Force and the 
Marine Corps. 
(D) An assessment of gaps and deficiencies in the capa-
bility and capacity of the United States Combat Logistic 
Force to conduct and support operations of the United 
States and allies under the conditions described in subpara-
graphs (A), (B), and (C). 
(E) Recommendations for adjustments to the pro-
grammed ability of the United States Combat Logistic 
Force to address capability and capacity gaps and defi-
ciencies described in subparagraph (D). 
(F) Any other matters the federally funded research 
and development center considers appropriate. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than April 1, 2016, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report that includes the assessment under sub-
section (a) and any other matters the Secretary considers appro-
priate. 
(2) FORM.—The report required under paragraph (1) shall 
be submitted in unclassified form, but may include a classified 
annex. 
(c) SUPPORT.—The Secretary of Defense shall provide the feder-
ally funded research and development center that conducts the 
assessment under subsection (a) with timely access to appropriate
H. R. 1735—243 
information, data, resources, and analyses necessary for the center 
to conduct such assessment thoroughly and independently. 
Subtitle D—Counterterrorism 
SEC. 1031. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE 
UNITED STATES. 
No amounts authorized to be appropriated or otherwise made 
available for the Department of Defense may be used during the 
period beginning on the date of the enactment of this Act and 
ending on December 31, 2016, to transfer, release, or assist in 
the transfer or release to or within the United States, its territories, 
or possessions of 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 January 20, 2009, at United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 1032. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
FACILITIES 
IN 
THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be appropriated 
or otherwise made available for the Department of Defense may 
be used during the period beginning on the date of the enactment 
of this Act and ending on December 31, 2016, to construct or 
modify any facility in the United States, its territories, or posses-
sions to house any individual detained at Guantanamo 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 Sta-
tion, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 
section, the term ‘‘individual detained at Guantanamo’’ has the 
meaning given that term in section 1034(f)(2). 
SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 
RELEASE TO CERTAIN COUNTRIES OF INDIVIDUALS 
DETAINED AT UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
No amounts authorized to be appropriated or otherwise avail-
able for the Department of Defense may be used during the period 
beginning on the date of the enactment of this Act and ending 
on December 31, 2016, to transfer, release, or assist in the transfer 
or release of any individual detained in the custody or under the 
control of the Department of Defense at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to the custody or control of any 
country, or any entity within such country, as follows: 
(1) Libya. 
(2) Somalia. 
(3) Syria.
H. R. 1735—244 
(4) Yemen. 
SEC. 1034. REENACTMENT AND MODIFICATION OF CERTAIN PRIOR 
REQUIREMENTS FOR CERTIFICATIONS RELATING TO 
TRANSFER OF DETAINEES AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR TO TRANSFER.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary of Defense may not use any amounts authorized 
to be appropriated or otherwise available to the Department 
of Defense to transfer any individual detained at Guantanamo 
to the custody or control of the individual’s country of origin, 
any other foreign country, or any other foreign entity unless 
the Secretary submits to the appropriate committees of Con-
gress the certification described in subsection (b) not later 
than 30 days before 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 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 Sec-
retary shall notify the appropriate committees of Congress of 
promptly after issuance). 
(b) CERTIFICATION.—A certification described in this subsection 
is a written certification made by the Secretary that— 
(1) the transfer concerned is in the national security 
interests of the United States; 
(2) the government of the foreign country or the recognized 
leadership of the foreign entity to which the individual detained 
at Guantanamo concerned 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) has taken or agreed to take appropriate steps to 
substantially mitigate any risk the individual could attempt 
to reengage in terrorist activity or otherwise threaten the 
United States or its allies or interests; and 
(D) has agreed to share with the United States any 
information that is related to the individual; 
(3) if the country to which the individual is to be transferred 
is a country to which the United States transferred an indi-
vidual who was detained at United States Naval Station, 
Guantanamo Bay, Cuba, at any time after September 11, 2001, 
and such transferred individual subsequently engaged in any 
terrorist activity, the Secretary has— 
(A) considered such circumstances; and 
(B) determined that the actions to be taken as 
described in paragraph (2)(C) will substantially mitigate 
the risk of recidivism with regard to the individual to 
be transferred; and 
(4) includes an intelligence assessment, in classified or 
unclassified form, of the capacity, willingness, and past prac-
tices (if applicable) of the foreign country or foreign entity
H. R. 1735—245 
concerned in relation to the certification of the Secretary under 
this subsection. 
(c) COORDINATION WITH PROHIBITION ON TRANSFER TO CERTAIN 
COUNTRIES.—While the prohibition in section 1033 is in effect, 
no certification may be made under subsection (b) in connection 
with the transfer of an individual detained at Guantanamo to 
a country specified in such section. 
(d) 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 national security of the United 
States if released for the purpose of making a certification under 
subsection (b), the Secretary may give favorable consideration to 
any such individual— 
(1) who has substantially cooperated with United States 
intelligence and law enforcement authorities, pursuant to a 
pre-trial agreement, while in the custody of or under the effec-
tive control of the Department of Defense; and 
(2) for whom agreements and effective mechanisms are 
in place, to the extent relevant and necessary, to provide for 
continued cooperation with United States intelligence and law 
enforcement authorities. 
(e) REPORT.—Whenever the Secretary makes a certification 
under subsection (b) with respect to an individual detained at 
Guantanamo, the Secretary shall submit to the appropriate commit-
tees of Congress, together with such certification, a report that 
shall include, at a minimum, the following: 
(1) A detailed statement of the basis for the transfer of 
the individual. 
(2) An explanation why the transfer of the individual is 
in the national security interests of the United States. 
(3) A description of actions taken to mitigate the risks 
of reengagement by the individual as described in subsection 
(b)(2)(C), including any actions taken to address factors relevant 
to an applicable prior case of reengagement described in sub-
section (b)(3). 
(4) A copy of any Periodic Review Board findings relating 
to the individual. 
(5) A copy of the final recommendation by the Guantanamo 
Detainee Review Task Force established pursuant to Executive 
Order 13492 relating to the individual and, if applicable, 
updated information related to any change to such rec-
ommendation. 
(6) An assessment whether, as of the date of the certifi-
cation, the country to which the individual is to be transferred 
is facing a threat that could substantially affect its ability 
to exercise control over the individual. 
(7) A classified summary of— 
(A) the individual’s record of cooperation, if any, while 
in the custody of or under the effective control of the 
Department of Defense; and 
(B) any agreements and mechanisms in place to provide 
for continuing cooperation. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Appropriations,
H. R. 1735—246 
and the Select Committee on Intelligence of the Senate; 
and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Appropriations, and 
the Permanent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term ‘‘individual detained at Guantanamo’’ 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, Guantanamo 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). 
(4) The term ‘‘state sponsor of terrorism’’ has the meaning 
given that term in section 301(13) of the Comprehensive Iran 
Sanctions, Accountability, and Divestment Act of 2010 (22 
U.S.C. 8541(13)). 
(g) REPEAL OF SUPERSEDED REQUIREMENTS AND LIMITATIONS.— 
Section 1035 of the National Defense Authorization Act for Fiscal 
Year 2014 (Public Law 113–66; 127 Stat. 851; 10 U.S.C. 801 note) 
is repealed. 
SEC. 1035. COMPREHENSIVE DETENTION STRATEGY. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall, in con-
sultation with the Attorney General and the Director of National 
Intelligence, submit to the congressional defense committees a 
report setting forth the details of a comprehensive strategy for 
the detention of current and future individuals captured and held 
pursuant to the Authorization for Use of Military Force (Public 
Law 107–40) pending the end of hostilities. 
(b) ELEMENTS.—The report required by subsection (a) shall 
contain the following: 
(1) The specific facility or facilities that are intended to 
be used, or modified to be used, to hold individuals for purpose 
of trial and incarceration after conviction or detention and 
interrogation pursuant to the law of armed conflict. 
(2) The estimated costs associated with the detention of 
individuals detained for purpose of trial, incarceration after 
conviction, or continued detention under the law of armed con-
flict, including the costs of— 
(A) improvements, additions, or changes to each facility 
specified pursuant to paragraph (1); 
(B) construction of new facilities, if any; 
(C) maintenance, operation, and sustainment of any 
such facility; 
(D) security; 
(E) military, civilian, and contractor support personnel; 
and
H. R. 1735—247 
(F) other matters associated with support of detention 
operations. 
(3) A plan for the disposition of such individuals if the 
authority to continue detaining an individual pursuant to the 
law of armed conflict were to expire while such individual 
is being detained, and an assessment of possible actions that 
could be taken to mitigate any adverse implications of such 
a scenario to the national security interests of the United 
States. 
(4) A plan for the disposition of individuals held pursuant 
to the Authorization for Use of Military Force who are currently 
detained at the United States Naval Base, Guantanamo Bay, 
Cuba. 
(5) A plan for the disposition of future detainees held 
pursuant to the Authorization for Use of Military Force. 
(6) The additional authorities, if any, necessary to detain 
an individual pursuant to the law of armed conflict as an 
unprivileged enemy belligerent pursuant to the Authorization 
for Use of Military Force pending the end of hostilities or 
a future determination by the Secretary of Defense that such 
individual no longer requires continued detention. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
SEC. 1036. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF 
FORCES AT OR CLOSURE OF UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) PROHIBITION ON USE OF FUNDS.—No amounts authorized 
to be appropriated or otherwise made available for the Department 
of Defense for fiscal year 2016 may be used— 
(1) to close or abandon United States Naval Station, 
Guantanamo Bay, Cuba; 
(2) to relinquish control of Guantanamo Bay to the Republic 
of Cuba; or 
(3) to implement a material modification to the Treaty 
Between the United States of America and Cuba signed at 
Washington, D.C. on May 29, 1934 that constructively closes 
United States Naval Station, Guantanamo Bay. 
(b) REPORT.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
setting forth an assessment of the military implications of 
United States Naval Station Guantanamo Bay, Cuba. 
(2) ELEMENTS.—The report shall include the following: 
(A) An historical analysis of the use and significance 
of the basing at United States Naval Station, Guantanamo 
Bay. 
(B) A description of the personnel, resources, and base 
operations based out of United States Naval Station, 
Guantanamo Bay, as of the date of the enactment of this 
Act. 
(C) An assessment of the role of United States Naval 
Station, Guantanamo Bay, in support of the National Secu-
rity Strategy, the National Defense Strategy, and the 
National Military Strategy.
H. R. 1735—248 
(D) An assessment of the missions and military 
requirements that United States Naval Station, Guanta-
namo Bay, currently supports. 
(E) A description of the uses of United States Naval 
Station, Guantanamo Bay, by other departments and agen-
cies of the United States Government. 
(F) Any other matters the Secretary considers appro-
priate. 
SEC. 1037. 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 of Defense shall submit 
to the appropriate committees and members of Congress a report 
setting forth a list of the individuals detained at Guantanamo 
as of the date of the enactment of this Act who have been deter-
mined 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 assessed as a 
high-risk or medium-risk threat to the United States, its 
interests, or its allies, and an assessment of the justification 
for the designation or assessment. 
(3) Whether, as of the date of the report, currently des-
ignated or assessed as a high-risk or medium-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— 
(A) the new designation or assessment to which 
changed; 
(B) the year and month in which the designation or 
assessment changed; and 
(C) information on, and a justification for, the change 
in designation or assessment. 
(5) To the extent practicable, without jeopardizing intel-
ligence sources and methods— 
(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) FORM.—The report under subsection (a) shall be submitted 
in unclassified form to the maximum extent practicable, but may 
include a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees and members of Con-
gress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence of the Senate;
H. R. 1735—249 
(B) the Majority Leader and the Minority Leader of 
the Senate; 
(C) the Committee on Armed Services, the Committee 
on Appropriations, and the Permanent Select Committee 
on Intelligence of the House of Representatives; and 
(D) the Speaker of the House of Representatives and 
the Minority Leader of the House of Representatives. 
(2) The term ‘‘individual detained at Guantanamo’’ 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, Guantanamo Bay, Cuba. 
SEC. 1038. REPORTS TO CONGRESS ON CONTACT BETWEEN TERROR-
ISTS AND INDIVIDUALS FORMERLY DETAINED AT UNITED 
STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—Section 319(c) of the Supplemental Appropria-
tions Act, 2009 (Public Law 111–32; 123 Stat. 1874; 10 U.S.C. 
801 note) is amended by adding at the end the following new 
paragraph: 
‘‘(6) A summary of all known contact between any indi-
vidual formerly detained at Naval Station Guantanamo Bay 
and any individual known or suspected to be associated with 
a foreign terrorist group, which contact included information 
or discussion about planning for or conduct of hostilities against 
the United States or its allies or the organizational, logistical, 
or resource needs or activities of any terrorist group or 
activity.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in the amendment made 
by subsection (a) shall be construed to terminate, alter, modify, 
override, or otherwise affect any reporting of information required 
under section 319(c) of the Supplemental Appropriations Act, 2009 
before the date of the enactment of this section. 
SEC. 1039. INCLUSION IN REPORTS TO CONGRESS OF INFORMATION 
ABOUT 
RECIDIVISM 
OF 
INDIVIDUALS 
FORMERLY 
DETAINED AT UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Section 319(c) of the Supplemental Appropriations Act, 2009 
(Public Law 111–32; 123 Stat. 1874; 10 U.S.C. 801 note), as 
amended by section 1038, is further amended by adding at the 
end the following new paragraphs: 
‘‘(7) For each individual described in paragraph (4), the 
date on which such individual was released or transferred 
from Naval Station Guantanamo Bay and the date on which 
it is confirmed that such individual is suspected or confirmed 
of reengaging in terrorist activities. 
‘‘(8) The average period of time described in paragraph 
(7) for all the individuals described in paragraph (4).’’.
H. R. 1735—250 
SEC. 1040. REPORT TO CONGRESS ON TERMS OF WRITTEN AGREE-
MENTS 
WITH 
FOREIGN 
COUNTRIES 
REGARDING 
TRANSFER OF DETAINEES AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of State shall jointly submit to the appropriate 
committees of Congress a report describing the terms of any 
written agreement between the United States Government and 
the government of the foreign country concerned regarding 
each individual detained at Guantanamo who was transferred 
to a foreign country pursuant to a negotiated transfer. 
(2) STATEMENT ON LACK OF WRITTEN AGREEMENT.—If an 
individual detained at Guantanamo was transferred to a foreign 
country pursuant to a negotiated transfer and no written agree-
ment exists between the United States Government and the 
government of the foreign country regarding the transfer of 
such individual, the report under paragraph (1) shall include 
an unclassified statement of that fact. 
(3) ARRANGEMENTS WHEN LACK OF WRITTEN AGREEMENT.— 
The report under paragraph (1) shall also provide a description 
of the types and frequency of arrangements or assurances 
applicable to negotiated transfers covered by paragraph (2). 
(4) FORM.—The report under paragraph (1) may be sub-
mitted in classified form, except as provided in paragraph (2). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Foreign Relations, the Committee on Appropriations, 
and the Select Committee on Intelligence of the Senate; 
and 
(B) the Committee on Armed Services, the Committee 
on Foreign Affairs, the Committee on Appropriations, and 
the Permanent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term ‘‘individual detained at Guantanamo’’ 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, Guantanamo Bay, Cuba. 
SEC. 1041. REPORT ON USE OF UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA, AND OTHER DEPARTMENT OF 
DEFENSE OR BUREAU OF PRISONS PRISONS OR DETEN-
TION OR DISCIPLINARY FACILITIES IN RECRUITMENT OR 
OTHER PROPAGANDA OF TERRORIST ORGANIZATIONS. 
Not later than six months after the date of the enactment 
of this Act, the Secretary of Defense shall, in consultation with 
the Director of National Intelligence, submit to Congress a report 
on the use by terrorist organizations and their leaders of images 
and symbols relating to United States Naval Station, Guantanamo