382 
SEC. 1032. 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 may be used during the period beginning on the 
date of the enactment of this Act and ending on December 
31, 2014, to construct or modify any facility in the United 
States, its territories, or possessions 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 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(f)(2). 
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383 
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 to transfer, during the period beginning on 
the date of the enactment of this Act and ending on 
December 31, 2014, any individual detained at Guan-
tanamo 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 
Congress the certification described in subsection (b) 
not later than 30 days before the transfer of the indi-
vidual. 
(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 
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384 
Secretary shall notify Congress of promptly after 
issuance). 
(b) CERTIFICATION.—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 Intel-
ligence, that— 
(1) the government of the foreign country or the 
recognized leadership of the foreign entity to which 
the individual detained at Guantanamo is to be 
transferred— 
(A) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organi-
zation; 
(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 af-
fect its ability to exercise control over the indi-
vidual; 
(D) has taken or agreed to take effective ac-
tions to ensure that the individual cannot take 
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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 nec-
essary to ensure that the individual cannot en-
gage or reengage 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 un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or enti-
ty in relation to the Secretary’s certifications. 
(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, 
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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. 
(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 
Secretary shall notify Congress of promptly after 
issuance). 
(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 subparagraph (D) 
or (E) of subsection (b)(1) or the prohibition in sub-
section (c), if the Secretary certifies the rest of the cri-
teria required by subsection (b) for transfers prohib-
ited by subsection (c) and, with the concurrence of the 
Secretary of State and in consultation with the Direc-
tor of National Intelligence, determines that— 
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