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Subtitle D—Counterterrorism 
SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAK-
ING REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ‘‘2010’’ and inserting 
‘‘2011’’. 
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by 
this Act may be used to transfer, release, or assist in the 
transfer or release to or within the United States, its terri-
tories, 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 Department of Defense. 
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SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO 
THE TRANSFER OF INDIVIDUALS DETAINED 
AT 
NAVAL 
STATION, 
GUANTANAMO 
BAY, 
CUBA, TO FOREIGN COUNTRIES AND OTHER 
FOREIGN ENTITIES. 
(a) LIMITATION.—The Secretary of Defense may not 
use any of the amounts authorized to be appropriated by 
this Act or otherwise available to the Department of De-
fense to transfer any individual detained at Guantanamo 
to the custody or effective control of the individual’s coun-
try of origin, to any other foreign country, or to any other 
foreign entity unless the Secretary submits to Congress 
the certification described in subsection (b) by not later 
than 30 days before the transfer of the individual. 
(b) CERTIFICATION.—The certification described in 
this subsection is a written certification made by the Sec-
retary of Defense, with concurrence of the Secretary of 
State, that 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— 
(1) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organization; 
(2) maintains effective control over each deten-
tion facility in which an individual is to be detained 
if the individual is to be housed in a detention facil-
ity; 
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(3) 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; 
(4) has agreed to take effective steps to ensure 
that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the fu-
ture; 
(5) has taken such steps as the Secretary deter-
mines are necessary to ensure that the individual 
cannot engage or re-engage in any terrorist activity; 
and 
(6) has agreed to share any information with 
the United States that— 
(A) is related to the individual or any asso-
ciates of the individual; and 
(B) could affect the security of the United 
States, its citizens, or its allies. 
(c) PROHIBITION AND WAIVER IN CASES OF PRIOR 
CONFIRMED RECIDIVISM.— 
(1) PROHIBITION.—The Secretary of Defense 
may not use any amount 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 of the individual’s 
country of origin, to any other foreign country, or to 
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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 transferred to 
the foreign country or entity and subsequently en-
gaged in any terrorist activity. 
(2) WAIVER.—The Secretary of Defense may 
waive the prohibition in paragraph (1) if the Sec-
retary determines that such a transfer is in the na-
tional security interests of the United States and in-
cludes, as part of the certification described in sub-
section (b) relating to such transfer, the determina-
tion of the Secretary under this paragraph. 
(d) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘individual detained at Guanta-
namo’’ means any individual who is 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— 
(i) in the custody or under the effec-
tive control of the Department of Defense; 
or 
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(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(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). 
SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MOD-
IFY OR CONSTRUCT FACILITIES IN THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—None of the funds authorized to 
be appropriated by this Act may be used to construct or 
modify any facility in the United States, its territories, 
or possessions to house any individual described in sub-
section (c) for the purposes of detention or imprisonment 
in the custody or under the effective control of the Depart-
ment 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) INDIVIDUALS DESCRIBED.—An individual de-
scribed in this subsection is any individual who, as of Oc-
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tober 1, 2009, is located at United States Naval Station, 
Guantanamo 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, Guantanamo Bay, Cuba. 
(d) REPORT ON USE OF FACILITIES IN THE UNITED 
STATES
TO HOUSE DETAINEES TRANSFERRED FROM 
GUANTANAMO.— 
(1) REPORT REQUIRED.—Not later than April 
1, 2011, the Secretary of Defense shall submit to 
the congressional defense committees a report, in 
classified or unclassified form, on the merits, costs, 
and risks of using any proposed 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 cus-
tody or under the effective control of the Depart-
ment of Defense. 
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(2) ELEMENTS OF THE REPORT.—The report 
required in paragraph (1) shall include each of the 
following: 
(A) A discussion of the merits associated 
with any such proposed facility that would jus-
tify— 
(i) using the facility instead of the fa-
cility at United States Naval Station, 
Guantanamo Bay, Cuba; and 
(ii) the proposed facility’s contribution 
to effecting a comprehensive policy for con-
tinuing military detention operations. 
(B) The rationale for selecting the specific 
site for any such proposed facility, including de-
tails for the processes and criteria used for 
identifying the merits described in subpara-
graph (A) and for selecting the proposed site 
over reasonable alternative sites. 
(C) A discussion of any potential risks to 
any community in the vicinity of any such pro-
posed facility, the measures that could be taken 
to mitigate such risks, and the likely cost to the 
Department of Defense of implementing such 
measures. 
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(D) A discussion of any necessary modi-
fications to any such proposed facility to ensure 
that any detainee transferred from Guantanamo 
Bay to such facility could not come into contact 
with any other individual, including any other 
person detained at such facility, that is not ap-
proved for such contact by the Department of 
Defense, and an assessment of the likely costs 
of such modifications. 
(E) A discussion of any support at the site 
of any such proposed facility that would likely 
be provided by the Department of Defense, in-
cluding the types of support, the number of per-
sonnel required for each such type, and an esti-
mate of the cost of such support. 
(F) A discussion of any support, other 
than support provided at a proposed facility, 
that would likely be provided by the Depart-
ment of Defense for the operation of any such 
proposed facility, including the types of possible 
support, the number of personnel required for 
each such type, and an estimate of the cost of 
such support. 
(G) A discussion of the legal issues, in the 
judgment of the Secretary of Defense, that 
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could be raised as a result of detaining or im-
prisoning any individual described in subsection 
(c) at any such proposed facility that could not 
be raised while such individual is detained or 
imprisoned at United States Naval Station, 
Guantanamo Bay, Cuba. 
SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTEC-
TION POLICIES. 
(a) COMPREHENSIVE REVIEW REQUIRED.—The Sec-
retary of Defense shall conduct a comprehensive review 
of Department of Defense policies, regulations, instruc-
tions, and directives pertaining to force protection within 
the Department. 
(b) MATTERS COVERED.—The review required under 
subsection (a) shall include an assessment of each of the 
following: 
(1) Information sharing practices across the 
Department of Defense, and among the State, local, 
and Federal partners of the Department of Defense. 
(2) Antiterrorism and force protection stand-
ards relating to standoff distances for buildings. 
(3) Protective standards relating to chemical, 
biological, radiological, nuclear, and high explosives 
threats. 
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(4) Standards relating to access to Department 
bases. 
(5) Standards for identity management within 
the Department, including such standards for iden-
tity cards and biometric identifications systems. 
(6) Procedures for validating and approving in-
dividuals with regular or episodic access to military 
installations, including military personnel, civilian 
employees, contractors, family members of per-
sonnel, and other types of visitors. 
(7) Procedures for sharing with appropriate De-
partment of Defense officials— 
(A) information from the intelligence or 
law enforcement community regarding possible 
contacts with terrorists or terrorist groups, 
criminal organizations, or other state and non- 
state foreign entities actively working to under-
mine the security interests of the United States; 
and 
(B) personnel records or other derogatory 
information regarding potentially suspicious ac-
tivities. 
(8) Any legislative changes recommended for 
implementing the recommendations contained in the 
review. 
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(c) INTERIM REPORT.—Not later than March 1, 
2011, the Secretary of Defense shall submit an interim 
report on the comprehensive report required under sub-
section (a). 
(d) FINAL REPORT.—Not later than June 1, 2011, 
the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Represent-
atives a final report on the comprehensive review required 
under subsection (a). The final report shall include such 
findings and recommendations as the Secretary considers 
appropriate based on the review, including recommended 
actions to be taken to implement the specific recommenda-
tions in the final report. The final report shall be sub-
mitted in an unclassified format, but may include a classi-
fied annex. 
SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTA-
TION FUND. 
(a) ESTABLISHMENT OF FUND.—Of the amounts au-
thorized to be appropriated under section 301(5), the Sec-
retary of Defense shall deposit $100,000,000 into a fund 
to be known as the ‘‘Fort Hood Follow-on Review Imple-
mentation Fund’’. Amounts deposited in the Fund shall 
be available to the Secretary to address the recommenda-
tions contained in the review known as the ‘‘Fort Hood 
Follow-on Review’’. 
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(b) TRANSFER AUTHORITY.— 
(1) TRANSFERS AUTHORIZED.—Amounts in the 
Fort Hood Follow-on Review Implementation Fund 
may be transferred to any of the following accounts 
and funds of the Department of Defense for the pur-
pose of addressing any of the recommendations con-
tained the Fort Hood Follow-on Review: 
(A) Military personnel accounts. 
(B) Operation and maintenance accounts. 
(C) Procurement accounts. 
(D) Research, development, test, and eval-
uation accounts. 
(E) Defense working capital funds. 
(F) Defense Health Program accounts. 
(2) ADDITIONAL TRANSFER AUTHORITY.—The 
transfer authority provided by paragraph (1) is in 
addition to any other transfer authority available to 
the Department of Defense. 
(3) TRANSFERS BACK TO THE FUND.—Upon 
the Secretary’s determination that all or part of the 
funds transferred from the Fort Hood Follow-on Re-
view Implementation Fund under paragraph (1) are 
not necessary for the purpose for which such funds 
were transferred, such funds may be transferred 
back to the Fund. 
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