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(2) provide for presentation of minority views of 
study participants; and 
(3) for the recommended architecture, provide— 
(A) the numbers, kinds, and sizes of vessels, 
the numbers and types of associated manned and 
unmanned vehicles, and the basic capabilities of 
each of those platforms; 
(B) other information needed to understand 
that architecture in basic form and the sup-
porting analysis; 
(C) deviations from the current Annual 
Long-Range Plan for Construction of Naval Ves-
sels required under section 231 of title 10, 
United States Code; 
(D) options to address ship classes that 
begin decommissioning prior to 2035; and 
(E) implications for naval aviation, includ-
ing the future carrier air wing and land-based 
aviation platforms. 
SEC. 1022. AMENDMENT TO NATIONAL SEA-BASED DETER-
RENCE FUND. 
Section 1022(b)(1) of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291) is amended by 
striking ‘‘for the Navy for the Ohio Replacement Program’’.
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† HR 1735 PAP1S 
SEC. 1023. EXTENSION OF AUTHORITY FOR REIMBURSE-
MENT OF EXPENSES FOR CERTAIN NAVY 
MESS OPERATIONS AFLOAT. 
(a) EXTENSION.—Subsection (b) of section 1014 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4585), 
as amended by section 1021 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4348), is further amended by striking 
‘‘September 30, 2015’’ and inserting ‘‘September 30, 2020’’. 
(b) TECHNICAL AND CLARIFYING AMENDMENTS.—Sub-
section (a) of such section, as so amended, is further amend-
ed— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘not more that’’ and inserting ‘‘not more 
than’’; and 
(2) in paragraph (2), by striking ‘‘Naval vessels’’ 
and inserting ‘‘such vessels’’. 
SEC. 1024. ADDITIONAL INFORMATION SUPPORTING LONG- 
RANGE 
PLANS 
FOR 
CONSTRUCTION 
OF 
NAVAL VESSELS. 
Section 231(b)(2)(C) of title 10, United States Code, 
is amended by inserting ‘‘by ship class in both graphical 
and tabular form’’ after ‘‘The estimated levels of annual 
funding’’.
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† HR 1735 PAP1S 
SEC. 1025. REPORT AND ASSESSMENT OF POTENTIAL 
COSTS AND BENEFITS OF PRIVATIZING DE-
PARTMENT OF DEFENSE COMMISSARIES. 
(a) IN GENERAL.—Not later than February 1, 2016, 
the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report assessing the viability of privatizing, in whole 
or in part, the Department of Defense commissary system. 
The report shall be so submitted to Congress before the devel-
opment of any plans or pilot program to privatize defense 
commissaries or the defense commissary system. 
(b) ELEMENTS.—The assessment required by sub-
section (a) shall include, at a minimum, the following: 
(1) A methodology for defining the total number 
and locations of commissaries. 
(2) An evaluation of commissary use by location 
in the following beneficiary categories: 
(A) Pay grades E–1 through E–4. 
(B) Pay grades E–5 through E–7. 
(C) Pay grades E–8 and E–9. 
(D) Pay grades O–1 through O–3. 
(E) Pay grades O–4 through O–6. 
(F) Pay grades O–7 through O–10. 
(G) Military retirees. 
(3) An evaluation of commissary use in locations 
outside the continental United States and in remote
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† HR 1735 PAP1S 
and isolated locations in the continental United 
States when compared with other locations. 
(4) An evaluation of the cost of commissary op-
erations during fiscal years 2009 through 2014. 
(5) An assessment of potential savings and effi-
ciencies to be achieved through implementation of 
some or all of recommendations of the Military Com-
pensation and Retirement Modernization Commis-
sion. 
(6) A description and evaluation of the strategy 
of the Defense Commissary Agency for pricing prod-
ucts sold at commissaries. 
(7) A description and evaluation of the transpor-
tation strategy of the Defense Commissary Agency for 
products sold at commissaries. 
(8) A description and evaluation of the formula 
of the Defense Commissary Agency for calculating 
savings for its customers as a result of its pricing 
strategy. 
(9) An evaluation of the average savings per 
household garnered by commissary use. 
(10) A description and evaluation of the use of 
private contractors and vendors as part of the defense 
commissary system.
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† HR 1735 PAP1S 
(11) An assessment of costs or savings, and po-
tential impacts to patrons and the Government, of 
privatizing the defense commissary system, including 
potential increased use of Government assistance pro-
grams. 
(12) A description and assessment of potential 
barriers to privatization of the defense commissary 
system. 
(13) An assessment of the extent to which patron 
savings would remain after the privatization of the 
defense commissary system. 
(14) An assessment of the impact of any rec-
ommended changes to the operation of the defense 
commissary system on commissary patrons, including 
morale and retention. 
(15) An assessment of the actual interest of 
major grocery retailers in the management and oper-
ations of all, or part, of the existing defense com-
missary system. 
(16) An assessment of the impact of privatiza-
tion of the defense commissary system on off-installa-
tion prices of similar products available in the sys-
tem. 
(17) An assessment of the impact of privatiza-
tion of the defense commissary system, and conversion
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† HR 1735 PAP1S 
of the Defense Commissary Agency workforce to non- 
appropriated fund status, on employment of military 
family members, particularly with respect to pay, 
benefits, and job security. 
(18) An assessment of the impact of privatiza-
tion of the defense commissary system on Exchanges 
and Morale, Welfare and Recreation (MWR) quality- 
of-life programs. 
(c) USE OF PREVIOUS STUDIES.—The Secretary shall 
consult previous studies and surveys on matters appro-
priate to the report required by subsection (a), including, 
but not limited to, the following: 
(1) The January 2015 Final Report of the Mili-
tary Compensation and Retirement Modernization 
Commission. 
(2) The 2014 Military Family Lifestyle Survey 
Comprehensive Report. 
(3) The 2013 Living Patterns Survey. 
(4) The report required by section 634 of the 
Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Pub-
lic Law 113–291) on the management, food, and pric-
ing options for the defense commissary system. 
(d) COMPTROLLER GENERAL ASSESSMENT
OF RE-
PORT.—Not later than May 1, 2016, the Comptroller Gen-
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† HR 1735 PAP1S 
eral of the United States shall submit to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives a report setting forth an assessment by the 
Comptroller General of the report required by subsection 
(a). Section 652 of this Act shall be null and void. 
SEC. 1026. REPORT ON DEPARTMENT OF DEFENSE DEFINI-
TION OF AND POLICY REGARDING SOFTWARE 
SUSTAINMENT. 
(a) REPORT ON ASSESSMENT OF DEFINITION AND 
POLICY.—Not later than March 15, 2016, the Secretary of 
Defense shall submit to the congressional defense committees 
and the President pro tempore of the Senate a report setting 
forth an assessment, obtained by the Secretary for purposes 
of the report, on the definition used by the Department of 
Defense for and the policy of the Department regarding soft-
ware maintenance, particularly with respect to the totality 
of the term ‘‘software sustainment’’ in the definition of 
‘‘depot-level maintenance and repair’’ under section 2460 
of title 10, United States Code. 
(b) INDEPENDENT ASSESSMENT.—The assessment ob-
tained for purposes of subsection (a) shall be conducted by 
a federally funded research and development center 
(FFRDC), or another appropriate independent entity with 
expertise in matters described in subsection (a), selected by 
the Secretary for purposes of the assessment.
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† HR 1735 PAP1S 
(c) ELEMENTS.— 
(1) IN GENERAL.—The assessment obtained for 
purposes of subsection (a) shall address, with respect 
to software and weapon systems of the Department of 
Defense (including space systems), each of the fol-
lowing: 
(A) Fiscal ramifications of current pro-
grams with regard to the size, scope, and cost of 
software to the program’s overall budget, includ-
ing embedded and support software, percentage 
of weapon systems’ functionality controlled by 
software, and reliance on proprietary data, proc-
esses, and components. 
(B) Legal status of the Department in re-
gards to adhering to section 2464(a)(1) of such 
title with respect to ensuring a ready and con-
trolled source of maintenance and sustainment 
on software for its weapon systems. 
(C) Operational risks and reduction to ma-
teriel readiness of current Department weapon 
systems related to software costs, delays, re-work, 
integration and functional testing, defects, and 
documentation errors. 
(D) Other matters as identified by the Sec-
retary.
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† HR 1735 PAP1S 
(2) ADDITIONAL
MATTERS.—For each of sub-
paragraphs (A) through (C) of paragraph (1), the as-
sessment obtained for purposes of subsection (a) shall 
include review and analysis regarding sole-source 
contracts, range of competition, rights in technical 
data, public and private capabilities, integration lab 
initial costs and sustaining operations, and total obli-
gation authority costs of software, disaggregated by 
armed service, for the Department. 
(d) DEPARTMENT OF DEFENSE SUPPORT.—The Sec-
retary of Defense shall provide the independent entity de-
scribed in subsection (b) with timely access to appropriate 
information, data, resources, and analysis so that the entity 
may conduct a thorough and independent assessment as re-
quired under such subsection. 
Subtitle D—Counterterrorism 
SEC. 1031. 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) PROHIBITION.—No amounts authorized to be ap-
propriated by this Act or otherwise available for the Depart-
ment of Defense may be used, during the period beginning 
on the date of the enactment of this Act and ending on the
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† HR 1735 PAP1S 
effective date specified in section 1032(f), to construct or 
modify any facility in the United States, its territories, or 
possessions to house an individual detained at Guantanamo 
for the purpose of detention or imprisonment in the custody 
or control of the United States Government unless author-
ized 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’’ means any individual located at United 
States Naval Station, Guantanamo Bay, Cuba, as of Octo-
ber 1, 2009, 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 control of 
the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
(d) REPEAL OF SUPERSEDED PROHIBITION.—Section 
1033 of the National Defense Authorization Act for Fiscal 
Year 2014 (Public Law 113–66; 127 Stat. 850), as amended 
by section 1032 of the Carl Levin and Howard P. ‘‘Buck’’
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† HR 1735 PAP1S 
McKeon National Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291), is repealed. 
SEC. 1032. LIMITATION ON THE TRANSFER OR RELEASE OF 
INDIVIDUALS DETAINED AT UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—Except as provided in subsection 
(b), no amounts authorized to be appropriated by this Act 
or otherwise available for the Department of Defense may 
be used to transfer, release, or assist in the transfer or re-
lease to or within the United States, its territories, or pos-
sessions 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. 
(b) TRANSFER FOR DETENTION AND TRIAL.—The Sec-
retary of Defense may transfer a detainee described in sub-
section (a) to the United States for detention pursuant to 
the Authorization for Use of Military Force (Public Law 
107–40), trial, and incarceration if the Secretary— 
(1) determines that the transfer is in the na-
tional security interest of the United States;
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† HR 1735 PAP1S 
(2) shall be considered to be paroled into the 
United States temporarily pursuant to section 
212(d)(5)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1182(d)(5)(A)); 
(3) shall not at any time be subject to, and may 
not apply for or obtain, or be deemed to enjoy, any 
right, privilege, status, benefit, or eligibility for any 
benefit under any provision of the immigration laws 
(as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17)), or any 
other law or regulation; and 
(4) shall not, as a result of such transfer, have 
a change in designation as an unprivileged enemy 
belligerent eligible for detention pursuant to the Au-
thorization for Use of Military Force, as determined 
in accordance with applicable law and regulations. 
(e) LIMITATIONS ON JUDICIAL REVIEW.— 
(1) LIMITATIONS.—Except as provided for in 
paragraph (2), no court, justice, or judge shall have 
jurisdiction to hear or consider any action against 
the United States or its agents relating to any aspect 
of the detention, transfer, treatment, or conditions of 
confinement of a detainee described in subsection (a) 
who is held by the Armed Forces of the United States.
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† HR 1735 PAP1S 
(2) EXCEPTION.—A detainee who is transferred 
to the United States under this section shall not be 
deprived of the right to challenge his designation as 
an unprivileged enemy belligerent by filing a writ of 
habeas corpus as provided by the Supreme Court in 
Hamdan v. Rumsfeld (548 U.S. 557 (2006)) and 
Boumediene v. Bush (553 U.S. 723 (2008)). 
(3) NO CAUSE OF ACTION IN DECISION NOT TO 
TRANSFER.—A decision not to transfer a detainee to 
the United States under this section shall not give rise 
to a judicial cause of action. 
(f) EFFECTIVE DATE.—Subsections (b), (c), (d), and 
(e) shall take effect on the effective date of a joint resolution 
approved pursuant to subsection (h) on the plan on the dis-
position of detainees held at United States Naval Station, 
Guantanamo Bay, Cuba, submitted pursuant to subsection 
(g). 
(g) PLAN FOR DISPOSITION OF DETAINEES.— 
(1) REPORT ON PLAN REQUIRED.—The Secretary 
of Defense shall submit to the appropriate committees 
of Congress a report setting forth a comprehensive 
plan on the disposition of detainees held at United 
States Naval Station, Guantanamo Bay, Cuba. 
(2) ELEMENTS.—The report required by para-
graph (1) shall contain the following:
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† HR 1735 PAP1S 
(A) A case-by-case determination made for 
each individual detained at Guantanamo of 
whether such individual is intended to be trans-
ferred to a foreign country, transferred to the 
United States for the purpose of civilian or mili-
tary trial, or transferred to the United States or 
another country for continued detention under 
the law of armed conflict. 
(B) The specific facility or facilities that 
are intended to be used, or modified to be used, 
to hold individuals inside the United States for 
the purpose of trial, for detention in the after-
math of conviction, or for continued detention 
under the law of armed conflict. 
(C) The estimated costs associated with the 
detention inside the United States of individuals 
detained at Guantanamo. 
(D) A description of the legal implications 
associated with the detention inside the United 
States of an individual detained at Guanta-
namo, including but not limited to the right to 
challenge such detention as unlawful. 
(E) A detailed description and assessment, 
made in consultation with the Secretary of State 
and the Director of National Intelligence, of the
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† HR 1735 PAP1S 
actions that would be taken prior to the transfer 
to a foreign country of an individual detained at 
Guantanamo that would substantially mitigate 
the risk of such individual engaging or re-
engaging in any terrorist or other hostile activ-
ity that threatens the United States or United 
States person or interests. 
(F) What additional authorities, if any, 
may be necessary to detain an individual de-
tained at Guantanamo inside the United States 
as an unprivileged enemy belligerent pursuant to 
the Authorization for Use of Military Force, 
pending the end of hostilities or a future deter-
mination by the Secretary of Defense that such 
individual no longer poses a threat to the United 
States or United States persons or interests. 
(G) A plan for the disposition of any indi-
viduals who are detained by the United States 
under the law of armed conflict after the date of 
the report, including a plan to detain and inter-
rogate such individuals for the purposes of— 
(i) protecting the security of the United 
States, its persons, allies, and interests; and
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† HR 1735 PAP1S 
(ii) collecting intelligence necessary to 
ensure the security of the United States, its 
person, allies, and interests. 
(3) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(h) CONSIDERATION BY CONGRESS OF SECRETARY OF 
DEFENSE PLAN.— 
(1) TERMS OF THE RESOLUTION.—For purposes 
of this section the term ‘‘joint resolution’’ means only 
a joint resolution which is introduced within the 10- 
day period beginning on the date on which the Sec-
retary of Defense submits to Congress a report under 
subsection (g) and— 
(A) which does not have a preamble; 
(B) the matter after the resolving clause of 
which is as follows: ‘‘That Congress approves the 
plan of the Secretary of Defense on the disposi-
tion of detainees held at United States Naval 
Station, Guantanamo Bay, Cuba, under section 
1032(g) of the National Defense Authorization 
Act for Fiscal Year 2016 as submitted by the 
Secretary 
of 
Defense 
to 
Congress 
on 
llllll’’, the blank space being filled in 
with the appropriate date; and
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† HR 1735 PAP1S 
(C) the title of which is as follows: ‘‘Joint 
resolution approving the plan of the Secretary of 
Defense on the disposition of detainees held at 
United States Naval Station, Guantanamo Bay, 
Cuba.’’. 
(2) REFERRAL.—A resolution described in para-
graph (1) that is introduced in the House of Rep-
resentatives shall be referred to the Committee on 
Armed Services of the House of Representatives. A 
resolution described in paragraph (1) introduced in 
the Senate shall be referred to the Committee on 
Armed Services of the Senate. 
(3) DISCHARGE.—If the committee to which a 
resolution described in paragraph (1) is referred has 
not reported such resolution (or an identical resolu-
tion) by the end of the 20-day period beginning on the 
date on which the Secretary submits to Congress a re-
port under subsection (g), such committee shall be, at 
the end of such period, discharged from further con-
sideration of such resolution, and such resolution 
shall be placed on the appropriate calendar of the 
House involved. 
(4) CONSIDERATION.—(A) On or after the third 
day after the date on which the committee to which 
such a resolution is referred has reported, or has been
505 
† HR 1735 PAP1S 
discharged (under paragraph (3)) from further con-
sideration of, such a resolution, it is in order (even 
though a previous motion to the same effect has been 
disagreed to) for any Member of the respective House 
to move to proceed to the consideration of the resolu-
tion. A Member may make the motion only on the 
day after the calendar day on which the Member an-
nounces to the House concerned the Member’s inten-
tion to make the motion, except that, in the case of 
the House of Representatives, the motion may be 
made without such prior announcement if the motion 
is made by direction of the committee to which the 
resolution was referred. All points of order against the 
resolution (and against consideration of the resolu-
tion) are waived. The motion is highly privileged in 
the House of Representatives and is privileged in the 
Senate and is not debatable. The motion is not subject 
to amendment, or to a motion to postpone, or to a 
motion to proceed to the consideration of other busi-
ness. A motion to reconsider the vote by which the 
motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of 
the resolution is agreed to, the respective House shall 
immediately proceed to consideration of the joint reso-
lution without intervening motion, order, or other
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† HR 1735 PAP1S 
the procedure relating to a resolution described in 
paragraph (1) shall be decided without debate. 
(5) CONSIDERATION BY OTHER HOUSE.—(A) If, 
before the passage by one House of a resolution of that 
House described in paragraph (1), that House receives 
from the other House a resolution described in para-
graph (1), then the following procedures shall apply: 
(i) The resolution of the other House shall 
not be referred to a committee and may not be 
considered in the House receiving it except in the 
case of final passage as provided in clause 
(ii)(II). 
(ii) With respect to a resolution described in 
paragraph (1) of the House receiving the resolu-
tion— 
(I) the procedure in that House shall 
be the same as if no resolution had been re-
ceived from the other House; but 
(II) the vote on final passage shall be 
on the resolution of the other House. 
(B) Upon disposition of the resolution received 
from the other House, it shall no longer be in order 
to consider the resolution that originated in the re-
ceiving House.
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† HR 1735 PAP1S 
(6) RULES OF THE SENATE AND THE HOUSE OF 
REPRESENTATIVES.—This subsection is enacted by 
Congress— 
(A) as an exercise of the rulemaking power 
of the Senate and House of Representatives, re-
spectively, and as such it is deemed a part of the 
rules of each House, respectively, but applicable 
only with respect to the procedure to be followed 
in that House in the case of a resolution de-
scribed in paragraph (1), and it supersedes other 
rules only to the extent that it is inconsistent 
with such rules; and 
(B) with full recognition of the constitu-
tional right of either House to change the rules 
(so far as relating to the procedure of that 
House) at any time, in the same manner, and 
to the same extent as in the case of any other 
rule of that House. 
(i) LIMITATION ON TRANSFER OR RELEASE OF DE-
TAINEES TRANSFERRED TO THE UNITED STATES.— 
(1) LIMITATION PENDING ENACTMENT OF JOINT 
RESOLUTION APPROVING PLAN.—Notwithstanding any 
other provision of law and subject to paragraph (2), 
any individual detained at Guantanamo who is 
transferred to the United States after the date of the
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† HR 1735 PAP1S 
enactment of this Act shall not be released within the 
United States or its territories, and may only be 
transferred or released in accordance with the proce-
dures under section 1033. 
(2) LIMITATION ON TRANSFER OVERSEAS AFTER 
ENACTMENT
OF
JOINT
RESOLUTION
APPROVING 
PLAN.—Effective on the effective date specified in sub-
section (f)— 
(A) the provisions of section 1035 of the Na-
tional Defense Authorization Act for Fiscal Year 
2014 (Public Law 113–66; 127 Stat. 851; 10 
U.S.C. 801 note), as previously repealed by sec-
tion 1033, shall be revived; 
(B) the procedures under such section 1035, 
as so revived, shall apply to the transfer of indi-
viduals detained at Guantanamo to foreign 
countries rather than the procedures under 
section1033; and 
(C) in the application of procedures under 
such section 1035 as described in subparagraph 
(B), any reference to an individual detained at 
Guantanamo shall be deemed to refer also to any 
such individual transferred to the United States 
after such effective date.
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† HR 1735 PAP1S 
(j) REPEAL OF SUPERSEDED PROHIBITION.—Section 
1034 of the National Defense Authorization Act for Fiscal 
Year 2014 (Public Law 113–66; 127 Stat. 851), as amended 
by section 1033 of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291), is repealed. 
(k) 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—
511 
† HR 1735 PAP1S 
(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. 1033. REENACTMENT AND MODIFICATION OF CERTAIN 
PRIOR REQUIREMENTS FOR CERTIFICATIONS 
RELATING TO 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 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 
the appropriate committees of Congress the certifi-
cation described in subsection (b) not later than 30 
days before the transfer of the individual.
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† HR 1735 PAP1S 
(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 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 
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;
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† HR 1735 PAP1S 
(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 
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; 
(2) the United States Government and the gov-
ernment of the foreign country have entered into a 
written memorandum of understanding (MOU) re-
garding the transfer of the individual and such 
memorandum of understanding has previously been 
transmitted to the appropriate committees of Con-
gress; and
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† HR 1735 PAP1S 
(3) 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 available to the Department of 
Defense to transfer 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 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 such for-
eign country or entity and subsequently engaged in 
any terrorist activity. 
(2) EXCEPTION.—Subject to subsection (e), para-
graph (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
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jurisdiction (which the Secretary shall notify the ap-
propriate committees of Congress of promptly after 
issuance). 
(d) NATIONAL SECURITY WAIVER.— 
(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 Sec-
retary certifies the rest of the criteria required by sub-
section (b) for transfers prohibited by subsection (c) 
and, with the concurrence of the Secretary of State 
and in consultation with the Director of National In-
telligence, 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 subparagraph 
(D) or (E) of subsection (b)(1), it is not possible 
to certify that the risks addressed in the para-
graph to be waived have been completely elimi-
nated, but the actions to be taken under subpara-
graph (A) will substantially mitigate such risks 
with regard to the individual to be transferred;
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(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 ac-
tivity, 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
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that the risks addressed in the paragraph to 
be waived have been completely eliminated; 
and 
(iii) a classified summary of— 
(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 para-
graph or subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) RECORD OF COOPERATION.— 
(1) IN GENERAL.—In assessing the risk that an 
individual detained at Guantanamo will engage in 
terrorist activity or other actions that could affect the 
security of the United States if released for the pur-
pose of making a certification under subsection (b) or 
a waiver under subsection (d), the Secretary of De-
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fense may give favorable consideration to any such 
individual— 
(A) 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 effective con-
trol of the Department of Defense; and 
(B) for whom agreements and effective 
mechanisms are in place, to the extent relevant 
and necessary, to provide for continued coopera-
tion with United States intelligence and law en-
forcement authorities. 
(2) REPORTS.—Each certification under sub-
section (b) or report under subsection (d)(2) that in-
cludes an assessment in which favorable consideration 
was given an individual as described in paragraph 
(1) shall also include the following: 
(A) A description of the cooperation for 
which favorable consideration was so given. 
(B) A description of operational outcomes, 
if any, affected by such cooperation. 
(f) DEFINITIONS.—In this section: 
(1)(A) The term ‘‘appropriate committees of 
Congress’’ means—
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(i) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(ii) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(B) In connection with a certification made 
under subsection (b), the term also includes the Com-
mittee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Rep-
resentatives, but only with respect to the submittal to 
such committees of a copy of the written memo-
randum of understanding concerned described in sub-
section (b)(2). 
(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— 
(i) in the custody or under the control 
of the Department of Defense; or
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(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 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 Au-
thorization Act for Fiscal Year 2014 (Public Law 113–66; 
127 Stat. 851; 10 U.S.C. 801 note) is repealed. 
SEC. 1034. AUTHORITY TO TEMPORARILY TRANSFER INDI-
VIDUALS 
DETAINED 
AT 
UNITED 
STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA, 
TO THE UNITED STATES FOR EMERGENCY OR 
CRITICAL MEDICAL TREATMENT. 
(a) TRANSFER FOR EMERGENCY OR CRITICAL MED-
ICAL
TREATMENT
AUTHORIZED.—Notwithstanding any 
other provision of this subtitle, or any other provision of 
law enacted after September 30, 2013, but subject to sub-
section (b), the Secretary of Defense may temporarily trans-
521 
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fer any individual detained at Guantanamo to a Depart-
ment of Defense medical facility in the United States for 
the sole purpose of providing the individual medical treat-
ment if the Secretary determines that— 
(1) the Senior Medical Officer, Joint Task 
Force–Guantanamo Bay, Cuba, has determined that 
the medical treatment is necessary to prevent death or 
imminent significant injury or harm to the health of 
the individual; 
(2) based on the recommendation of the Senior 
Medical Officer, Joint Task Force–Guantanamo Bay, 
Cuba, the medical treatment is not available to be 
provided at United States Naval Station, Guanta-
namo Bay, Cuba, without incurring excessive and un-
reasonable costs; 
(3) the Department of Defense has provided for 
appropriate security measures for the custody and 
control of the individual during any period in which 
the individual is temporarily in the United States 
under this subsection; and 
(4) except in cases involving the especially im-
mediate need for the provision of medical treatment 
to prevent death or imminent significant injury or 
harm to the health of the individual, the estimated ag-
gregate cost of providing the individual medical treat-
522 
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ment in a Department of Defense medical facility in 
the United States (including the cost of transferring 
and securing the individual in such facility during 
any period in which the individual is temporarily in 
the United States for treatment and the cost of treat-
ment) would be less than the estimated cost of pro-
viding the individual such medical treatment at 
United States Naval Station, Guantanamo Bay. 
(b) NOTICE TO CONGRESS REQUIRED BEFORE TRANS-
FER.— 
(1) IN GENERAL.—In addition to the require-
ments in subsection (a), an individual may not be 
temporarily transferred under the authority in that 
subsection unless the Secretary of Defense submits to 
the appropriate committees of Congress the notice de-
scribed in paragraph (2)— 
(A) not later than 30 days before the date 
of the proposed transfer; or 
(B) if notice cannot be provided in accord-
ance with subparagraph (A) because of an espe-
cially immediate need for the provision of med-
ical treatment to prevent death or imminent sig-
nificant injury or harm to the health of the indi-
vidual, as soon as is practicable, but not later 
than 5 days after the date of transfer.
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(2) NOTICE
ELEMENTS.—The notice on the 
transfer of an individual under this subsection shall 
include the following: 
(A) A statement of the basis for the deter-
mination that the transfer is necessary to pre-
vent death or imminent significant injury or 
harm to the health of the individual. 
(B) The specific Department of Defense 
medical facility that will provide medical treat-
ment to the individual. 
(C) A description of the actions the Sec-
retary determines have been taken, or will be 
taken, to address any risk to the public safety 
that could arise in connection with the provision 
of medical treatment to the individual in the 
United States. 
(c) LIMITATION ON EXERCISE OF AUTHORITY.—The 
authority of the Secretary of Defense under subsection (a) 
may be exercised only by the Secretary of Defense or by 
another official of the Department of Defense at the level 
of Under Secretary of Defense or higher. 
(d) CONDITIONS OF TRANSFER.—An individual who 
is temporarily transferred under the authority in subsection 
(a) shall—
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(1) while in the United States, remain in the 
custody and control of the Secretary of Defense at all 
times; and 
(2) be returned to United States Naval Station, 
Guantanamo Bay, Cuba, as soon as feasible after a 
Department of Defense physician determines that— 
(A) the individual is medically cleared to 
travel; and 
(B) in consultation with the Commander, 
Joint Task Force–Guantanamo Bay, Cuba, any 
necessary follow-up medical care may reasonably 
be provided the individual at United States 
Naval Station, Guantanamo Bay, Cuba. 
(e) STATUS WHILE IN UNITED STATES.—An indi-
vidual who is temporarily transferred under the authority 
in subsection (a), while in the United States— 
(1) shall be deemed at all times and in all re-
spects to be in the uninterrupted custody of the Sec-
retary of Defense, as though the individual remained 
physically at United States Naval Station, Guanta-
namo Bay, Cuba; 
(2) shall not at any time be subject to, and may 
not apply for or obtain, or be deemed to enjoy, any 
right, privilege, status, benefit, or eligibility for any 
benefit under any provision of the immigration laws
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† HR 1735 PAP1S 
(as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17)), or any 
other law or regulation; 
(3) shall not be permitted to avail himself of any 
right, privilege, or benefit of any law of the United 
States beyond those available to individuals detained 
at United States Naval Station, Guantanamo Bay, 
Cuba; and 
(4) shall not, as a result of such transfer, have 
a change in any designation that may have attached 
to that detainee while detained at United States 
Naval Station, Guantanamo Bay, Cuba, pursuant to 
the Authorization for Use of Military Force (Public 
Law 107–40), as determined in accordance with ap-
plicable law and regulations.. 
(f) JUDICIAL REVIEW PRECLUDED.— 
(1) NO CREATION OF ENFORCEABLE RIGHTS.— 
Nothing in this section is intended to create any en-
forceable right or benefit, or any claim or cause of ac-
tion, by any party against the United States, or any 
other person or entity. 
(2) LIMITATION ON JUDICIAL REVIEW.—Except 
as provided in paragraph (3), no court, justice, or 
judge shall have jurisdiction to hear or consider any 
claim or action against the United States or its