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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.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
vidual that is issued by a court or competent tri-
bunal 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 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 concur-
rence of the Secretary of State and in consultation 
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with the Director of National Intelligence, deter-
mines 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 
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 
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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 subpara-
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— 
(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. 
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(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) 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 
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. 
(f) DEFINITIONS.—In this section: 
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(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, the Committee 
on Foreign Relations, and the Select Committee 
on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, the Committee 
on Foreign Affairs, and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives. 
(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 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
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(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). 
SEC. 1034. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
No amounts authorized to be appropriated or other-
wise 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 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 Department of Defense. 
SEC. 1035. UNCLASSIFIED SUMMARY OF INFORMATION RE-
LATING 
TO 
INDIVIDUALS 
DETAINED 
AT 
PARWAN, AFGHANISTAN. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall make pub-
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SEC. 1036. ASSESSMENT OF AFFILIATES AND ADHERENTS 
OF AL-QAEDA OUTSIDE THE UNITED STATES. 
Not later than 120 days after the date of the enact-
ment of this Act, the President, acting through the Sec-
retary of Defense, shall submit to the congressional de-
fense committees the Committee on Foreign Relations of 
the Senate, and the Committee on Foreign Affairs of the 
House of Representatives an assessment containing each 
of the following: 
(1) An identification of any group operating 
outside the United States that is an affiliate or ad-
herent of, or otherwise related to, al-Qaeda. 
(2) A summary of relevant information relating 
to each such group, including— 
(A) the extent to which members or leaders 
of the group have— 
(i) conducted or planned to conduct 
lethal or significant operations outside the 
borders of the state or states in which the 
group ordinarily operates; 
(ii) conducted fundraising or recruit-
ing outside the borders of such state or 
states; and 
(iii) have demonstrated any interest in 
conducting activities described in clauses 
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(i) and (ii) outside the borders of such 
state or states; 
(B) the extent to which the connection of 
the group to the senior leadership of al-Qaeda 
has changed over time; and 
(C) whether the group has attacked or 
planned to purposefully attack United States 
citizens, members of Armed Forces of the 
United States, or other representatives of the 
United States, or is likely to do so in the fu-
ture. 
(3) An assessment of whether each group is 
part of or substantially supporting al-Qaeda or the 
Taliban, or constitutes an associated force that is 
engaged in hostilities against the United States or 
its coalition partners for purposes of interpreting the 
scope of section 2 of the Authorization for Use of 
Military Force (Public Law 107–40; 115 Stat. 224; 
50 U.S.C. 1541 note). 
(4) The criteria used to determine the nature 
and extent of each group’s relationship to al-Qaeda. 
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SEC. 1037. DESIGNATION OF DEPARTMENT OF DEFENSE 
SENIOR OFFICIAL FOR FACILITATING THE 
TRANSFER OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall— 
(1) designate a senior official of the Depart-
ment of Defense as the official with principal re-
sponsibility for coordination and management of the 
transfer of individuals detained at United States 
Naval Station, Guantanamo Bay, Cuba; and 
(2) set forth the responsibilities of that senior 
official with respect to such transfers. 
SEC. 1038. RANK OF CHIEF PROSECUTOR AND CHIEF DE-
FENSE COUNSEL IN MILITARY COMMISSIONS 
ESTABLISHED 
TO 
TRY 
INDIVIDUALS 
DE-
TAINED AT GUANTANAMO. 
For purposes of any military commission established 
under chapter 47A of title 10, United States Code, to try 
an alien unprivileged enemy belligerent (as such terms are 
defined in section 948a of such title) who is detained at 
United States Naval Station, Guantanamo Bay, Cuba, the 
chief defense counsel and the chief prosecutor shall have 
the same rank. 
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SEC. 1039. REPORT ON CAPABILITY OF YEMENI GOVERN-
MENT TO DETAIN, REHABILITATE, AND PROS-
ECUTE INDIVIDUALS DETAINED AT GUANTA-
NAMO WHO ARE TRANSFERRED TO YEMEN. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense and the Sec-
retary of State shall jointly submit to the congressional 
defense committees, the Committee on Foreign Affairs of 
the House of Representatives, and the Committee on For-
eign Relations of the Senate a report on the capability of 
the government of Yemen to detain, rehabilitate, and pros-
ecute individuals detained at Guantanamo (as such term 
is defined in section 1033(f)(2)) who are transferred to 
Yemen. Such report shall include an assessment of any 
humanitarian issues that may be encountered in transfer-
ring individuals detained at Guantanamo to Yemen. 
SEC. 1040. REPORT ON ATTACHMENT OF RIGHTS TO INDI-
VIDUALS DETAINED AT GUANTANAMO IF 
TRANSFERRED TO THE UNITED STATES. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense and the Attor-
ney General shall jointly submit to the congressional de-
fense committees, the Committee on the Judiciary of the 
House of Representatives, and the Committee on the Judi-
ciary of the Senate a report that includes each of the fol-
lowing: 
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(1) A description of the extent to which an indi-
vidual detained at Guantanamo, if transferred to the 
United States, could become eligible, by reason of 
such transfer, for— 
(A) relief from removal from the United 
States, including pursuant to the Convention 
against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment; 
(B) any required release from immigration 
detention, including pursuant to the decision of 
the Supreme Court in Zadvydas v. Davis; 
(C) asylum or withholding of removal; or 
(D) any additional constitutional right. 
(2) For any right referred to in paragraph (1) 
for which the Secretary and Attorney General deter-
mine such an individual could become eligible if so 
transferred, a description of the reasoning behind 
such determination and an explanation of the nature 
of the right. 
SEC. 1040A. SUMMARY OF INFORMATION RELATING TO IN-
DIVIDUALS DETAINED AT GUANTANAMO WHO 
BECAME LEADERS OF FOREIGN TERRORIST 
GROUPS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
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shall make publicly available a summary of information 
relating to individuals who were formerly detained at 
United States Naval Station, Guantanamo Bay, Cuba, 
who have, since being transferred or released from such 
detention, have become leaders or involved in the leader-
ship structure of a foreign terrorist group. 
(b) FORM OF SUMMARY.—The summary required 
under subsection (a) shall be in unclassified form, but may 
contain a classified annex. The Secretary of Defense shall 
submit any such classified annex to the congressional de-
fense committees. 
SEC. 1040B. PROCEDURES GOVERNING UNITED STATES 
CITIZENS 
APPREHENDED 
INSIDE 
THE 
UNITED STATES PURSUANT TO THE AUTHOR-
IZATION FOR USE OF MILITARY FORCE. 
(a) AVAILABILITY OF WRIT OF HABEAS CORPUS.— 
Nothing in the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note), or any other 
law, shall be construed to deny the availability of the writ 
of habeas corpus to any United States citizen apprehended 
inside the United States pursuant to the Authorization for 
Use of Military Force (Public Law 107–40; 50 U.S.C. 
1541 note). 
(b) 
PROCEDURES.—In 
any 
habeas 
proceeding 
brought by a United States citizen apprehended inside the 
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United States pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note), the government shall have the burden of proving 
by clear and convincing evidence that such citizen is an 
unprivileged enemy belligerent and there shall be no pre-
sumption that any evidence presented by the government 
as justification for the apprehension and subsequent de-
tention is accurate and authentic. 
SEC. 1040C. PROHIBITION ON THE USE OF FUNDS FOR REC-
REATIONAL FACILITIES FOR INDIVIDUALS 
DETAINED AT GUANTANAMO. 
None of the funds authorized to be appropriated or 
otherwise available to the Department of Defense may be 
used to provide additional or upgraded recreational facili-
ties for individuals detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba. 
SEC. 1040D. PROHIBITION ON TRANSFER OR RELEASE OF 
INDIVIDUALS DETAINED AT GUANTANAMO 
TO YEMEN. 
None of the amounts authorized to be available to 
the Department of Defense may be used to transfer, re-
lease, or assist in the transfer or release, during the period 
beginning on the date of enactment of this Act and ending 
on December 31, 2014, any individual detained at Guanta-
namo (as such term is defined in section 1033(f)(2)) to 
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the custody or control of the Republic of Yemen or any 
entity within Yemen. 
Subtitle E—Sensitive Military 
Operations 
SEC. 1041. CONGRESSIONAL NOTIFICATION OF SENSITIVE 
MILITARY OPERATIONS. 
(a) NOTIFICATION REQUIRED.— 
(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 130f. Congressional notification of sensitive mili-
tary operations 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
promptly submit to the congressional defense committees 
notice in writing of any sensitive military operation fol-
lowing such operation. 
‘‘(b) PROCEDURES.—(1) The Secretary of Defense 
shall establish and submit to the congressional defense 
committees procedures for complying with the require-
ments of subsection (a) consistent with the national secu-
rity of the United States and the protection of operational 
integrity. 
‘‘(2) The congressional defense committees shall en-
sure that committee procedures designed to protect from 
unauthorized disclosure classified information relating to 
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national security of the United States are sufficient to pro-
tect the information that is submitted to the committees 
pursuant to this section. 
‘‘(c) SENSITIVE MILITARY OPERATION DEFINED.— 
The term ‘sensitive military operation’ means a lethal op-
eration or capture operation conducted by the armed 
forces outside the United States pursuant to— 
‘‘(1) the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note); 
or 
‘‘(2) any other authority except— 
‘‘(A) a declaration of war; or 
‘‘(B) a specific statutory authorization for 
the use of force other than the authorization re-
ferred to in paragraph (1). 
‘‘(d) EXCEPTION.—The notification requirement 
under subsection (a) shall not apply with respect to a sen-
sitive military operation executed within the territory of 
Afghanistan pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to provide any new authority or 
to alter or otherwise affect the War Powers Resolution (50 
U.S.C. 1541 et seq.), the Authorization for Use of Military 
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Force (Public Law 107–40; 50 U.S.C. 1541 note), or any 
requirement under the National Security Act of 1947 (50 
U.S.C. 3001 et seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 130e 
the following new item: 
‘‘130f. Congressional notification regarding sensitive military operations.’’. 
(b) EFFECTIVE DATE.—Section 130f of title 10, 
United States Code, as added by subsection (a), shall 
apply with respect to any sensitive military operation (as 
defined in subsection (c) of such section) executed on or 
after the date of the enactment of this Act. 
(c) DEADLINE FOR SUBMITTAL OF PROCEDURES.— 
The Secretary of Defense shall submit to the congressional 
defense committees the procedures required under section 
130f(b) of title 10, United States Code, as added by sub-
section (a), by not later than 60 days after the date of 
the enactment of this Act. 
SEC. 1042. REPORT ON PROCESS FOR DETERMINING TAR-
GETS OF LETHAL OPERATIONS. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report con-
taining an explanation of the legal and policy consider-
ations and approval processes used in determining whether 
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an individual or group of individuals could be the target 
of a lethal operation or capture operation conducted by 
the Armed Forces of the United States outside the United 
States. 
SEC. 1043. COUNTERTERRORISM OPERATIONAL BRIEF-
INGS. 
(a) BRIEFINGS REQUIRED.—Chapter 23 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 492. Quarterly briefings: counterterrorism oper-
ations 
‘‘(a) BRIEFINGS REQUIRED.—The Secretary of De-
fense shall provide to the congressional defense commit-
tees quarterly briefings outlining Department of Defense 
counterterrorism operations and related activities. 
‘‘(b) ELEMENTS.—Each briefing under subsection 
(a) shall include each of the following: 
‘‘(1) A global update on activity within each ge-
ographic combatant command. 
‘‘(2) An overview of authorities and legal issues 
including limitations. 
‘‘(3) An outline of interagency activities and 
initiatives. 
‘‘(4) Any other matters the Secretary considers 
appropriate.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘492. Quarterly briefings: counterterrorism operations.’’. 
Subtitle F—Nuclear Forces 
SEC. 1051. PROHIBITION ON ELIMINATION OF THE NU-
CLEAR TRIAD. 
(a) PROHIBITION ON TRIAD REDUCTIONS.—None of 
the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2014 for the De-
partment of Defense may be obligated or expended to re-
duce, convert, or decommission any strategic delivery sys-
tem if such reduction, conversion, or decommissioning 
would eliminate a leg of the nuclear triad. 
(b) NUCLEAR TRIAD DEFINED.—The term ‘‘nuclear 
triad’’ means the nuclear deterrent capabilities of the 
United States composed of the following: 
(1) Land-based intercontinental ballistic mis-
siles. 
(2) Submarine-launched ballistic missiles and 
associated ballistic missile submarines. 
(3) Nuclear-certified strategic bombers. 
SEC. 1052. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTION OF NUCLEAR FORCES. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
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for fiscal year 2014 for the Department of Defense or the 
National Nuclear Security Administration may be obli-
gated or expended to carry out reductions to the nuclear 
forces of the United States required by the New START 
Treaty until— 
(1) the Secretary of Defense submits to the ap-
propriate congressional committees the plan required 
by section 1042(a) of the National Defense Author-
ization Act of Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1575); and 
(2) the President certifies to the appropriate 
congressional committees that any further reduc-
tions to such forces that result in such forces being 
reduced below the level required by the New START 
Treaty will be carried out only pursuant to— 
(A) a treaty or international agreement 
specifically approved with the advice and con-
sent of the Senate pursuant to Article II, sec-
tion 2, clause 2 of the Constitution; or 
(B) an Act of Congress specifically author-
izing such reductions. 
(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to the following: 
(1) Reductions made to ensure the safety, secu-
rity, reliability, and credibility of the nuclear weap-
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ons stockpile and strategic delivery systems, includ-
ing activities related to surveillance, assessment, cer-
tification, testing, and maintenance of nuclear war-
heads and strategic delivery systems. 
(2) Nuclear warheads that are retired or await-
ing dismantlement on the date of the enactment of 
this Act. 
(3) Inspections carried out pursuant to the New 
START Treaty. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate. 
(2) The term ‘‘New START Treaty’’ means the 
Treaty between the United States of America and 
the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and entered into 
force on February 5, 2011. 
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SEC. 1053. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTION OR CONSOLIDATION OF DUAL- 
CAPABLE AIRCRAFT BASED IN EUROPE. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2014 for the Department of Defense may 
be used to reduce or consolidate the basing of dual-capable 
aircraft of the United States that are based in Europe 
until a period of 90 days has elapsed after the date on 
which the Secretary of Defense certifies to the congres-
sional defense committees that— 
(1) the Russian Federation has carried out 
similar reductions or consolidations with respect to 
dual-capable aircraft of Russia; 
(2) the Secretary has consulted with the mem-
ber states of the North Atlantic Treaty Organization 
with respect to the planned reduction or consolida-
tion of the Secretary; and 
(3) there is a consensus among such member 
states in support of such planned reduction or con-
solidation. 
(b) DUAL-CAPABLE AIRCRAFT DEFINED.—In this 
section, the term ‘‘dual-capable aircraft’’ means aircraft 
that can perform both conventional and nuclear missions. 
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HR 1960 PCS
SEC. 1054. STATEMENT OF POLICY ON IMPLEMENTATION 
OF ANY AGREEMENT FOR FURTHER ARMS 
REDUCTION BELOW THE LEVELS OF THE 
NEW START TREATY; LIMITATION ON RETIRE-
MENT OR DISMANTLEMENT OF STRATEGIC 
DELIVERY SYSTEMS. 
(a) FINDING; STATEMENT OF POLICY.— 
(1) FINDING.—Congress finds that it was the 
Declaration of the United States Senate in its Reso-
lution of Advice and Consent to the New START 
Treaty that ‘‘[t]he Senate declares that further arms 
reduction agreements obligating the United States to 
reduce or limit the Armed Forces or armaments of 
the United States in any militarily significant man-
ner may be made only pursuant to the treaty-mak-
ing power of the President as set forth in Article II, 
section 2, clause 2 of the Constitution of the United 
States’’. 
(2) STATEMENT
OF
POLICY.—Congress reaf-
firms the Declaration described in paragraph (1) 
and states that any agreement for further arms re-
duction below the levels of the New START Treaty, 
including those that may seek to use the Treaty’s 
verification regime, may only be made pursuant to 
the treaty-making power of the President as set 
forth in Article II, section 2, clause 2 of the Con-
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