Page:United States Statutes at Large Volume 124.djvu/4379

124 STAT. 4353 PUBLIC LAW 111–383—JAN. 7, 2011 SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CON- STRUCT 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 appro- priated 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 subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (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) INDIVIDUALS DESCRIBED.—An individual described in this subsection is any individual who, as of October 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 indi- vidual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (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 justify— (i) using the facility instead of the facility at United States Naval Station, Guantanamo Bay, Cuba; and (ii) the proposed facility’s contribution to effecting a comprehensive policy for continuing military deten- tion operations. (B) The rationale for selecting the specific site for any such proposed facility, including details for the proc- esses and criteria used for identifying the merits described in subparagraph (A) and for selecting the proposed site over reasonable alternative sites. (C) A discussion of any potential risks to any commu- nity in the vicinity of any such proposed facility, the meas- ures that could be taken to mitigate such risks, and the likely cost to the Department of Defense of implementing such measures. (D) A discussion of any necessary modifications to any such proposed facility to ensure that any detainee trans- ferred 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 approved