[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 644 Reported in House (RH)]

                                                 House Calendar No. 133
113th CONGRESS
  2d Session
H. RES. 644

                          [Report No. 113-569]

 Condemning and disapproving of the Obama administration's failure to 
comply with the lawful statutory requirement to notify Congress before 
    releasing individuals detained at United States Naval Station, 
 Guantanamo Bay, Cuba, and expressing national security concerns over 
     the release of five Taliban leaders and the repercussions of 
                      negotiating with terrorists.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2014

  Mr. Rigell (for himself, Mr. Ribble, Mr. Barrow of Georgia, and Mr. 
 Rahall) submitted the following resolution; which was referred to the 
                      Committee on Armed Services

                             July 31, 2014

  Additional sponsors: Mr. Austin Scott of Georgia, Mr. Stutzman, Mr. 
 Harris, Mr. Gerlach, Mr. Wittman, Mr. Hurt, Mr. Stewart, Mr. Rice of 
South Carolina, Mr. DesJarlais, Mr. Thornberry, Mr. Lance, Mr. Smith of 
  Texas, Mr. Hunter, Mr. Wilson of South Carolina, Mr. Goodlatte, Mr. 
Pearce, Mr. McKeon, Mr. Griffin of Arkansas, Mrs. Walorski, Mr. Chabot, 
 Mr. Lankford, Mr. Cook, Mr. Weber of Texas, Mr. Collins of New York, 
   Mr. Salmon, Mr. Yoho, Mr. Southerland, Mr. Cotton, Mr. Wolf, Mr. 
Forbes, Mr. Perry, Mr. Stivers, Mr. Rokita, Mr. Smith of Nebraska, Mr. 
     Long, Mr. Byrne, Mr. Messer, Mr. Price of Georgia, Mr. Roe of 
 Tennessee, Mr. Sensenbrenner, Mr. Kingston, Mr. Woodall, Mr. Conaway, 
     Mr. Palazzo, Mr. Buchanan, Mr. Rodney Davis of Illinois, Mr. 
    Fitzpatrick, Mr. Denham, Mr. Brooks of Alabama, Mr. Turner, Mr. 
Gohmert, Mr. Cole, Mr. Schock, Mr. Gosar, Mr. Griffith of Virginia, Mr. 
 Nugent, Mrs. Blackburn, Mr. Shuster, Mr. Marino, Mrs. Bachmann, Mrs. 
    Hartzler, Mr. Carter, Mrs. Noem, Mr. Womack, Mr. Mulvaney, Mr. 
   Hultgren, Mrs. Ellmers, Mr. LaMalfa, Mr. McKinley, Mr. Miller of 
Florida, Mr. Fleming, Mrs. Black, Mr. Pompeo, Mr. Kline, Mr. DeSantis, 
 Mr. Jones, Mr. Crawford, Mr. Hensarling, Mr. Coble, Mr. Calvert, Mr. 
Nunnelee, Mr. Wenstrup, Mr. Bentivolio, Mr. Barletta, Mr. LoBiondo, Mr. 
  Latta, Mr. Aderholt, Mrs. Wagner, Mr. Campbell, Mr. Sam Johnson of 
                         Texas, and Mr. Cramer

                             July 31, 2014

 Reported with amendments, referred to the House Calendar, and ordered 
                             to be printed
    [Strike out the preamble and insert the part printed in italic]
[Strike out all after the resolving clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                               RESOLUTION


 
 Condemning and disapproving of the Obama administration's failure to 
comply with the lawful statutory requirement to notify Congress before 
    releasing individuals detained at United States Naval Station, 
 Guantanamo Bay, Cuba, and expressing national security concerns over 
     the release of five Taliban leaders and the repercussions of 
                      negotiating with terrorists.

<DELETED>Whereas section 1035 of the National Defense Authorization Act for 
        Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 801 note) clearly 
        requires the Secretary of Defense to notify the appropriate committees 
        of Congress at least 30 days before the transfer or release of an 
        individual detained at United States Naval Station, Guantanamo Bay, 
        Cuba;
Whereas, on May 31, 2014, the Department of Defense executed the release of five 
        senior Taliban detainees held at United States Naval Station, Guantanamo 
        Bay, Cuba;
Whereas the five released Taliban detainees are all senior Taliban leaders: 
        Abdul Haq Wasiq was the Taliban Deputy Minister of Intelligence, Mullah 
        Norullah Noori was the Taliban military commander at Mazar-e-Sharif, 
        Mullah Mohammad Fazl was the Taliban Deputy Minister of Defense, 
        Khairullah Said Wai Khairkwa was the Taliban Minister of Interior, and 
        Mohammad Nabi Omari was the Taliban commander of secret police;
Whereas these five senior Taliban leaders have associations with al-Qaeda or 
        have engaged in hostilities against the United States or its coalition 
        partners;
Whereas these five senior Taliban detainees held leadership positions within the 
        Taliban when it provided safehaven for al-Qaeda to conduct planning, 
        training, and operations for the September 11, 2001, attacks;
Whereas the President has stated that there is ``absolutely'' a possibility of 
        the released detainees returning to activities that are detrimental to 
        the United States, and, according to media reports, United states 
        intelligence officials told members of the Senate that four of the five 
        detainees are expected to return to the battlefield;
Whereas Secretary Hagel stated before the Committee on Armed Services of the 
        House of Representatives on June 11, 2014, that the threat, ``should 
        these five detainees return and reintegrate with the Taliban, their 
        focus would almost certainly be on Taliban efforts inside Afghanistan,'' 
        where the United States and coalition partners will retain military and 
        civilian personnel;
Whereas in 2010, after an extensive evaluation meant to identify detainees who 
        could be transferred out of the detention facility at United States 
        Naval Station, Guantanamo Bay, Cuba, the Obama administration determined 
        that these five should remain in United States detention because they 
        were ``too dangerous to transfer'' because each ``poses a high level of 
        threat that cannot be mitigated sufficiently except through continued 
        detention'';
Whereas the Obama administration negotiated, through intermediaries in the 
        Government of Qatar, with the Taliban, with whom the United States 
        remains engaged in active combat, and with the Haqqani Network, which 
        the State Department has designated as foreign terrorist organization, 
        and who had held Sergeant Bowe Bergdahl captive;
Whereas congressional notification was not received until June 2, 2014, three 
        days after such individuals were released, and 33 days after the date on 
        which such notification was required by law;
Whereas the Obama administration admits that it made no effort to comply with 
        the 30-day notification requirement;
Whereas Obama administration officials acknowledge that approximately 80 or 90 
        employees within the administration were knowledgeable of the transfer 
        of the five Taliban detainees prior to their release;
Whereas the Obama administration has offered differing, unconvincing, and 
        conflicting explanations of why it failed to comply with the 30-day 
        notification requirement and has described the failure to notify 
        Congress as an ``oversight'';
Whereas article II, section 3 of the Constitution states that the President 
        ``shall take care that the laws be faithfully executed'';
Whereas, on January 15, 2009, the Office of Legal Counsel in the Department of 
        Justice acknowledged that Congress possesses under article I of the 
        Constitution ``significant war powers'', including legislative authority 
        concerning the detention and release of enemy combatants;
Whereas the Obama administration has complied with section 1035 of the National 
        Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 
        U.S.C. 801 note) and section 8111 of the Department of Defense 
        Appropriations Act, 2014 (Public Law 113-76) in all previous detainee 
        transfers from United States Naval Station, Guantanamo Bay, Cuba, since 
        the date of the enactment of each such Act; and
Whereas the leadership and the leaders of the national security committees of 
        the Senate and House of Representatives are on record, specifically in 
        2011, as opposing the transfer of detainees in exchange for a prisoner 
        of war: Now, therefore, be it
</DELETED>Whereas section 1035 of the National Defense Authorization Act for 
        Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 801 note) requires the 
        Secretary of Defense to notify the appropriate committees of Congress 
        not later than 30 days before the transfer or release of any individual 
        detained at United States Naval Station, Guantanamo Bay, Cuba 
        (hereinafter referred to as ``GTMO'');
Whereas on May 31, 2014, the Department of Defense transferred five Taliban 
        detainees held at GTMO to the State of Qatar;
Whereas according to declassified United States government documents, the five 
        detainees were all senior Taliban leaders: Abdul Haq Wasiq was the 
        Taliban Deputy Minister of Intelligence, Mullah Norullah Noori was the 
        Taliban military commander at Mazar-e-Sharif, Mullah Mohammad Fazl was 
        the Taliban Deputy Minister of Defense, Khairullah Said Wai Khairkwa was 
        the Taliban Minister of Interior, and Mohammad Nabi Omari was the 
        Taliban communications chief and border chief;
Whereas these five senior Taliban leaders have had associations with al-Qaeda or 
        have engaged in hostilities against the United States or its coalition 
        partners;
Whereas these five senior Taliban detainees held leadership positions within the 
        Taliban in Afghanistan when it provided safehaven for al-Qaeda to 
        conduct planning, training, and operations for the September 11, 2001, 
        attacks;
Whereas in 2010, after an extensive evaluation meant to identify detainees who 
        could be transferred out of the detention facility at GTMO, the Obama 
        administration determined that these five should remain in United States 
        detention because they were ``too dangerous to transfer'' because each 
        ``poses a high level of threat that cannot be mitigated sufficiently 
        except through continued detention'';
Whereas the President has stated that there is ``absolutely'' the ``possibility 
        of some'' of these former Taliban detainees ``trying to return to 
        activities that are detrimental to'' the United States;
Whereas other former GTMO detainees that were transferred have become leaders of 
        al-Qaeda affiliates actively plotting against the United States and are 
        ``involved in terrorist or insurgent activities'';
Whereas Secretary of Defense Chuck Hagel testified before the Committee on Armed 
        Services of the House of Representatives that, pursuant to an agreement 
        with Qatar, the five former detainees transferred in May would not be 
        allowed to leave Qatar for one year, but after that date there would be 
        no restrictions on the movement of the former detainees;
Whereas notwithstanding the fact that Qatar is an important regional ally, after 
        another GTMO detainee was transferred to Qatar in 2008, Qatar apparently 
        had difficulty implementing the assurances Qatar gave the United States 
        in connection with that detainee's transfer;
Whereas senior officials in the Obama administration negotiated, through 
        intermediaries in the government of Qatar, with the Taliban, and with 
        the Haqqani Network, which the Department of State has designated as a 
        foreign terrorist organization, and which held Sergeant Bowe Bergdahl 
        captive;
Whereas Secretary Hagel testified to the Committee on Armed Services of the 
        House of Representatives that negotiations for the transfer of the five 
        Taliban detainees in exchange for Sergeant Bergdahl began in January 
        2014;
Whereas the General Counsel of the Department of Defense signed a memorandum of 
        understanding with the Attorney General of the State of Qatar on May 12, 
        2014, regarding the security conditions for transfer of these five 
        Taliban detainees;
Whereas in addition to an unknown number of officials of Qatar, senior Obama 
        administration officials acknowledge that approximately 80 or 90 
        individuals within the Obama administration were knowledgeable of the 
        planned transfer of the five Taliban detainees prior to their transfer;
Whereas Congress was not notified of the transfer until June 2, 2014, three days 
        after such individuals were transferred, and 33 days after the date on 
        which such notification was required by section 1035 of the National 
        Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 
        U.S.C. 801 note) and section 8111 of the Department of Defense 
        Appropriations Act, 2014 (Public Law 113-76);
Whereas the Secretary of Defense, in consultation with the President and other 
        senior Obama administration officials, did not comply with the 30-day 
        notification requirement;
Whereas article II, section 3 of the Constitution stipulates that the President 
        ``shall take care that the laws be faithfully executed'';
Whereas on January 15, 2009, the Office of Legal Counsel in the Department of 
        Justice acknowledged that, under article I of the Constitution, Congress 
        possesses legislative authority concerning the detention and release of 
        enemy combatants;
Whereas the Obama administration has complied with the law in all other detainee 
        transfers from GTMO since the date of the enactment of prevailing law; 
        and
Whereas in 2011, after leaders of the Senate and House of Representatives 
        expressed their bipartisan opposition to the prospective transfer of 
        these Taliban detainees from GTMO, senior Obama administration officials 
        assured these Senators and Members of Congress that there would be no 
        exchange of Taliban detainees for Sergeant Bergdahl, and that any 
        transfer of Taliban detainees that might otherwise occur would be part 
        of a reconciliation effort with the Taliban and the Government of 
        Afghanistan and that such a transfer would only take place in 
        consultation with Congress pursuant to law: Now, therefore, be it
    Resolved,  <DELETED>That the House of Representatives--
        <DELETED>    (1) condemns and disapproves of the failure of the 
        Obama administration to comply with the lawful 30-day statutory 
        reporting requirement in executing the release of five senior 
        members of the Taliban from detention at United States Naval 
        Station, Guantanamo Bay, Cuba;</DELETED>
        <DELETED>    (2) expresses grave concern over national security 
        implications that may arise due to the release of Taliban 
        officials, including the national security threat to the people 
        and Armed Forces of the United States and complications of the 
        current efforts of the United States to combat terrorism 
        worldwide;</DELETED>
        <DELETED>    (3) expresses grave concern over the repercussions 
        of negotiating with terrorists, and the risk that such 
        negotiations with terrorists may further encourage hostilities 
        and the abduction of Americans as a means of further prisoner 
        exchanges;</DELETED>
        <DELETED>    (4) stipulates that further violations of the law 
        set forth in section 1035 of the National Defense Authorization 
        Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 801 
        note) and section 8111 of the Department of Defense 
        Appropriations Act, 2014 (Public Law 113-76) are 
        unacceptable;</DELETED>
        <DELETED>    (5) declares grave misgivings about the prospect 
        of any other similar transfers from United States Naval 
        Station, Guantanamo Bay, Cuba, even if undertaken pursuant to 
        statutory requirements; and</DELETED>
        <DELETED>    (6) expresses that the Obama administration's 
        release of the five detainees has burdened unnecessarily the 
        trust and confidence in the administration's commitment and 
        ability to constructively engage and work with the legislative 
        branch, and therefore works against what is in the best 
        interest of the people of the United States.</DELETED>
     That the House of Representatives--
            (1) condemns and disapproves of the failure of the Obama 
        administration to comply with the lawful 30-day statutory 
        reporting requirement in executing the transfer of five senior 
        members of the Taliban from detention at United States Naval 
        Station, Guantanamo Bay, Cuba;
            (2) expresses grave concern about the national security 
        risks associated with the transfer of five senior Taliban 
        leaders, including the national security threat to the American 
        people and the Armed Forces of the United States;
            (3) expresses grave concern over the repercussions of 
        negotiating with terrorists, even when conducted through 
        intermediaries, and the risk that such negotiations with 
        terrorists may further encourage hostilities and the abduction 
        of Americans;
            (4) stipulates that further violations of the law set forth 
        in section 1035 of the National Defense Authorization Act for 
        Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 801 note) and 
        section 8111 of the Department of Defense Appropriations Act, 
        2014 (Public Law 113-76) are unacceptable;
            (5) expresses that these actions have burdened 
        unnecessarily the trust and confidence in the commitment and 
        ability of the Obama administration to constructively engage 
        and work with Congress; and
            (6) expresses relief that Sergeant Bergdahl has returned 
        safely to the United States.
            Amend the title so as to read: ``Resolution condemning and 
        disapproving of the failure of the Obama administration to 
        comply with the lawful statutory requirement to notify Congress 
        before transferring individuals detained at United States Naval 
        Station, Guantanamo Bay, Cuba, and expressing concern about the 
        national security risks over the transfer of five Taliban 
        leaders and the repercussions of negotiating with 
        terrorists.''.
                                                 House Calendar No. 133

113th CONGRESS

  2d Session

                              H. RES. 644

                          [Report No. 113-569]

_______________________________________________________________________

                               RESOLUTION

 Condemning and disapproving of the Obama administration's failure to 
comply with the lawful statutory requirement to notify Congress before 
    releasing individuals detained at United States Naval Station, 
 Guantanamo Bay, Cuba, and expressing national security concerns over 
     the release of five Taliban leaders and the repercussions of 
                      negotiating with terrorists.

_______________________________________________________________________

                             July 31, 2014

 Reported with amendments, referred to the House Calendar, and ordered 
                             to be printed