[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 469 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
S. RES. 469

  Expressing the sense of the Senate on the May 31, 2014, transfer of 
   five detainees from the detention facility at United States Naval 
                     Station, Guantanamo Bay, Cuba.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2014

 Mr. Portman (for himself, Ms. Ayotte, Mr. Chambliss, Mr. Cochran, Mr. 
Cornyn, Mr. Grassley, Mr. Hatch, Mr. Hoeven, Mr. Inhofe, Mr. Kirk, Mr. 
Paul, Mr. Roberts, Mr. Sessions, and Mr. Thune) submitted the following 
   resolution; which was referred to the Committee on Armed Services

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the Senate on the May 31, 2014, transfer of 
   five detainees from the detention facility at United States Naval 
                     Station, Guantanamo Bay, Cuba.

Whereas in enacting the National Defense Authorization Act for Fiscal Year 2014 
        (Public Law 113-66), Congress provided the executive branch with clear 
        guidance and requirements for transferring or releasing individuals from 
        the detention facility at United States Naval Station, Guantanamo Bay, 
        Cuba;
Whereas the National Defense Authorization Act for Fiscal Year 2014 states the 
        Secretary of Defense may transfer an individual detained at United 
        States Naval Station, Guantanamo Bay, Cuba, if the Secretary determines, 
        following a review conducted in accordance with the requirements of 
        section 1023 of the National Defense Authorization Act for Fiscal Year 
        2012 (10 U.S.C. 801 note) and Executive Order No. 13567, that the 
        individual is no longer a threat to the United States, or the individual 
        is ordered released by a United States court, or such an individual can 
        be transferred if the Secretary determines that actions have been or are 
        planned to be taken which will substantially mitigate the risk of the 
        individual engaging or re-engaging in any terrorist activity or other 
        hostile activity that threatens the United States or United States 
        persons or interests and the transfer is in the national security 
        interest of the United States;
Whereas the National Defense Authorization Act for Fiscal Year 2014 states that 
        the Secretary of Defense must notify the appropriate committees of 
        Congress of such a determination not later than 30 days before the 
        transfer or release of the individual concerned from United States Naval 
        Station, Guantanamo Bay, Cuba;
Whereas the National Defense Authorization Act for Fiscal Year 2014 states that 
        such a notification must include a detailed statement of the basis for 
        the transfer or release, an explanation of why the transfer or release 
        is in the national security interests of the United States, a 
        description of any actions taken to mitigate the risks of reengagement 
        by the individual to be transferred or released, a copy of any Periodic 
        Review Board findings relating to the individual, and a description of 
        the evaluation conducted pursuant to factors that must be considered 
        prior to such a transfer or release;
Whereas the Consolidated Appropriations Act, 2014 (Public Law 113-76) states 
        that none of the funds appropriated or otherwise made available in that 
        Act may be used to transfer covered individuals detained at United 
        States Naval Station Guantanamo Bay, Cuba, except in accordance with the 
        National Defense Authorization Act for Fiscal Year 2014;
Whereas on May 31, 2014, detainees Khairullah Khairkhwa, Abdul Haq Wasiq, 
        Mohammed Fazl, Noorullah Noori, and Mohammed Nabi Omari were transferred 
        from United States Naval Station, Guantanamo Bay, Cuba, to Qatar; and
Whereas the appropriate committees of Congress were not notified of the 
        transfers as required by the National Defense Authorization Act for 
        Fiscal Year 2014 prior to the transfers: Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) the transfers of detainees Khairullah Khairkhwa, Abdul 
        Haq Wasiq, Mohammed Fazl, Noorullah Noori, and Mohammed Nabi 
        Omari from United States Naval Station, Guantanamo Bay, Cuba, 
        to Qatar on May 31, 2014, violated the National Defense 
        Authorization Act for Fiscal Year 2014 (Public Law 113-66) and 
        the Consolidated Appropriations Act, 2014 (Public Law 113-76); 
        and
            (2) Congress should--
                    (A) investigate the actions taken by President 
                Obama and his administration that led to the unlawful 
                transfer of such detainees, including an evaluation of 
                other options considered to reach the desired common 
                defense policy outcome of the President; and
                    (B) determine the impact of the transfer of such 
                detainees on the common defense of the United States 
                and measures that should be taken to mitigate any 
                negative consequences.
                                 <all>