[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.
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