    [House Hearing, 114 Congress]
    [From the U.S. Government Publishing Office]

                              [H.A.S.C. No. 114-8]

                  UPDATE ON DETAINEE TRANSFERS FROM GUANTANAMO

                                   __________

                                    HEARING

                                   BEFORE THE

                  SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

                                     OF THE

                          COMMITTEE ON ARMED SERVICES

                            HOUSE OF REPRESENTATIVES

                        ONE HUNDRED FOURTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                  HEARING HELD

                               FEBRUARY 12, 2015

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                  SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

                      VICKY HARTZLER, Missouri, Chairwoman

    JEFF MILLER, Florida                 JACKIE SPEIER, California
    K. MICHAEL CONAWAY, Texas            JIM COOPER, Tennessee
    JOSEPH J. HECK, Nevada               HENRY C. ``HANK'' JOHNSON, Jr.,
    AUSTIN SCOTT, Georgia                    Georgia
    MARTHA McSALLY, Arizona              GWEN GRAHAM, Florida
                 Christopher Bright, Professional Staff Member
                    Michael Amato, Professional Staff Member
                              Abigail Gage, Clerk

                                C O N T E N T S

                                  ----------
                                                                       Page

                  STATEMENTS PRESENTED BY MEMBERS OF CONGRESS

    Hartzler, Hon. Vicky, a Representative from Missouri, Chairwoman,
      Subcommittee on Oversight and Investigations...................     1
    Smith, Hon. Adam, a Representative from Washington, Ranking
      Member, Committee on Armed Services............................     6
    Speier, Hon. Jackie, a Representative from California, Ranking
      Member, Subcommittee on Oversight and Investigations...........     4
    Thornberry, Hon. William M. ``Mac,'' a Representative from Texas,
      Chairman, Committee on Armed Services..........................     5

                                   WITNESSES

    Lewis, Paul M., Special Envoy for Guantanamo Detention Closure,
      U.S. Department of Defense.....................................     8
    Trumbull, Charles, Acting Special Envoy for Guantanamo Closure,
      U.S. Department of State.......................................    11

                                    APPENDIX

    Prepared Statements:

        Lewis, Paul M................................................    19
        Trumbull, Charles............................................    33

    Documents Submitted for the Record:

        Letter from 42 retired U.S. military officers advocating
          closure of the Guantanamo Bay detention facility...........    41

    Witness Responses to Questions Asked During the Hearing:

        [There were no Questions submitted during the hearing.]

    Questions Submitted by Members Post Hearing:

        [There were no Questions submitted post hearing.]

                  UPDATE ON DETAINEE TRANSFERS FROM GUANTANAMO

                                  ----------

                      House of Representatives,
                           Committee on Armed Services,
                  Subcommittee on Oversight and Investigations,
                           Washington, DC, Thursday, February 12, 2015.
        The subcommittee met, pursuant to call, at 3:05 p.m., in
    Room 2212, Rayburn House Office Building, Hon. Vicky Hartzler
    (chairwoman of the subcommittee) presiding.

    OPENING STATEMENT OF HON. VICKY HARTZLER, A REPRESENTATIVE FROM
          MISSOURI, CHAIRWOMAN, SUBCOMMITTEE ON OVERSIGHT AND
                             INVESTIGATIONS

        Mrs. Hartzler. Welcome. I am delighted to gavel in this
    first hearing and briefing of the Oversight and Investigations
    Subcommittee. Today's event is entitled ``Update on Detainee
    Transfers from Guantanamo.''
        Before we proceed with the hearing, I would like to
    emphasize how honored I am to serve as Oversight and
    Investigations Subcommittee chairwoman in this Congress.
        This subcommittee undertakes important work for the
    Committee on Armed Services. It strives to ensure that the
    policies and programs of the Department of Defense [DOD] are
    properly formulated and implemented in the most efficient
    manner. Previous Congresses have recognized the critical role
    of standalone oversight and investigations. In fact, it is
    essential I recognize a former HASC [House Armed Services
    Committee] chairman and my predecessor, the late Ike Skelton,
    who insisted on establishing this subcommittee when he became
    chairman of the Armed Services Committee during the 110th
    Congress.
        I am also pleased to acknowledge that Chairman Joe Heck,
    who preceded me in this position last year, returns to the
    subcommittee as a sitting member; and I look forward to his
    continued involvement and insights.
        And I also look forward to working with Ranking Member
    Speier as well as Chairman Thornberry, Ranking Member Smith,
    and all members of the subcommittee in the 114th Congress.
        So before continuing with my opening remarks for the
    hearing, I would like to recognize my colleague and ranking
    member of the subcommittee, Ms. Jackie Speier, for any
    welcoming remarks that she may wish to offer.
        Ms. Speier. Thank you, Madam Chairwoman.
        And I too am privileged to serve with you as ranking member
    of this committee. I really think that there is no higher
    calling for all of us as Members of Congress than to do
    rigorous investigations and oversight. And I look forward to
    working with you, and recognizing that together in a bipartisan
    fashion we can address very thorny issues that come before us
    and hopefully come up with constructive solutions.
        I yield back.
        Mrs. Hartzler. Thank you.
        So as we turn to the subject matter at hand, I would like
    to state up front that we will not tolerate any disturbances of
    these proceedings, including verbal disruptions, standing, or
    holding of signs. I appreciate your cooperation in this matter.
        So, this afternoon we have two senior officials appointed
    by the Obama administration charged with the responsibility to
    oversee the closure of Guantanamo Bay detention facility. Our
    witnesses will provide testimony on their roles and the
    interagency process for transferring detainees from the
    detention facility to other countries. We will then adjourn to
    a classified setting, where we will be joined by an official
    from the Defense Intelligence Agency [DIA], in addition to our
    two witnesses, who will elaborate further on the interagency
    transfer process.
        In light of the statements we are about to receive from the
    witnesses and the type of details which are primarily
    classified, I ask unanimous consent that members hold all
    questions for the witnesses until the classified briefing.
        Hearing no objection, so ordered.
        According to information from Joint Task Force Guantanamo,
    the military organization that operates the detention facility,
    their responsibility is to detain unprivileged enemy
    belligerents. The Joint Task Force material explains that the
    detention of unprivileged enemy belligerents in wartime is, ``a
    matter of security and military necessity, and has long been
    recognized as legitimate under international law.''
        The Joint Task Force further notes that detainees provide
    the United States with important intelligence that helps
    prevent future attacks. General James Mattis, a retired
    commander of U.S. Central Command, echoed this in testimony on
    January 27 to the Senate Armed Services Committee. He called
    for consistency in our detention policy, and argued for the
    need to hold belligerents until the end of the fighting so they
    cannot harm others.
        Despite the dedication of the men and women who created and
    operate GTMO [Guantanamo] today, any real or imagined misstep
    or procedural lapse from a decade ago has been sensationalized
    by our terrorist enemies. We must not allow them to succeed in
    inventing a narrative about GTMO and using this narrative to
    lead to GTMO's abolition.
        Let me be clear, terrorists bombed the USS Cole before the
    detention center at Guantanamo existed. Terrorists hijacked
    three airplanes and wrought havoc in the United States on
    September 11, 2001, before GTMO was created.
        The Taliban established their brutal regime in Afghanistan
    before GTMO was built. Indeed, it was because of the death and
    destruction caused by these terrorists that GTMO came into
    being. The crazed fanatics who comprise the Islamic State do
    not exist because of GTMO. Certainly it is not true that if the
    facility ceased to exist these brutal murderers would renounce
    their violent ideology.
        It is wrong to suggest that because the Islamic State
    dresses their victims in orange jumpsuits the United States
    bears even an incidental responsibility for the Islamic State's
    barbaric actions. It is also wrong to use this as a
    justification to shutter GTMO. Indeed, recent events should
    suggest greater, not lesser, caution in moving detainees out of
    GTMO.
        Yet, based on information provided by the Department of
    Defense, 33 detainees have been transferred from Guantanamo in
    the past 11 months, including 15 transfers just this past
    December alone. What is also shocking is that of the 33
    transferred in the past 11 months, 7 of these detainees were
    among 48 recommended for continued detention by the Obama
    administration. Five of those seven detainees were the senior-
    most Taliban leaders sent to Qatar in May 2014.
        Recent news reports have suggested that the intelligence
    community believes one of these individuals may have returned
    to the fight. In our classified session we are going to receive
    a briefing on the Taliban Five and learn what the United States
    Government currently assesses about them.
        Two other detainees recommended for continued detention by
    the administration were transferred to Kuwait and Saudi Arabia
    in recent months. I expect to learn more about the process that
    resulted in the transfer of the seven GTMO detainees that the
    President's own advisers recommended remain behind bars.
    Because the administration has often ignored recommendations
    yielded internally from the system it established, it seems
    hypocritical to malign legislation that seeks to improve and
    make more sound the transfer, recommendation process.
        Furthermore, of those 15 detainees transferred in December,
    4 were sent to Afghanistan, where of course a war still rages
    and U.S. forces are deployed, despite the administration's
    claim that combat operations have ceased.
        Six other detainees were sent to Uruguay, where according
    to press reports, the Uruguayan defense minister described them
    as ``totally free men who will not be restricted in any way.''
    I look forward to today to learning if there is any basis for
    these reports, which if true, are deeply disturbing.
        The remaining 26 of the 33 detainees transferred over the
    past 11 months were deemed to be transferrable by the
    Presidential task force. But the task force noted nonetheless
    that a decision to approve a detainee for transfer does not
    equate to a judgment that the government lacked authority to
    hold the detainee. Even with the stated authority, the
    detainees were sent out of GTMO.
        I am also eager to learn about the transfer arrangements
    for the detainees that fell into this category. This
    subcommittee, like the full Committee on Armed Services, will
    continue to vigorously oversee these and related issues.
        I look forward to the opportunity to mark up the
    legislation sponsored by Representative Walorski and
    cosponsored by Representative Scott.
        I now turn to the ranking member for her opening remarks
    for today's hearing.

        STATEMENT OF HON. JACKIE SPEIER, A REPRESENTATIVE FROM
       CALIFORNIA, RANKING MEMBER, SUBCOMMITTEE ON OVERSIGHT AND
                             INVESTIGATIONS

        Ms. Speier. Thank you, Madam Chair.
        Thank you for addressing this important topic. I also wish
    to thank our witnesses for appearing here this afternoon and
    for sharing with us their insights and their expertise.
        Madam Chairwoman, it is long past time for the United
    States Government to close the detention facility at Guantanamo
    Bay. Its continuing operation damages national security by
    justifying abhorrent extremist behavior, by undermining
    relationships with allies and partners around the globe, and by
    wasting valuable national resources that could be put to
    productive use.
        Whether we like it or not, the detention facility at
    Guantanamo Bay is an injurious symbol. Whether a fair
    representation or not, to many in the world Guantanamo
    symbolizes a manifestation of lawless abuse. It is an emblem
    that fuels twisted ideological propaganda, and it is an
    effective tool in the corruption and recruitment of individuals
    by organizations that exist to do innocent people grave harm.
        Al Qaeda in its various forms has long been considered
    Guantanamo a useful totem. But we would need to look no further
    than the recent atrocities that have been brutally committed
    and luridly disseminated by the so-called Islamic State for
    proof of Guantanamo's enduring liability.
        The Islamic State has purposely utilized imagery that
    evokes common conceptions of Guantanamo, such as cages and
    captives garbed in orange jumpsuits, in an effort to make its
    jihadist message resonate among those susceptible individuals
    who might be outraged by such references and persuaded to
    convert their anger into violence.
        Even Al Qaeda's own English-language magazine, Inspire,
    uses those detained at Guantanamo as a rallying cry. Madam
    Chairwoman, for these reasons we need to treat the closure of
    the detention facility at Guantanamo as a national security
    imperative. The breadth and depth of opposition to Guantanamo
    cannot be overstated.
        President Barack Obama and President George W. Bush,
    Secretary Hagel, Secretary Panetta, Secretary Gates, Generals
    Dempsey and Petraeus, and Admiral Mullen, all similarly support
    the cessation of detention operations at Guantanamo. These are
    seasoned leaders, and we should respect their views, which are
    based on extensive experience in weighing and balancing
    competing national security risk.
        I also have here a letter, Madam Chair, written to Senators
    McCain and Reid by 42 retired flag and generals in the U.S.
    military. And I just want to read one or two sentences from
    their letter: ``It is hard to overstate how damaging the
    continued existence of the detention facility at Guantanamo has
    been and continues to be. It is a critical national security
    issue. Many of us have been told on repeated occasions by our
    friends in countries around the world that the greatest single
    action the United States can take to fight terrorism is to
    close Guantanamo.''
        I would like to have this submitted for the record.
        Mrs. Hartzler. Hearing no objection, so ordered.
        [The information referred to can be found in the Appendix
    on page 41.]
        Ms. Speier. Responsibly managed transfers of select
    individuals from Guantanamo into the custody of foreign
    countries constitutes the necessary first steps towards closing
    the detention center there and to embracing a more pragmatic
    detention policy which strengthens national security and
    upholds American values.
        As it stands, only 122 detainees remain under lock and key
    at Guantanamo, and 54 of those individuals are currently deemed
    eligible for transfer to another country because they have been
    put through a rigorous interagency review process, and it has
    been determined that the risk of their returning to the fight
    can be mitigated.
        We need to put more confidence in this process. Although
    one may never be complete in eliminating the risk that a
    transferred individual will reengage, the risk can be managed.
    In fact, the reengagement figures associated with the review
    process are down dramatically. According to the intelligence
    community, of the 88 transfers that occurred after January
    2009, 6.8 percent of the transferred individuals are confirmed
    to have reengaged, and 1 is suspected of having reengaged.
        Contrast those figures with the 19 percent confirmed and
    14.3 percent suspected of reengagement among the 532 transfers
    that took place prior to 2009 that are over 30 percent. To me,
    the risk of reengagement is outweighed by the risk that
    Guantanamo's stigma will foment violent activities perpetrated
    by extremist individuals and organizations.
        Congress needs to help the President develop a more
    rational detention policy that bolsters national security and
    that is true to our values. The detention facility at
    Guantanamo is an obstacle that needs to be surmounted. We need
    to accelerate the process of responsibly transferring the
    detainees that we can off the island.
        Thank you again, Madam Chairwoman. Although the detainee
    transfer issue is one that has proven divisive and one that
    will continue to spark vigorous debate, it is an issue on which
    we must stay informed and in which should facilitate progress.
        I look forward to a very frank and purposeful discussion in
    closed session, and I yield back the balance of my time.
        Mrs. Hartzler. Sure. Thank you.
        We are honored to have with us the full committee chairman.
    So welcome, Chairman Thornberry.
        And do you have any opening remarks that you would like to
    make?

          STATEMENT OF HON. WILLIAM M. ``MAC'' THORNBERRY, A
        REPRESENTATIVE FROM TEXAS, CHAIRMAN, COMMITTEE ON ARMED
                                SERVICES

        The Chairman. Thank you, Madam Chair.
        I just say I appreciate you and the ranking member having
    this hearing. I completely agree with the statement that
    rigorous oversight is a key component of what Congress and this
    committee needs to do and I would add fair--rigorous and fair
    oversight needs to be a part of what we--a big part. And I
    think this subcommittee is going to have its plate full.
        On the subject of today's hearing, I just say I recognize
    there are differences of opinion about Guantanamo. I would
    caution members not to fall too easily for the propaganda of
    the terrorist organizations. I believe they will look for an
    excuse to justify their behavior, whether it is Guantanamo,
    whether it is the Israeli-Palestinian conflict, or anything
    else that they can get some traction on.
        While there are differences on Guantanamo, I hope there are
    no differences on the point that we do not want to see
    additional prisoners released who return to the battlefield to
    threaten Americans here or abroad. And I note I saw a press
    article just this morning that a gentleman who was released
    from Guantanamo back in 2007 or so was recently killed in I
    believe Afghanistan as a key facilitator for ISIS [Islamic
    State of Iraq and Syria], even in Afghanistan.
        So while we have differences that relate to these issues, I
    hope that we can ensure that there are no further releases that
    pose dangers to us and our troops.
        And with that, I thank you and yield back.
        Mrs. Hartzler. Thank you, Mr. Chairman.
        Also joining us today is the ranking member of the full
    committee, Ranking Member Smith. Do you have any comments you
    would like to make?

    STATEMENT OF HON. ADAM SMITH, A REPRESENTATIVE FROM WASHINGTON,
              RANKING MEMBER, COMMITTEE ON ARMED SERVICES

        Mr. Smith. Thank you, Madam Chair.
        Yes, just quickly, I think it is a very important issue, I
    think it is very appropriate to have the hearing on it. I
    think, you know, part of the issue with closing Guantanamo is--
    and I agree with the chairman actually, I think that ISIS and
    Al Qaeda will come up with whatever excuse they want to come up
    with.
        But the other issue that we have to deal with Guantanamo is
    not just what ISIS or Al Qaeda thinks of it, but what some of
    our allies think of it. You know, critical to our ability to
    round up some terrorists throughout the world has been our
    close working relationship with a lot of our European allies
    and others, all of whom continue to be troubled by the presence
    of Guantanamo. So, you know, will they cooperate with us if
    they think the possibility of that cooperation will lead to an
    inmate being sent to Guantanamo? Maybe yes, maybe no, but I
    think that that is a problem. And is still an eyesore that goes
    beyond our enemies who, as the chairman correctly points out,
    will find any number of different reasons to strike out at us.
        And I will also agree that we need a vigorous oversight. We
    need to, you know, make sure, you know, of who is really
    eligible for release and who isn't, but I think the track
    record that Ms. Speier, you know, outlined shows that we have
    learned the lessons from the pre-2009 days, and we are doing a
    much, much better job of keeping careful track of who can be
    released and who can't be released, and that has been reflected
    in the statistics. There is never a 100 percent guarantee, but
    the track record has definitely improved.
        And lastly, I would say that, you know, in order to close
    Guantanamo, you don't have to release all of the prisoners.
    That has never been the position, or my position anyway, in
    terms of what we should do in terms of closing Guantanamo. It
    is just that the presence of the prison continues to be an
    international eyesore, as I mentioned, to our allies much more
    importantly than to our enemies.
        And second, we have the capability in the United States of
    America to house some of the most dangerous people in the
    world. We have well over 300 terrorists that are in U.S.
    Federal prisons. It has always been, you know, just a total
    straw man, bogus argument that has been set up, we can't bring
    these people here because they are dangerous. Well regrettably,
    every society has to figure out a rational way and a safe way
    to deal with very dangerous people. And if we as a society here
    in the United States cannot safely hold dangerous people, then
    we are in a heck of a lot of trouble, whether Guantanamo exists
    or not. Whatever the population is, and I think the population
    is down to what--Mr. Lewis, sorry, it's about 122?
        Mr. Lewis. 122.
        Mr. Smith. So, you know, whatever percent of that
    population, and I again forget the numbers, but I think it is
    about half of that I think that have been deemed unreleaseable
    for the time being or that we don't want to release them, there
    is no reason on Earth that they can't be safely housed here in
    the U.S., as we already have with hundreds of terrorists. So we
    can get rid of an international eyesore, adequately protect
    ourselves, and I think move forward in a positive direction.
        And let us not forget that I don't think in the history of
    the world there has been a more expensive prison than
    Guantanamo. I am going to get the number off here again, but it
    is somewhere--well, let's let Jackie give it--Jackie gives me
    all the numbers, she has got the sheet in front of her. It is
    like $3 million per inmate per year to hold them in Guantanamo,
    as compared with somewhere in the neighborhood of $75,000 to
    $80,000 a year for maximum security here in the U.S. It simply
    doesn't make policy sense to keep Guantanamo open.
        Part of that policy is sensibly figuring out who can be
    released and who can't be. But the other part of that policy is
    closing the prison and safely holding those who we need to
    continue to hold here in the United States.
        And with that, I thank the chairwoman for her indulgence,
    her time and the hearing, and yield back.
        Mrs. Hartzler. Thank you very much, Mr. Smith.
        So I would now like to introduce our hearing witnesses,
    Paul Lewis was appointed in December 2013 by Secretary of
    Defense Chuck Hagel to be the Department of Defense special
    envoy for closing the detention facility at Guantanamo Bay,
    Cuba. Special Envoy Lewis received his undergraduate degree in
    history from the University of Notre Dame. After graduation
    from Notre Dame Law School, he served in a variety of
    positions, including as a judge advocate in the United States
    Marine Corps.
        Before assuming his current responsibilities, Mr. Lewis
    held other positions in the Department of Defense and in the
    House of Representatives. And most significantly, prior to
    assuming his current position he served in general counsel role
    for this committee. His responsibilities included in particular
    the activities of this subcommittee.
        Mr. Lewis, welcome back to the Armed Services Committee.
        Charles Trumbull is the acting special envoy for Guantanamo
    closure at the Department of State, after having served as the
    deputy special envoy since 2013. His prior assignments include
    working in the office of the legal advisor at the Department of
    State, where he focused on both international humanitarian law
    and international human rights law. Mr. Trumbull received his
    undergraduate degree from Dartmouth College and his law degree
    from Vanderbilt law school.
        So welcome Mr. Trumbull.
        So, we will now turn to Mr. Lewis for your opening
    statement.

       STATEMENT OF PAUL M. LEWIS, SPECIAL ENVOY FOR GUANTANAMO
             DETENTION CLOSURE, U.S. DEPARTMENT OF DEFENSE

        Mr. Lewis. Thank you, ma'am.
        Madam Chairwoman, Chairman Thornberry, Ranking Member
    Speier, distinguished members of the subcommittee and
    committee, and former colleagues on your dedicated staff. Thank
    you for the opportunity to testify today on past and
    prospective transfers from the detention center at Guantanamo
    Bay, Cuba. I am pleased to be joined by my colleague from the
    Department of State, Charlie Trumbull.
        I understand the members of the subcommittee will be
    participating in an oversight visit to the detention facility
    later this month, and I hope to join you on that visit. When
    you visit Guantanamo Bay you will see dedicated and
    professional service members who perform superbly under
    challenging and difficult conditions.
        I would like to briefly summarize my written statement. On
    January 22, 2009, President Obama signed Executive Order 13492,
    which ordered the closure of the detention facilities at GTMO.
    Pursuant to this order, a special task force, the ``EOTF task
    force,'' was established to comprehensively review information
    in the possession of the U.S. Government about the detainees
    and to assess appropriate disposition options.
        Since then, pursuant to another Executive order signed by
    the President in 2011, and consistent with section 1023 of the
    NDAA [National Defense Authorization Act] for fiscal year 2012,
    a Periodic Review Board [PRB] has begun to review the status of
    those detainees not currently eligible for transfer and for
    whom there are no charges pending and no judgment of conviction
    has been entered.
        As noted, there are 122 detainees remaining at the
    detention facility. Of these, 54 are eligible for transfer, 10
    are being prosecuted or have been sentenced, and 58 are in the
    process of being reviewed by the PRB.
        Secretary of Defense Hagel, as noted, has approved the
    transfer of 44 detainees during his term as Secretary: 11 in
    2013, 28 last year, and 5 this year. The great majority of
    these transfers occurred in accordance with the authorities in
    section 1035 of the fiscal year 2014 NDAA. I urge you to
    maintain those authorities.
        Madam Chairwoman and members of the subcommittee, at the
    outset I want to make one fundamental point about the detention
    facility at Guantanamo Bay, which has been mentioned by several
    of you. The President has determined that closing this facility
    is a national security imperative. The President and his
    national security team have concluded that the continued
    operation of the facility weakens our national security by
    draining resources, damaging our relationships with key allies,
    and emboldening violent extremists.
        I believe it is no coincidence that the ISIL [Islamic State
    of Iraq and the Levant] videos displaying barbaric and savage
    executions of American hostages, and most recently of a
    Jordanian pilot and a Japanese hostage, each showed the victim
    clothed in an orange jumpsuit, believed by many to be the
    symbol of the United States Government's operation of the
    Guantanamo detention facility. ISIL and other terrorist groups
    exploit Guantanamo to enhance their propaganda and recruiting.
        As noted, 42 military leaders, all retired general officers
    and flag officers, have addressed this issue. As stated, they
    said, ``It's hard to overstate how damaging the continued
    existence of the detention facility at Guantanamo has been and
    continues to be. It is a critical national security issue'', as
    mentioned by the ranking member. And as she emphasized, the
    letter continued, ``Many of us have been told on repeated
    occasions by our friends in countries around the world that the
    greatest single action the United States can do to fight
    terrorism is to close Guantanamo.''
        This letter was signed by General Charles C. Krulak, a
    retired Commandant of the United States Marine Corps; Major
    General Michael Lehnert, the first commanding general of the
    detention task force at GTMO; General Joseph Hoar, the former
    head of CENTCOM [U.S. Central Command]; General David M.
    Maddox, the former head of the United States Army in Europe;
    and 36 other retired senior military leaders.
        Many other senior military leaders acknowledge the need to
    close the detention facility at GTMO as well. As noted, Admiral
    Michael Mullen and General Martin Dempsey, the current and
    former chairman of the Joint Chiefs of Staff, support GTMO
    closure.
        In 2010, General David Petraeus, who was then the commander
    of CENTCOM, stated, ``I've been on the record that for well
    over a year saying that GTMO should be closed . . . And I think
    that whenever we have perhaps taken expedient measures, they
    have turned around and bitten us . . . Abu Ghraib and other
    situations like that are non-biodegradables. They don't go
    away. The enemy continues to beat you with them like a stick.''
        In addition to the military, senior figures across the
    political spectrum have made clear that Guantanamo poses
    profound risks to our national security and should be closed.
    As indicated to you, former Secretaries of Defense Robert Gates
    and Leon Panetta, and the current Secretary of Defense Chuck
    Hagel, all support GTMO closure. And finally, as indicated,
    President George W. Bush himself concluded that Guantanamo
    detention facility is ``a propaganda tool for our enemies and a
    distraction for our allies.''
        As noted, we have had 28 detainees transfer in 2014, 5 of
    them transferred this year. These detainees were transferred to
    11 different countries. These recent transfers included
    repatriations to Algeria, Kuwait, Saudi Arabia, and
    Afghanistan. And the recent transfers also included
    resettlements to Qatar, Slovakia, Georgia, Uruguay, Kazakhstan,
    Estonia, and Oman. I look forward to discussing the details of
    each of these transfers and potential additional transfers in
    the closed briefing.
        Overall, 22 nations have taken detainees from GTMO who are
    not from that country. This broad support in the international
    community is also demonstrated by the numerous international
    organizations calling for closure, including the Organization
    for American States, and most recently the Vatican.
        As with our military leaders, foreign leaders regularly
    cite the Guantanamo detention center as an obstacle to
    counterterrorism efforts. For example, a high-ranking security
    official from one of our staunchest allies in counterterrorism
    told Charlie's predecessor, Cliff Sloan, ``the greatest single
    action the United States can do to fight terrorism is to close
    Guantanamo.''
        I will talk briefly about the transfer process. My written
    statement discusses this process, security assurances, which
    include travel restrictions, monitoring, information sharing,
    and reintegration and rehabilitation programs, all important
    factors in mitigating the risks in detail. But in summary, we
    try to do three things.
        We assess the risks and balance the risks. Transfers are
    not risk free, but neither is continued detention. Second, we
    evaluate all sorts of information in making these decisions.
    All sorts of information. And three, we tailor agreements and
    conditions to mitigate the threat, and we follow up. As
    indicated, we take the responsibility of reengagement very
    seriously. Secretary Hagel has testified forcefully before the
    full committee on this.
        Briefly, the ODNI [Office of the Director of National
    Intelligence] recognizes these figures in three ways: total;
    pre-January 22, 2009; and post-January 22 of 2009. I will
    summarize the current public reporting. For the total figures
    there are 17.3 percent confirmed and 12.4 percent suspected,
    for a total of 29 percent confirmed or suspected of
    reengagement.
        Prior to January 22, 2009, 19 percent confirmed, 14.3
    percent suspected, for a total of 33 percent. And post-January
    22, 2009, 6.8 percent confirmed and 1.1 percent suspected, for
    a total of 7.9 percent confirmed or suspected. In other words,
    as noted, the rate of reengagement has been much lower for
    those transferred since 2009.
        Of the detainees transferred under this administration,
    over 90 percent are neither confirmed nor suspected of having
    reengaged. And I want to emphasize one additional key point
    about this reengagement data. Of the 107 confirmed of
    reengaging, the vast majority of them transferred prior to
    2009, 48 are either dead or in custody.
        Detainees transferred from GTMO by no means receive a free
    pass to reengage. Their activities are closely watched, and we
    are committed to using all lawful tools, if necessary, to
    mitigate the threat such detainees may pose if they do
    reengage.
        Finally, our plan to close the Guantanamo detention
    facility has three main elements. First, we will continue the
    process of responsibly transferring the 54 detainees eligible
    for transfer. Second, we will continue the prosecution of
    detainees in military commissions, and if possible, in Federal
    courts. And third, we will continue to expedite the PRB
    process.
        When we have concluded all these three lines of effort, it
    is likely that there will be a limited number of detainees who
    cannot be prosecuted, but as noted, are too dangerous to
    transfer even with the security assurances. They will remain in
    our custody, and we will work with Congress on options for
    those detainees.
        In conclusion, President Bush worked toward closing GTMO
    and many officials in his administration worked hard towards
    that objective. The President and his national security experts
    of this administration also believe it should be closed. The
    senior military leaders of the country and the leaders of the
    Department of Defense concur. As indicated in the letter by the
    retired military leaders, many believe closure of this facility
    is the single most important counterterrorism effort the United
    States can undertake. And as you have heard, many of our allies
    agree. We believe the issue is not whether to close the
    Guantanamo Bay detention facility, the issue is how to do it.
        And thank you, and I look forward to your questions at the
    closed briefing.
        [The prepared statement of Mr. Lewis can be found in the
    Appendix on page 19.]
        Mrs. Hartzler. Thank you.
        Now we will hear opening remarks from Mr. Trumbull.

        STATEMENT OF CHARLES TRUMBULL, ACTING SPECIAL ENVOY FOR
              GUANTANAMO CLOSURE, U.S. DEPARTMENT OF STATE

        Mr. Trumbull. Well, thank you, Madam Chairwoman, Ranking
    Member Speier, and members of this committee.
        I appreciate your invitation to appear here today on the
    important matter of detainee transfers from Guantanamo Bay
    detention facility.
        I am also honored to be here along with my colleague,
    Department of Defense special envoy Paul Lewis.
        The special envoy for Guantanamo closure serves as the
    State Department's lead negotiator for the transfer of
    Guantanamo's detainees abroad, and my office has a primary
    responsibility for managing the diplomatic issues related to
    the facility.
        My office also plays a leading role in the interagency
    process that determines when and where a detainee is
    transferred, as well as the periodic review process for those
    detainees not currently approved for transfer. In addition, we
    work closely with our embassies around the world to follow up
    on the progress of detainees who have been transferred to other
    countries.
        It has been an honor to contribute to this administration's
    goal of closing the detention facility at Guantanamo Bay, a
    process that started under the Bush administration. As
    President Obama has stated, the detention facility at
    Guantanamo, ``Weakens our national security by draining
    resources, damaging our relationships with key allies and
    partners, and emboldening violent extremists.''
        World leaders consistently call on us to finally close
    Guantanamo, including Pope Francis just last month. From a
    foreign affairs perspective, I cannot overstate the fact that
    Guantanamo is a serious irritant in our relationships with
    important partners and allies, and interferes with our
    cooperation on issues ranging from security and
    counterterrorism to the promotion of human rights.
        As the acting special envoy, my and Paul's primary focus is
    to transfer the 54 detainees who are currently approved for
    transfer. Now, ``approved for transfer'' is an extremely
    important designation because it reflects the considered
    unanimous judgment of national security experts from six
    agencies that an individual detainee can and should be
    transferred, subject to appropriate security measures. That is,
    a detainee is approved for transfer only when defense,
    diplomatic, intelligence, and law enforcement professionals
    determine that the detainee's transfer is consistent with U.S.
    national security and foreign policy interests.
        Detainees can be approved for transfer in one of two ways.
    The vast majority of the 54 individuals currently approved for
    transfer were approved by the 2009 Executive order task force,
    which included representatives from the Department of State,
    the Department of Defense, the Joint Chiefs of Staff, the
    Department of Justice, the Department of Homeland Security, and
    the Office of the Director of National Intelligence. This
    rigorous interagency process collected and considered all
    reasonably available information concerning the detainees at
    Guantanamo Bay.
        The decision to approve a detainee for transfer required
    the unanimous consensus of these six departments and agencies,
    and it reflected the best predictive judgment of senior
    government officials that any threat posed by the detainee
    could be sufficiently mitigated through feasible and
    appropriate security measures in the receiving country.
        As the publicly available task force report notes, many of
    these detainees were at most low-level fighters and are
    ``appropriate candidates for transfer from a threat perspective
    in light of their limited skills, minor organizational roles,
    or other factors.''
        A detainee can also be approved for transfer by the
    Periodic Review Board. The PRB is in the process of considering
    detainees who are not currently approved for transfer, facing
    charges in the military commission, or are awaiting or serving
    their military commission sentence.
        The PRB panel consists of one voting member from the
    Departments of Defense, Homeland Security, Justice, and State,
    as well as the Joint Staff and the Office of the Director of
    National Intelligence. The PRB's mandate is to determine
    whether the continued detention of a detainee is necessary to
    protect against a continuing significant threat to the national
    security of the United States. Detainees appearing before the
    PRB are assigned a personal representative and have the
    opportunity to be represented by a private counsel at no cost
    to the government. Detainees can provide an oral and a written
    statement, submit evidence, call witnesses, and elect to answer
    questions posed by the board members.
        Thus far, the PRB has reviewed the cases of 12 individuals,
    and has reached a final determination in 9 of those cases. Of
    the nine detainees whose results have been finalized, six were
    approved for transfer, and three were designated for continued
    detention. This track record should make clear that the PRB is
    not a rubber stamp for either transfer or continued detention.
        Now, I just want to talk a little bit about the detainee
    transfers that Paul has also gone over. We have made
    significant progress in transferring those detainees who are
    approved for transfer. As Paul noted, 28 detainees were
    transferred in 2014, and 5 detainees have been resettled thus
    far this year. The 54 remaining detainees who are approved for
    transfer can and should be transferred from Guantanamo, subject
    to appropriate security measures and humane treatment
    assurances.
        It is important to note that the decision to approve a
    detainee for transfer is not the end of the process. Prior to
    any transfer, the intelligence community provides an updated
    assessment of the individual, as well as an assessment of the
    receiving country's capabilities. We also work extensively with
    receiving governments to ensure that measures have been or will
    be taken to substantially mitigate the threat that the
    individual will engage or reengage in activity that threatens
    the United States or United States persons or interests.
        Our rigorous approach to transfers, which looks both at the
    potential threat posed by the individual and the measures that
    the receiving country has taken or will take, is effective.
    According to the most recent public report from ODNI, of the
    detainees transferred under this administration only 6.8
    percent are confirmed and only 1.1 percent are suspected of
    engaging in hostile or uncertain activity.
        While we take every instance of reengagement seriously, the
    important point is that over 90 percent of these individuals
    are not even suspected, much less confirmed of engaging in
    hostile activities after their release.
        Now one challenge we face in our effort to close Guantanamo
    is the fact that many of the detainees approved for transfer
    cannot be returned to their home country due to the security or
    humane treatment concerns. As former special envoy Sloan wrote
    in New York Times, these individuals are not the worst of the
    worst, but rather they are the detainees at Guantanamo with the
    worst luck. Of the 54 detainees currently approved for
    transfer, 47, for example, are from Yemen. Members of this
    committee are certainly aware of the security situation in that
    country. This administration has not transferred a Guantanamo
    detainee to Yemen since 2010. And our current focus is
    resettling those individuals in third countries.
        In the past several months we have resettled 12 Yemenis to
    5 different countries. It is a testament to our strong standing
    internationally that numerous countries have been willing to
    provide homes for those individuals who cannot be returned to
    their home country and who should not remain at Guantanamo
    solely because of the security situation in Yemen. These
    countries should be commended for taking this important
    humanitarian step and for the contribution to the President's
    goal of closing Guantanamo in a secure and responsible manner.
        Looking forward, our goals for 2015 are clear. First, we
    must transfer all of those detainees approved for transfer, the
    vast majority of whom have been approved for 5 years. Second,
    we must continue and expedite the PRB process. In both of these
    efforts, I look forward to working closely with Paul Lewis and
    with my interagency colleagues, as well as members of this
    committee.
        Thank you, Madam Chairwoman.
        [The prepared statement of Mr. Trumbull can be found in the
    Appendix on page 33.]
        Mrs. Hartzler. Thank you.
        Pursuant to our unanimous consent agreement, we will now
    adjourn from open session and reconvene immediately for our
    classified briefing in room 2216.
        [Whereupon, at 3:45 p.m., the subcommittee proceeded in
    closed session.]

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