[Congressional Record Volume 160, Number 90 (Wednesday, June 11, 2014)]
[Senate]
[Page S3606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 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

  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:

                              S. Res. 469

       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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