[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 644 Engrossed in House (EH)]
H. Res. 644
In the House of Representatives, U. S.,
September 9, 2014.
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,
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.
Attest:
Clerk.