[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 644 Reported in House (RH)]
House Calendar No. 133
113th CONGRESS
2d Session
H. RES. 644
[Report No. 113-569]
Condemning and disapproving of the Obama administration's failure to
comply with the lawful statutory requirement to notify Congress before
releasing individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, and expressing national security concerns over
the release of five Taliban leaders and the repercussions of
negotiating with terrorists.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2014
Mr. Rigell (for himself, Mr. Ribble, Mr. Barrow of Georgia, and Mr.
Rahall) submitted the following resolution; which was referred to the
Committee on Armed Services
July 31, 2014
Additional sponsors: Mr. Austin Scott of Georgia, Mr. Stutzman, Mr.
Harris, Mr. Gerlach, Mr. Wittman, Mr. Hurt, Mr. Stewart, Mr. Rice of
South Carolina, Mr. DesJarlais, Mr. Thornberry, Mr. Lance, Mr. Smith of
Texas, Mr. Hunter, Mr. Wilson of South Carolina, Mr. Goodlatte, Mr.
Pearce, Mr. McKeon, Mr. Griffin of Arkansas, Mrs. Walorski, Mr. Chabot,
Mr. Lankford, Mr. Cook, Mr. Weber of Texas, Mr. Collins of New York,
Mr. Salmon, Mr. Yoho, Mr. Southerland, Mr. Cotton, Mr. Wolf, Mr.
Forbes, Mr. Perry, Mr. Stivers, Mr. Rokita, Mr. Smith of Nebraska, Mr.
Long, Mr. Byrne, Mr. Messer, Mr. Price of Georgia, Mr. Roe of
Tennessee, Mr. Sensenbrenner, Mr. Kingston, Mr. Woodall, Mr. Conaway,
Mr. Palazzo, Mr. Buchanan, Mr. Rodney Davis of Illinois, Mr.
Fitzpatrick, Mr. Denham, Mr. Brooks of Alabama, Mr. Turner, Mr.
Gohmert, Mr. Cole, Mr. Schock, Mr. Gosar, Mr. Griffith of Virginia, Mr.
Nugent, Mrs. Blackburn, Mr. Shuster, Mr. Marino, Mrs. Bachmann, Mrs.
Hartzler, Mr. Carter, Mrs. Noem, Mr. Womack, Mr. Mulvaney, Mr.
Hultgren, Mrs. Ellmers, Mr. LaMalfa, Mr. McKinley, Mr. Miller of
Florida, Mr. Fleming, Mrs. Black, Mr. Pompeo, Mr. Kline, Mr. DeSantis,
Mr. Jones, Mr. Crawford, Mr. Hensarling, Mr. Coble, Mr. Calvert, Mr.
Nunnelee, Mr. Wenstrup, Mr. Bentivolio, Mr. Barletta, Mr. LoBiondo, Mr.
Latta, Mr. Aderholt, Mrs. Wagner, Mr. Campbell, Mr. Sam Johnson of
Texas, and Mr. Cramer
July 31, 2014
Reported with amendments, referred to the House Calendar, and ordered
to be printed
[Strike out the preamble and insert the part printed in italic]
[Strike out all after the resolving clause and insert the part printed
in italic]
_______________________________________________________________________
RESOLUTION
Condemning and disapproving of the Obama administration's failure to
comply with the lawful statutory requirement to notify Congress before
releasing individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, and expressing national security concerns over
the release of five Taliban leaders and the repercussions of
negotiating with terrorists.
<DELETED>Whereas section 1035 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 801 note) clearly
requires the Secretary of Defense to notify the appropriate committees
of Congress at least 30 days before the transfer or release of an
individual detained at United States Naval Station, Guantanamo Bay,
Cuba;
Whereas, on May 31, 2014, the Department of Defense executed the release of five
senior Taliban detainees held at United States Naval Station, Guantanamo
Bay, Cuba;
Whereas the five released Taliban detainees are 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 commander of secret police;
Whereas these five senior Taliban leaders have 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 when it provided safehaven for al-Qaeda to conduct planning,
training, and operations for the September 11, 2001, attacks;
Whereas the President has stated that there is ``absolutely'' a possibility of
the released detainees returning to activities that are detrimental to
the United States, and, according to media reports, United states
intelligence officials told members of the Senate that four of the five
detainees are expected to return to the battlefield;
Whereas Secretary Hagel stated before the Committee on Armed Services of the
House of Representatives on June 11, 2014, that the threat, ``should
these five detainees return and reintegrate with the Taliban, their
focus would almost certainly be on Taliban efforts inside Afghanistan,''
where the United States and coalition partners will retain military and
civilian personnel;
Whereas in 2010, after an extensive evaluation meant to identify detainees who
could be transferred out of the detention facility at United States
Naval Station, Guantanamo Bay, Cuba, 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 Obama administration negotiated, through intermediaries in the
Government of Qatar, with the Taliban, with whom the United States
remains engaged in active combat, and with the Haqqani Network, which
the State Department has designated as foreign terrorist organization,
and who had held Sergeant Bowe Bergdahl captive;
Whereas congressional notification was not received until June 2, 2014, three
days after such individuals were released, and 33 days after the date on
which such notification was required by law;
Whereas the Obama administration admits that it made no effort to comply with
the 30-day notification requirement;
Whereas Obama administration officials acknowledge that approximately 80 or 90
employees within the administration were knowledgeable of the transfer
of the five Taliban detainees prior to their release;
Whereas the Obama administration has offered differing, unconvincing, and
conflicting explanations of why it failed to comply with the 30-day
notification requirement and has described the failure to notify
Congress as an ``oversight'';
Whereas article II, section 3 of the Constitution states 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 Congress possesses under article I of the
Constitution ``significant war powers'', including legislative authority
concerning the detention and release of enemy combatants;
Whereas the Obama administration has complied with 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) in all previous detainee
transfers from United States Naval Station, Guantanamo Bay, Cuba, since
the date of the enactment of each such Act; and
Whereas the leadership and the leaders of the national security committees of
the Senate and House of Representatives are on record, specifically in
2011, as opposing the transfer of detainees in exchange for a prisoner
of war: Now, therefore, be it
</DELETED>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, <DELETED>That the House of Representatives--
<DELETED> (1) condemns and disapproves of the failure of the
Obama administration to comply with the lawful 30-day statutory
reporting requirement in executing the release of five senior
members of the Taliban from detention at United States Naval
Station, Guantanamo Bay, Cuba;</DELETED>
<DELETED> (2) expresses grave concern over national security
implications that may arise due to the release of Taliban
officials, including the national security threat to the people
and Armed Forces of the United States and complications of the
current efforts of the United States to combat terrorism
worldwide;</DELETED>
<DELETED> (3) expresses grave concern over the repercussions
of negotiating with terrorists, and the risk that such
negotiations with terrorists may further encourage hostilities
and the abduction of Americans as a means of further prisoner
exchanges;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) declares grave misgivings about the prospect
of any other similar transfers from United States Naval
Station, Guantanamo Bay, Cuba, even if undertaken pursuant to
statutory requirements; and</DELETED>
<DELETED> (6) expresses that the Obama administration's
release of the five detainees has burdened unnecessarily the
trust and confidence in the administration's commitment and
ability to constructively engage and work with the legislative
branch, and therefore works against what is in the best
interest of the people of the United States.</DELETED>
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.
Amend the title so as to read: ``Resolution condemning and
disapproving of the failure of the Obama administration to
comply with the lawful statutory requirement to notify Congress
before transferring individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, and expressing concern about the
national security risks over the transfer of five Taliban
leaders and the repercussions of negotiating with
terrorists.''.
House Calendar No. 133
113th CONGRESS
2d Session
H. RES. 644
[Report No. 113-569]
_______________________________________________________________________
RESOLUTION
Condemning and disapproving of the Obama administration's failure to
comply with the lawful statutory requirement to notify Congress before
releasing individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, and expressing national security concerns over
the release of five Taliban leaders and the repercussions of
negotiating with terrorists.
_______________________________________________________________________
July 31, 2014
Reported with amendments, referred to the House Calendar, and ordered
to be printed