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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-377

======================================================================


 
 DIRECTING THE SECRETARY OF HOMELAND SECURITY TO TRANSMIT TO THE HOUSE 
OF REPRESENTATIVES ALL INFORMATION IN THE POSSESSION OF THE DEPARTMENT 
OF HOMELAND SECURITY RELATING TO THE DEPARTMENT'S PLANNING, INFORMATION 
    SHARING, AND COORDINATION WITH ANY STATE OR LOCALITY RECEIVING 
   DETAINEES HELD AT NAVAL STATION, GUANTANAMO BAY, CUBA ON OR AFTER 
                            JANUARY 20, 2009

                                _______
                                

 December 15, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 922]

  The Committee on Homeland Security, to whom was referred the 
resolution (H. Res. 922) directing the Secretary of Homeland 
Security to transmit to the House of Representatives all 
information in the possession of the Department of Homeland 
Security relating to the Department's planning, information 
sharing, and coordination with any state or locality receiving 
detainees held at Naval Station, Guantanamo Bay, Cuba on or 
after January 20, 2009, having considered the same, report 
favorably thereon with amendments and recommend that the 
resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5
  The amendments are as follows:
  Strike all after the resolving clause and insert the 
following:

That the House of Representatives directs the Secretary of Homeland 
Security to transmit to the House of Representatives, not later than 14 
days after the date of adoption of this resolution, copies of the 
notifications by the Department of Homeland Security to the Governor of 
any State to which a detainee will be transferred, and any official 
correspondence between the Governor of that State and the Department of 
Homeland Security, including all component agencies, regarding the 
Department's planning, information sharing, and coordination with any 
State or locality in the United States, including New York City, that 
has received or will receive detainees held at Naval Station, 
Guantanamo Bay, Cuba on or after January 20, 2009.

  Amend the title so as to read:

    Resolution directing the Secretary of Homeland Security to 
transmit to the House of Representatives certain information 
relating to the Department of Homeland Security's planning, 
information sharing, and coordination with any State or 
locality receiving detainees held at Naval Station, Guantanamo 
Bay, Cuba on or after January 20, 2009.

                          PURPOSE AND SUMMARY

    The purpose of H. Res. 922 is to provide for submission to 
the House of Representatives by the Secretary of Homeland 
Security certain information relating to the Department of 
Homeland Security's planning, information sharing, and 
coordination with any State or locality receiving detainees 
held at Naval Station, Guantanamo Bay, Cuba, on or after 
January 20, 2009.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 2001, President George W. Bush, pursuant to 
congressional authorization to use of ``all necessary and 
appropriate force'' against those responsible for the terrorist 
attacks of September 11, 2001, ordered that suspected Al Qaeda 
and Taliban members be detained at several locations, including 
the U.S. Naval Station at Guantanamo Bay, Cuba. Today, there 
are about 215 detainees being held at Guantanamo Bay. Some of 
the detainees, such as the Uighurs, a Turkic Muslim minority 
group from China, have not been transferred to their country of 
origin because of national security or human rights concerns 
and other countries have been unreceptive to accepting 
detainees.
    On January 27, 2009, President Barack Obama issued 
Executive Order 13492, Review and Disposition of Individuals 
Detained at the Guantanamo Bay Naval Base and Closure of 
Detention Facilities, which requires that the detention 
facility be ``promptly'' closed no later than January 22, 2010 
``in order to effect the appropriate disposition of'' 
Guantanamo Bay detainees. Executive Order 13492 also ordered an 
immediate review of each detainee's status and temporarily 
halted all proceedings before military commissions.President 
Obama also issued Executive Order 13493, Review of Detention Policy 
Options, that established the Special Task Force on Detainee 
Disposition, tasked with ``identif[ying] lawful options'' for the 
disposition of Guantanamo Bay detainees and others captured by the 
United States. The Secretary of Homeland Security is identified as a 
participant in the interagency review ordered in Executive Order 13492 
and a member of the Special Task Force on Detainee Disposition 
established under Executive Order 13493.
    Members of the Committee on Homeland Security have an 
interest in ensuring that there is proper notification to the 
Governors of States that will be recipients of detainees that 
are transferred from Guantanamo Bay. For this reason, Chairman 
Thompson offered, and a majority of Committee Members approved, 
an amendment in the nature of a substitute to amend H. Res. 922 
to require the Secretary of Homeland Security to transmit 
copies of all notifications within 14 days of adoption of the 
resolution.

                                HEARINGS

    The Committee held no hearings on H. Res. 922.

                        COMMITTEE CONSIDERATION

    The Committee on Homeland Security considered H. Res. 922 
on December 9, 2009, and ordered the resolution to be reported 
to the House, with a favorable recommendation by voice vote. 
The Committee adopted H. Res. 922, amended, by a recorded vote 
of 16 yeas and 14 nays (Roll Call Vote No. 18).
    The following amendment was offered:

          An Amendment in the Nature of a Substitute offered by 
        Mr. Thompson (#1); was AGREED TO by a recorded vote of 
        16 yeas and 14 nays (Roll Call Vote No. 17).

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee adopted H. Res. 922, as amended, by a 
recorded vote of 16 yeas and 14 nays (Roll Call Vote No. 18). 
The vote was as follows:
        YEAS                          NAYS
Mr. Thompson                        Mr. Carney
Ms. Norton                          Mr. King
Ms. Jackson-Lee                     Mr. Smith
Mr. Cuellar                         Mr. Souder
Ms. Clarke                          Mr. Lungren
Ms. Richardson                      Mr. Rogers
Mrs. Kirkpatrick                    Mr. McCaul
Mr. Lujan                           Mr. Dent
Mr. Owens                           Mr. Bilirakis
Mr. Pascrell                        Mr. Broun
Mr. Cleaver                         Mrs. Miller
Mr. Green                           Mr. Olson
Mr. Himes                           Mr. Cao
Ms. Kilroy                          Mr. Austria
Mr. Massa
Ms. Titus
    The following amendment was offered:

          An Amendment in the Nature of a Substitute offered by 
        Mr. Thompson (#1); was AGREED TO by a recorded vote of 
        16 yeas and 14 nays (Roll Call Vote No. 17). The vote 
        was as follows:
        YEAS                          NAYS
Mr. Thompson                        Mr. Carney
Ms. Norton                          Mr. King
Ms. Jackson-Lee                     Mr. Smith
Mr. Cuellar                         Mr. Souder
Ms. Clarke                          Mr. Lungren
Ms. Richardson                      Mr. Rogers
Mrs. Kirkpatrick                    Mr. McCaul
Mr. Lujan                           Mr. Dent
Mr. Owens                           Mr. Bilirakis
Mr. Pascrell                        Mr. Broun
Mr. Cleaver                         Mrs. Miller
Mr. Green                           Mr. Olson
Mr. Himes                           Mr. Cao
Ms. Kilroy                          Mr. Austria
Mr. Massa
Ms. Titus

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply, as H. Res. 922 does not provide 
new budgetary authority or increased tax expenditures.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives, and Section 402 of the Congressional Budget 
Act of 1974 do not apply, as H. Res. 922 is not a bill or joint 
resolution.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives does not apply, as H. Res. 922 does not 
authorize funding.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

     In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    H. Res. 922 provides no Federal mandates.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives does not apply, as H. Res. 922 is not a bill or 
joint resolution.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    This resolution directs the Secretary of Homeland Security, 
not later than 14 days after adoption of this resolution, to 
transmit copies of each notification that the Department of 
Homeland Security sent to each Governor of a State to which a 
detainee held at Naval Station, Guantanamo Bay, Cuba on or 
after January 20, 2009 will be transferred. The Secretary is 
also required to transmit any official correspondence between 
the Governor of a State to which a detainee will be transferred 
and the Department of Homeland Security. The official 
correspondence that must be transmitted includes correspondence 
between Department of Homeland Security component agencies, 
such as U.S. Immigration and Customs Enforcement, the U.S. 
Coast Guard, the Federal Emergency Management Agency, and the 
Transportation Security Administration, and States and 
localities, including New York City, that reflects the 
planning, information sharing, and coordination on the transfer 
of detainees held at the Naval Station, Guantanamo Bay, Cuba on 
or after January 20, 2009.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Res. 922 makes no changes to existing law.