,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dich ,,in ,,the ,,house ,,of ,,representatives ,june #bc1 #bjad ,mr4 ,gohmert 7for himself1 ,mr4 ,flores1 and ,mr4 ,pompeo7 introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to establish a temporary limitation on the use of funds to transfer or release individuals detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba4 #a4 ,short title ,this ,act may be cited as the ,guantanamo ,bay ,detainee ,transfer ,suspension ,act of #bjad4 #b4 ,temporary limitation on use of funds to transfer or release individuals detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba 7a7 ,in general ,except as provided in subsection 7b71 no funds may be obligated or expended to transfer or release any covered detainee at ,guantanamo to the custody or control of such individual's country of origin1 any other foreign country1 or any other foreign entity until the earlier of-- 7#a7 the date that is #ij days after the date of submittal to ,congress of the report required by subsection 7d72 or 7#b7 the date that is #ahj days after the date of the enactment of this ,act4 7b7 ,exception 7#a7 ,in general ,subsection 7a7 shall not apply to the obligation or expenditure of funds to transfer any covered detainee at ,guantanamo to effectuate an order affecting the disposition of such individual that is issued by a court or competent tribunal of the ,united ,states having lawful jurisdiction4 7#b7 ,notice to ,congress ,the ,secretary of ,defense shall promptly notify the appropriate committees of ,congress of the issuance of any order described in paragraph 7#a74 7#c7 ,delay in discharge ,an order described in paragraph 7#a7 may not be carried out until the date that is #e days after the date on which the appropriate committees of ,congress are notified of the order pursuant to paragraph 7#b74 7c7 ,enforcement 7#a7 ,in general ,an officer or employee of the ,united ,states shall be liable in his or her individual capacity for a civil penalty of #aj1jjj for each covered detainee at ,guantanamo transferred or released in violation of subsection 7a7 pursuant to an action or order of the officer or employee of the ,united ,states4 7#b7 ,no representation by ,united ,states ,notwithstanding section #ej4ae or #ej4af of title #bh1 ,code of ,federal ,regulations1 or any other provision of law1 the ,united ,states ,government may not provide representation to1 or retain or reimburse private counsel for the representation of1 an officer or employee in an action under paragraph 7#a74 7#c7 ,qui tam action 7,a7 ,in general ,a person may bring a civil action for a violation of subsection 7a7 for the person and for the ,united ,states ,government1 seeking a civil penalty under paragraph 7#a74 ,the action shall be brought in the name of the ,government4 ,the action may be dismissed only if the court and the ,attorney ,general give written consent to the dismissal and their reasons for consenting4 7,b7 ,complaint ,a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the ,government pursuant to rule #d of the ,federal ,rules of ,civil ,procedure4 ,the ,government may elect to intervene and proceed with the action within #cj days after it receives both the complaint and the material evidence and information4 7,c7 ,determination by ,government ,before the expiration of the #cj-;day period under subparagraph 7,b71 the ,government shall-- 7i7 proceed with the action1 in which case the action shall be conducted by the ,government2 or 7ii7 notify the court that it declines to take over the action1 in which case the person bringing the action shall have the right to conduct the action4 7,d7 ,individual conducting action ,if the ,government elects not to proceed with the action1 and upon request and at the ,government's expense1 the ,government shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts4 7,e7 ,award to qui tam plaintiff ,a person bringing an action under subparagraph 7,a7 shall receive #ej percent of the amount of the civil penalty imposed on the officer or employee of the ,united ,states and the court shall award the person reasonable expenses which the court finds to have been necessarily incurred1 plus reasonable attorneys' fees and costs1 to be paid by the defendant4 7,f7 ,expedited appeal of dismissal ,it shall be the duty of the courts of the ,united ,states to advance on the docket and to expedite to the greatest possible extent the disposition of any appeal by a person bringing a civil action under subparagraph 7,a7 of the dismissal of the civil action with the consent of the ,attorney ,general4 7d7 ,report 7#a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall1 in coordination with the ,secretary of ,state and the ,director of ,national ,intelligence1 submit to the appropriate committees of ,congress a report setting forth the following3 7,a7 ,a detailed description of the previous assessments by ,joint ,task ,force ,guantanamo regarding the risk that the #e detainees transferred from ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 to ,qatar on ,may #ca1 #bjad1 would reengage in terrorist activity after transfer4 7,b7 ,a detailed description of any changes between the assessments described in subparagraph 7,a7 and the assessments as of ,may #ca1 #bjad1 of the risk that the detainees described in that subparagraph would reengage in terrorist activity after transfer as described in that subparagraph1 including the reasons for such changes4 7,c7 ,a detailed description of the prior instances1 if any1 in which ,qatar did not fully honor its commitments to monitor1 detain1 or control the travel of individuals formerly detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 by the ,department of ,defense4 7,d7 ,a detailed assessment of the likelihood that the #e detainees described in subparagraph 7,a7 will return to ,afghanistan or reengage in terrorism4 7,e7 ,a detailed assessment of whether the transfer of the #e detainees as described in subparagraph 7,a7 will increase the likelihood that the ,taliban and terrorist groups around the world will try to capture ,united ,states individuals or personnel in order to obtain concessions from the ,united ,states4 7#b7 ,form ,the report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7e7 ,definitions ,in this section3 7#a7 ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 the ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,the term covered detainee at ,guantanamo means each individual who-- 7,a7 is not a ,united ,states citizen or a member of the ,armed ,forces of the ,united ,states2 and 7,b7 is or was held on ,january #bj1 #bjji1 at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 by the ,department of ,defense4 7#c7 ,the term officer or employee of the ,united ,states-- 7,a7 includes-- 7i7 the ,president2 7ii7 the head and any officer or employee of any ,executive agency or military department 7as those terms are defined in chapter #a of title #e1 ,united ,states ,code72 and 7iii7 any other officer or employee of the ,united ,states2 and 7,b7 does not include-- 7i7 a member of the ,armed ,forces2 or 7ii7 an officer or employee of an element of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc774 #c4 ,prohibition on transfer or release of detainees at ,united ,states ,naval ,station ,guantanamo ,bay1 ,cuba1 without express written authorization of the ,president 7a7 ,prohibition ,no detainee described in subsection 7b7 may be transferred or released from ,united ,states ,naval ,station ,guantanamo ,bay1 ,cuba1 to a foreign country without the express written authorization of the ,president4 7b7 ,covered detainees ,a detainee described in this subsection is ,khalid ,sheikh ,mohammed or any other detainee who-- 7#a7 is not a ,united ,states citizen or a member of the ,armed ,forces of the ,united ,states2 7#b7 is or was held on or after ,january #bj1 #bjji1 at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 by the ,department of ,defense2 and 7#c7 is held as of the date of the enactment of this ,act at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 by the ,department of ,defense4 #d4 ,rule of construction ,nothing in this ,act shall be construed to modify1 limit1 or supersede the requirements under section #ajce of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjad 7#aj ,u4,s4,c4 #hja note7 relating to the transfer or release of an individual detained at ,guantanamo 7as defined in subsection 7e77#b7 of such section74