,h4 ,,res4 #fdd  ,in the ,house of      
,representatives1 ,u4 ,s41  ,september  
#i1 #bjad  ,,resolution  ,whereas       
section #ajce of the ,national ,defense 
,authorization ,act for ,fiscal ,year   
#bjad 7,public ,law #aac-ff2 #aj        
,u4,s4,c4 #hja note7 requires the       
,secretary of ,defense to notify the    
appropriate committees of ,congress not 
later than #cj days before the transfer 
or release of any individual detained at
 ,united ,states ,naval ,station1       
,guantanamo ,bay1 ,cuba 7hereinafter    
referred to as ,,gtmo72 ,whereas on ,may
 #ca1 #bjad1 the ,department of ,defense
 transferred five ,taliban detainees    
held at ,,gtmo to the ,state of ,qatar2 
,whereas according to declassified      
,united ,states government documents1   
the five detainees were all senior      
,taliban leaders3 ,abdul ,haq ,wasiq was
 the ,taliban ,deputy ,minister of      
,intelligence1 ,mullah ,norullah ,noori 
was the ,taliban military commander at  
,mazar-e-,sharif1 ,mullah ,mohammad     

,fazl was the ,taliban ,deputy ,minister
 of ,defense1 ,khairullah ,said ,wai    
,khairkwa was the ,taliban ,minister of 
,interior1 and ,mohammad ,nabi ,omari   
was the ,taliban communications chief   
and border chief2 ,whereas these five   
senior ,taliban leaders have had        
associations with al-,qaeda or have     
engaged in hostilities against the      
,united ,states or its coalition        
partners2 ,whereas these five senior    
,taliban detainees held leadership      
positions within the ,taliban in        
,afghanistan when it provided safehaven 
for al-,qaeda to conduct planning1      
training1 and operations for the        
,september #aa1 #bjja1 attacks2 ,whereas
 in #bjaj1 after an extensive evaluation
 meant to identify detainees who could  
be transferred out of the detention     
facility at ,,gtmo1 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 detention2 ,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 ,states2     
,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 activities2 ,whereas          
,secretary of ,defense ,chuck ,hagel    
testified before the ,committee on      
,armed ,services of the ,house of       
,representatives that1 pursuant to an   
agreement with ,qatar1 the five former  
detainees transferred in ,may would not 
be allowed to leave ,qatar for one year1
 but after that date there would be no  
restrictions on the movement of the     
former detainees2 ,whereas              
notwithstanding the fact that ,qatar is 

an important regional ally1 after       
another ,,gtmo detainee was transferred 
to ,qatar in #bjjh1 ,qatar apparently   
had difficulty implementing the         
assurances ,qatar gave the ,united      
,states in connection with that         
detainee's transfer2 ,whereas senior    
officials in the ,obama administration  
negotiated1 through intermediaries in   
the government of ,qatar1 with the      
,taliban1 and with the ,haqqani         
,network1 which the ,department of      
,state has designated as a foreign      
terrorist organization1 and which held  
,sergeant ,bowe ,bergdahl captive2      
,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   
#bjad2 ,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 #ab1 #bjad1 regarding the
 security conditions for transfer of    
these five ,taliban detainees2 ,whereas 
in addition to an unknown number of     
officials of ,qatar1 senior ,obama      
administration officials acknowledge    
that approximately #hj or #ij           
individuals within the ,obama           
administration were knowledgeable of the
 planned transfer of the five ,taliban  
detainees prior to their transfer2      
,whereas ,congress was not notified of  
the transfer until ,june #b1 #bjad1     
three days after such individuals were  
transferred1 and #cc days after the date
 on which such notification was required
 by section #ajce of the ,national      
,defense ,authorization ,act for ,fiscal
 ,year #bjad 7,public ,law #aac-ff2 #aj 
,u4,s4,c4 #hja note7 and section #haaa  
of the ,department of ,defense          
,appropriations ,act1 #bjad 7,public    
,law #aac-gf72 ,whereas the ,secretary  
of ,defense1 in consultation with the   
,president and other senior ,obama      

administration officials1 did not comply
 with the #cj-;day notification         
requirement2 ,whereas article ,,ii1     
section #c of the ,constitution         
stipulates that the ,president shall    
take care that the laws be faithfully   
executed2 ,whereas on ,january #ae1     
#bjji1 the ,office of ,legal ,counsel in
 the ,department of ,justice            
acknowledged that1 under article ,i of  
the ,constitution1 ,congress possesses  
legislative authority concerning the    
detention and release of enemy          
combatants2 ,whereas the ,obama         
administration has complied with the law
 in all other detainee transfers from   
,,gtmo since the date of the enactment  
of prevailing law2 and ,whereas in      
#bjaa1 after leaders of the ,senate and 
,house of ,representatives expressed    
their bipartisan opposition to the      
prospective transfer of these ,taliban  
detainees from ,,gtmo1 senior ,obama    
administration officials assured these  
,senators and ,members of ,congress that

 there would be no exchange of ,taliban 
detainees for ,sergeant ,bergdahl1 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 law3 ,now1   
therefore1 be it  ,that the ,house of   
,representatives--  7#a7 condemns and   
disapproves of the failure of the ,obama
 administration to comply with the      
lawful #cj-;day statutory reporting     
requirement in executing the transfer of
 five senior members of the ,taliban    
from detention at ,united ,states ,naval
 ,station1 ,guantanamo ,bay1 ,cuba2     
7#b7 expresses grave concern about the  
national security risks associated with 
the transfer of five senior ,taliban    
leaders1 including the national security
 threat to the ,american people and the 
,armed ,forces of the ,united ,states2  
7#c7 expresses grave concern over the   

repercussions of negotiating with       
terrorists1 even when conducted through 
intermediaries1 and the risk that such  
negotiations with terrorists may further
 encourage hostilities and the abduction
 of ,americans2  7#d7 stipulates that   
further violations of the law set forth 
in section #ajce of the ,national       
,defense ,authorization ,act for ,fiscal
 ,year #bjad 7,public ,law #aac-ff2 #aj 
,u4,s4,c4 #hja note7 and section #haaa  
of the ,department of ,defense          
,appropriations ,act1 #bjad 7,public    
,law #aac-gf7 are unacceptable2  7#e7   
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     
,congress2 and  7#f7 expresses relief   
that ,sergeant ,bergdahl has returned   
safely to the ,united ,states4  ,clerk4