,,iv #aacth ,,congress #b;d ,session ,h4 ,,res4 #fdd ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjad ,mr4 ,rigell 7for himself1 ,mr4 ,ribble1 ,mr4 ,barrow of ,georgia1 and ,mr4 ,rahall7 submitted the following resolution2 which was referred to the ,committee on ,armed ,services ,,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 ,station1 ,guantanamo ,bay1 ,cuba1 and expressing national security concerns over the release of five ,taliban leaders and the repercussions of negotiating with terrorists4 ,whereas section #ajce of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjad 7,public ,law #aac-ff2 #aj ,u4,s4,c4 #hja note7 clearly requires the ,secretary of ,defense to notify the appropriate committees of ,congress at least #cj days before the transfer or release of an individual detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba2 ,whereas1 on ,may #ca1 #bjad1 the ,department of ,defense executed the release of five senior ,taliban detainees held at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba2 ,whereas the five released ,taliban detainees are 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 commander of secret police2 ,whereas these five senior ,taliban leaders have 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 when it provided safehaven for al-,qaeda to conduct planning1 training1 and operations for the ,september #aa1 #bjja1 attacks2 ,whereas the ,president has stated that there is absolutely a possibility of the released detainees returning to activities that are detrimental to the ,united ,states1 and1 according to media reports1 ,united states intelligence officials told members of the ,senate that four of the five detainees are expected to return to the battlefield2 ,whereas ,secretary ,hagel stated before the ,committee on ,armed ,services of the ,house of ,representatives on ,june #aa1 #bjad1 that the threat1 should these five detainees return and reintegrate with the ,taliban1 their focus would almost certainly be on ,taliban efforts inside ,afghanistan1 where the ,united ,states and coalition partners will retain military and civilian personnel2 ,whereas in #bjaj1 after an extensive evaluation meant to identify detainees who could be transferred out of the detention facility at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 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 ,obama administration negotiated1 through intermediaries in the ,government of ,qatar1 with the ,taliban1 with whom the ,united ,states remains engaged in active combat1 and with the ,haqqani ,network1 which the ,state ,department has designated as foreign terrorist organization1 and who had held ,sergeant ,bowe ,bergdahl captive2 ,whereas congressional notification was not received until ,june #b1 #bjad1 three days after such individuals were released1 and #cc days after the date on which such notification was required by law2 ,whereas the ,obama administration admits that it made no effort to comply with the #cj-;day notification requirement2 ,whereas ,obama administration officials acknowledge that approximately #hj or #ij employees within the administration were knowledgeable of the transfer of the five ,taliban detainees prior to their release2 ,whereas the ,obama administration has offered differing1 unconvincing1 and conflicting explanations of why it failed to comply with the #cj-;day notification requirement and has described the failure to notify ,congress as an oversight2 ,whereas article ,,ii1 section #c of the ,constitution states that the ,president shall take care that the laws be faithfully executed2 ,whereas1 on ,january #ae1 #bjji1 the ,office of ,legal ,counsel in the ,department of ,justice acknowledged that ,congress possesses under article ,i of the ,constitution significant war powers1 including legislative authority concerning the detention and release of enemy combatants2 ,whereas the ,obama administration has complied with 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 in all previous detainee transfers from ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 since the date of the enactment of each such ,act2 and ,whereas the leadership and the leaders of the national security committees of the ,senate and ,house of ,representatives are on record1 specifically in #bjaa1 as opposing the transfer of detainees in exchange for a prisoner of war3 ,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 release of five senior members of the ,taliban from detention at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba2 7#b7 expresses grave concern over national security implications that may arise due to the release of ,taliban officials1 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 worldwide2 7#c7 expresses grave concern over the repercussions of negotiating with terrorists1 and the risk that such negotiations with terrorists may further encourage hostilities and the abduction of ,americans as a means of further prisoner exchanges2 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 declares grave misgivings about the prospect of any other similar transfers from ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 even if undertaken pursuant to statutory requirements2 and 7#f7 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 branch1 and therefore works against what is in the best interest of the people of the ,united ,states4