,,iv ,house ,calendar ,no4 #acc #aacth ,,congress #b;d ,session ,h4 ,,res4 #fdd ,report ,no4 #aac-efi ,,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 ,july #ca1 #bjad ,additional sponsors3 ,mr4 ,austin ,scott of ,georgia1 ,mr4 ,stutzman1 ,mr4 ,harris1 ,mr4 ,gerlach1 ,mr4 ,wittman1 ,mr4 ,hurt1 ,mr4 ,stewart1 ,mr4 ,rice of ,south ,carolina1 ,mr4 ,des,jarlais1 ,mr4 ,thornberry1 ,mr4 ,lance1 ,mr4 ,smith of ,texas1 ,mr4 ,hunter1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,goodlatte1 ,mr4 ,pearce1 ,mr4 ,mc,keon1 ,mr4 ,griffin of ,arkansas1 ,mrs4 ,walorski1 ,mr4 ,chabot1 ,mr4 ,lankford1 ,mr4 ,cook1 ,mr4 ,weber of ,texas1 ,mr4 ,collins of ,new ,york1 ,mr4 ,salmon1 ,mr4 ,yoho1 ,mr4 ,southerland1 ,mr4 ,cotton1 ,mr4 ,wolf1 ,mr4 ,forbes1 ,mr4 ,perry1 ,mr4 ,stivers1 ,mr4 ,rokita1 ,mr4 ,smith of ,nebraska1 ,mr4 ,long1 ,mr4 ,byrne1 ,mr4 ,messer1 ,mr4 ,price of ,georgia1 ,mr4 ,roe of ,tennessee1 ,mr4 ,sensenbrenner1 ,mr4 ,kingston1 ,mr4 ,woodall1 ,mr4 ,conaway1 ,mr4 ,palazzo1 ,mr4 ,buchanan1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,fitzpatrick1 ,mr4 ,denham1 ,mr4 ,brooks of ,alabama1 ,mr4 ,turner1 ,mr4 ,gohmert1 ,mr4 ,cole1 ,mr4 ,schock1 ,mr4 ,gosar1 ,mr4 ,griffith of ,virginia1 ,mr4 ,nugent1 ,mrs4 ,blackburn1 ,mr4 ,shuster1 ,mr4 ,marino1 ,mrs4 ,bachmann1 ,mrs4 ,hartzler1 ,mr4 ,carter1 ,mrs4 ,noem1 ,mr4 ,womack1 ,mr4 ,mulvaney1 ,mr4 ,hultgren1 ,mrs4 ,ellmers1 ,mr4 ,la,malfa1 ,mr4 ,mc,kinley1 ,mr4 ,miller of ,florida1 ,mr4 ,fleming1 ,mrs4 ,black1 ,mr4 ,pompeo1 ,mr4 ,kline1 ,mr4 ,de,santis1 ,mr4 ,jones1 ,mr4 ,crawford1 ,mr4 ,hensarling1 ,mr4 ,coble1 ,mr4 ,calvert1 ,mr4 ,nunnelee1 ,mr4 ,wenstrup1 ,mr4 ,bentivolio1 ,mr4 ,barletta1 ,mr4 ,lo,biondo1 ,mr4 ,latta1 ,mr4 ,aderholt1 ,mrs4 ,wagner1 ,mr4 ,campbell1 ,mr4 ,sam ,johnson of ,texas1 and ,mr4 ,cramer ,july #ca1 #bjad ,reported with amendments1 referred to the ,house ,calendar1 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 ,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 ,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 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 ,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 ,amend the title so as to read3 ,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 ,station1 ,guantanamo ,bay1 ,cuba1 and expressing concern about the national security risks over the transfer of five ,taliban leaders and the repercussions of negotiating with terrorists44 ,july #ca1 #bjad ,reported with amendments1 referred to the ,house ,calendar1 and ordered to be printed