III 

113TH CONGRESS 

2D SESSION S. RES. 469 

Expressing the sense of the Senate on the May 31, 2014, transfer of five 

detainees from the detention facility at United States Naval Station, 

Guantanamo Bay, Cuba. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2014 

Mr. PORTMAN (for himself, Ms. AYOTTE, Mr. CHAMBLISS, Mr. COCHRAN, Mr. 

CORNYN, Mr. GRASSLEY, Mr. HATCH, Mr. HOEVEN, Mr. INHOFE, Mr. 

KIRK, Mr. PAUL, Mr. ROBERTS, Mr. SESSIONS, and Mr. THUNE) submitted the following resolution; which was referred to the Committee on 

Armed Services 

RESOLUTION 

Expressing the sense of the Senate on the May 31, 2014, 

transfer of five detainees from the detention facility at 

United States Naval Station, Guantanamo Bay, Cuba. 

Whereas in enacting the National Defense Authorization Act 

for Fiscal Year 2014 (Public Law 113–66), Congress 

provided the executive branch with clear guidance and requirements for transferring or releasing individuals from 

the detention facility at United States Naval Station, 

Guantanamo Bay, Cuba; 

Whereas the National Defense Authorization Act for Fiscal 

Year 2014 states the Secretary of Defense may transfer 

an individual detained at United States Naval Station, 


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•SRES 469 IS 

Guantanamo Bay, Cuba, if the Secretary determines, following a review conducted in accordance with the requirements of section 1023 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note) and 

Executive Order No. 13567, that the individual is no 

longer a threat to the United States, or the individual is 

ordered released by a United States court, or such an individual can be transferred if the Secretary determines 

that actions have been or are planned to be taken which 

will substantially mitigate the risk of the individual engaging or re-engaging in any terrorist activity or other 

hostile activity that threatens the United States or 

United States persons or interests and the transfer is in 

the national security interest of the United States; 

Whereas the National Defense Authorization Act for Fiscal 

Year 2014 states that the Secretary of Defense must notify the appropriate committees of Congress of such a determination not later than 30 days before the transfer or 

release of the individual concerned from United States 

Naval Station, Guantanamo Bay, Cuba; 

Whereas the National Defense Authorization Act for Fiscal 

Year 2014 states that such a notification must include a 

detailed statement of the basis for the transfer or release, 

an explanation of why the transfer or release is in the national security interests of the United States, a description of any actions taken to mitigate the risks of reengagement by the individual to be transferred or released, a copy of any Periodic Review Board findings relating to the individual, and a description of the evaluation conducted pursuant to factors that must be considered prior to such a transfer or release; 


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•SRES 469 IS 

Whereas the Consolidated Appropriations Act, 2014 (Public 

Law 113–76) states that none of the funds appropriated 

or otherwise made available in that Act may be used to 

transfer covered individuals detained at United States 

Naval Station Guantanamo Bay, Cuba, except in accordance with the National Defense Authorization Act for 

Fiscal Year 2014; 

Whereas on May 31, 2014, detainees Khairullah Khairkhwa, 

Abdul Haq Wasiq, Mohammed Fazl, Noorullah Noori, 

and Mohammed Nabi Omari were transferred from 

United States Naval Station, Guantanamo Bay, Cuba, to 

Qatar; and 

Whereas the appropriate committees of Congress were not 

notified of the transfers as required by the National Defense Authorization Act for Fiscal Year 2014 prior to the 

transfers: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) the transfers of detainees Khairullah 

3 Khairkhwa, Abdul Haq Wasiq, Mohammed Fazl, 

4 Noorullah Noori, and Mohammed Nabi Omari from 

5 United States Naval Station, Guantanamo Bay, 

6 Cuba, to Qatar on May 31, 2014, violated the Na7 tional Defense Authorization Act for Fiscal Year 

8 2014 (Public Law 113–66) and the Consolidated 

9 Appropriations Act, 2014 (Public Law 113–76); and 

10 (2) Congress should— 

11 (A) investigate the actions taken by Presi12 dent Obama and his administration that led to 


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•SRES 469 IS 

1 the unlawful transfer of such detainees, includ2 ing an evaluation of other options considered to 

3 reach the desired common defense policy out4 come of the President; and 

5 (B) determine the impact of the transfer of 

6 such detainees on the common defense of the 

7 United States and measures that should be 

8 taken to mitigate any negative consequences. 

Æ 


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