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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4938 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4938

To establish a temporary limitation on the use of funds to transfer or 
release individuals detained at United States Naval Station, Guantanamo 
                               Bay, Cuba.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2014

 Mr. Gohmert (for himself, Mr. Flores, and Mr. Pompeo) introduced the 
 following bill; 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 Station, Guantanamo 
                               Bay, Cuba.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guantanamo Bay Detainee Transfer 
Suspension Act of 2014''.

SEC. 2. TEMPORARY LIMITATION ON USE OF FUNDS TO TRANSFER OR RELEASE 
              INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA.

    (a) In General.--Except as provided in subsection (b), 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 
origin, any other foreign country, or any other foreign entity until 
the earlier of--
            (1) the date that is 90 days after the date of submittal to 
        Congress of the report required by subsection (d); or
            (2) the date that is 180 days after the date of the 
        enactment of this Act.
    (b) Exception.--
            (1) In general.--Subsection (a) 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 
        jurisdiction.
            (2) Notice to congress.--The Secretary of Defense shall 
        promptly notify the appropriate committees of Congress of the 
        issuance of any order described in paragraph (1).
            (3) Delay in discharge.--An order described in paragraph 
        (1) may not be carried out until the date that is 5 days after 
        the date on which the appropriate committees of Congress are 
        notified of the order pursuant to paragraph (2).
    (c) Enforcement.--
            (1) In general.--An officer or employee of the United 
        States shall be liable in his or her individual capacity for a 
        civil penalty of $10,000 for each covered detainee at 
        Guantanamo transferred or released in violation of subsection 
        (a) pursuant to an action or order of the officer or employee 
        of the United States.
            (2) No representation by united states.--Notwithstanding 
        section 50.15 or 50.16 of title 28, Code of Federal 
        Regulations, or any other provision of law, the United States 
        Government may not provide representation to, or retain or 
        reimburse private counsel for the representation of, an officer 
        or employee in an action under paragraph (1).
            (3) Qui tam action.--
                    (A) In general.--A person may bring a civil action 
                for a violation of subsection (a) for the person and 
                for the United States Government, seeking a civil 
                penalty under paragraph (1). The action shall be 
                brought in the name of the Government. The action may 
                be dismissed only if the court and the Attorney General 
                give written consent to the dismissal and their reasons 
                for consenting.
                    (B) 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 4 of the Federal Rules of 
                Civil Procedure. The Government may elect to intervene 
                and proceed with the action within 30 days after it 
                receives both the complaint and the material evidence 
                and information.
                    (C) Determination by government.--Before the 
                expiration of the 30-day period under subparagraph (B), 
                the Government shall--
                            (i) proceed with the action, in which case 
                        the action shall be conducted by the 
                        Government; or
                            (ii) notify the court that it declines to 
                        take over the action, in which case the person 
                        bringing the action shall have the right to 
                        conduct the action.
                    (D) Individual conducting action.--If the 
                Government elects not to proceed with the action, and 
                upon request and at the Government's expense, the 
                Government shall be served with copies of all pleadings 
                filed in the action and shall be supplied with copies 
                of all deposition transcripts.
                    (E) Award to qui tam plaintiff.--A person bringing 
                an action under subparagraph (A) shall receive 50 
                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 incurred, plus 
                reasonable attorneys' fees and costs, to be paid by the 
                defendant.
                    (F) 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 (A) of the 
                dismissal of the civil action with the consent of the 
                Attorney General.
    (d) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Defense shall, in 
        coordination with the Secretary of State and the Director of 
        National Intelligence, submit to the appropriate committees of 
        Congress a report setting forth the following:
                    (A) A detailed description of the previous 
                assessments by Joint Task Force Guantanamo regarding 
                the risk that the 5 detainees transferred from United 
                States Naval Station, Guantanamo Bay, Cuba, to Qatar on 
                May 31, 2014, would reengage in terrorist activity 
                after transfer.
                    (B) A detailed description of any changes between 
                the assessments described in subparagraph (A) and the 
                assessments as of May 31, 2014, of the risk that the 
                detainees described in that subparagraph would reengage 
                in terrorist activity after transfer as described in 
                that subparagraph, including the reasons for such 
                changes.
                    (C) A detailed description of the prior instances, 
                if any, in which Qatar did not fully honor its 
                commitments to monitor, detain, or control the travel 
                of individuals formerly detained at United States Naval 
                Station, Guantanamo Bay, Cuba, by the Department of 
                Defense.
                    (D) A detailed assessment of the likelihood that 
                the 5 detainees described in subparagraph (A) will 
                return to Afghanistan or reengage in terrorism.
                    (E) A detailed assessment of whether the transfer 
                of the 5 detainees as described in subparagraph (A) 
                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 States.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (e) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on Appropriations, 
                the Select Committee on Intelligence, and the Committee 
                on the Judiciary of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Appropriations, 
                the Permanent Select Committee on Intelligence, and the 
                Committee on the Judiciary of the House of 
                Representatives.
            (2) The term ``covered detainee at Guantanamo'' means each 
        individual who--
                    (A) is not a United States citizen or a member of 
                the Armed Forces of the United States; and
                    (B) is or was held on January 20, 2009, at United 
                States Naval Station, Guantanamo Bay, Cuba, by the 
                Department of Defense.
            (3) The term ``officer or employee of the United States''--
                    (A) includes--
                            (i) the President;
                            (ii) the head and any officer or employee 
                        of any Executive agency or military department 
                        (as those terms are defined in chapter 1 of 
                        title 5, United States Code); and
                            (iii) any other officer or employee of the 
                        United States; and
                    (B) does not include--
                            (i) a member of the Armed Forces; or
                            (ii) an officer or employee of an element 
                        of the intelligence community (as defined in 
                        section 3 of the National Security Act of 1947 
                        (50 U.S.C. 3003)).

SEC. 3. PROHIBITION ON TRANSFER OR RELEASE OF DETAINEES AT UNITED 
              STATES NAVAL STATION GUANTANAMO BAY, CUBA, WITHOUT 
              EXPRESS WRITTEN AUTHORIZATION OF THE PRESIDENT.

    (a) Prohibition.--No detainee described in subsection (b) may be 
transferred or released from United States Naval Station Guantanamo 
Bay, Cuba, to a foreign country without the express written 
authorization of the President.
    (b) Covered Detainees.--A detainee described in this subsection is 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States;
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense; and
            (3) is held as of the date of the enactment of this Act at 
        United States Naval Station, Guantanamo Bay, Cuba, by the 
        Department of Defense.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to modify, limit, or 
supersede the requirements under section 1035 of the National Defense 
Authorization Act for Fiscal Year 2014 (10 U.S.C. 801 note) relating to 
the transfer or release of an individual detained at Guantanamo (as 
defined in subsection (e)(2) of such section).
                                 <all>
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