IV 
House Calendar No. 133 
113TH CONGRESS 
2D SESSION 
H. RES. 644 
[Report No. 113–569] 
Condemning and disapproving of the Obama administration’s failure to com-
ply with the lawful statutory requirement to notify Congress before 
releasing individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, and expressing national security concerns over the 
release of five Taliban leaders and the repercussions of negotiating with 
terrorists. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2014 
Mr. RIGELL (for himself, Mr. RIBBLE, Mr. BARROW of Georgia, and Mr. 
RAHALL) submitted the following resolution; which was referred to the 
Committee on Armed Services 
JULY 31, 2014 
Additional sponsors: Mr. AUSTIN SCOTT of Georgia, Mr. STUTZMAN, Mr. 
HARRIS, Mr. GERLACH, Mr. WITTMAN, Mr. HURT, Mr. STEWART, Mr. 
RICE of South Carolina, Mr. DESJARLAIS, Mr. THORNBERRY, Mr. 
LANCE, Mr. SMITH of Texas, Mr. HUNTER, Mr. WILSON of South Caro-
lina, Mr. GOODLATTE, Mr. PEARCE, Mr. MCKEON, Mr. GRIFFIN of Ar-
kansas, Mrs. WALORSKI, Mr. CHABOT, Mr. LANKFORD, Mr. COOK, Mr. 
WEBER of Texas, Mr. COLLINS of New York, Mr. SALMON, Mr. YOHO, 
Mr. SOUTHERLAND, Mr. COTTON, Mr. WOLF, Mr. FORBES, Mr. PERRY, 
Mr. STIVERS, Mr. ROKITA, Mr. SMITH of Nebraska, Mr. LONG, Mr. 
BYRNE, Mr. MESSER, Mr. PRICE of Georgia, Mr. ROE of Tennessee, Mr. 
SENSENBRENNER, Mr. KINGSTON, Mr. WOODALL, Mr. CONAWAY, Mr. 
PALAZZO, Mr. BUCHANAN, Mr. RODNEY
DAVIS
of Illinois, Mr. 
FITZPATRICK, Mr. DENHAM, Mr. BROOKS of Alabama, Mr. TURNER, Mr. 
GOHMERT, Mr. COLE, Mr. SCHOCK, Mr. GOSAR, Mr. GRIFFITH of Vir-
ginia, Mr. NUGENT, Mrs. BLACKBURN, Mr. SHUSTER, Mr. MARINO, Mrs. 
BACHMANN, Mrs. HARTZLER, Mr. CARTER, Mrs. NOEM, Mr. WOMACK, 
Mr. MULVANEY, Mr. HULTGREN, Mrs. ELLMERS, Mr. LAMALFA, Mr. 
MCKINLEY, Mr. MILLER of Florida, Mr. FLEMING, Mrs. BLACK, Mr. 
POMPEO, Mr. KLINE, Mr. DESANTIS, Mr. JONES, Mr. CRAWFORD, Mr. 
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•HRES 644 RH 
HENSARLING, Mr. COBLE, Mr. CALVERT, Mr. NUNNELEE, Mr. 
WENSTRUP, Mr. BENTIVOLIO, Mr. BARLETTA, Mr. LOBIONDO, Mr. 
LATTA, Mr. ADERHOLT, Mrs. WAGNER, Mr. CAMPBELL, Mr. SAM JOHN-
SON of Texas, and Mr. CRAMER 
JULY 31, 2014 
Reported with amendments, referred to the House Calendar, 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 Station, Guantanamo Bay, Cuba, 
and expressing national security concerns over the release 
of five Taliban leaders and the repercussions of negoti-
ating with terrorists. 
Whereas section 1035 of the National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 
801 note) clearly requires the Secretary of Defense to no-
tify the appropriate committees of Congress at least 30 
days before the transfer or release of an individual de-
tained at United States Naval Station, Guantanamo Bay, 
Cuba; 
Whereas, on May 31, 2014, the Department of Defense exe-
cuted the release of five senior Taliban detainees held at 
United States Naval Station, Guantanamo Bay, Cuba; 
Whereas the five released Taliban detainees are all senior 
Taliban leaders: Abdul Haq Wasiq was the Taliban Dep-
uty Minister of Intelligence, Mullah Norullah Noori was 
the
Taliban
military
commander
at
Mazar-e-Sharif, 
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Mullah Mohammad Fazl was the Taliban Deputy Min-
ister of Defense, Khairullah Said Wai Khairkwa was the 
Taliban Minister of Interior, and Mohammad Nabi Omari 
was the Taliban commander of secret police; 
Whereas these five senior Taliban leaders have associations 
with al-Qaeda or have engaged in hostilities against the 
United States or its coalition partners; 
Whereas these five senior Taliban detainees held leadership 
positions within the Taliban when it provided safehaven 
for al-Qaeda to conduct planning, training, and oper-
ations for the September 11, 2001, attacks; 
Whereas the President has stated that there is ‘‘absolutely’’ 
a possibility of the released detainees returning to activi-
ties that are detrimental to the United States, and, ac-
cording to media reports, United states intelligence offi-
cials told members of the Senate that four of the five de-
tainees are expected to return to the battlefield; 
Whereas Secretary Hagel stated before the Committee on 
Armed Services of the House of Representatives on June 
11, 2014, that the threat, ‘‘should these five detainees re-
turn and reintegrate with the Taliban, their focus would 
almost certainly be on Taliban efforts inside Afghani-
stan,’’ where the United States and coalition partners 
will retain military and civilian personnel; 
Whereas in 2010, after an extensive evaluation meant to 
identify detainees who could be transferred out of the de-
tention facility at United States Naval Station, Guanta-
namo Bay, Cuba, the Obama administration determined 
that these five should remain in United States detention 
because they were ‘‘too dangerous to transfer’’ because 
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each ‘‘poses a high level of threat that cannot be miti-
gated sufficiently except through continued detention’’; 
Whereas the Obama administration negotiated, through inter-
mediaries in the Government of Qatar, with the Taliban, 
with whom the United States remains engaged in active 
combat, and with the Haqqani Network, which the State 
Department has designated as foreign terrorist organiza-
tion, and who had held Sergeant Bowe Bergdahl captive; 
Whereas congressional notification was not received until 
June 2, 2014, three days after such individuals were re-
leased, and 33 days after the date on which such notifica-
tion was required by law; 
Whereas the Obama administration admits that it made no 
effort to comply with the 30-day notification requirement; 
Whereas Obama administration officials acknowledge that ap-
proximately 80 or 90 employees within the administration 
were knowledgeable of the transfer of the five Taliban de-
tainees prior to their release; 
Whereas the Obama administration has offered differing, un-
convincing, and conflicting explanations of why it failed 
to comply with the 30-day notification requirement and 
has described the failure to notify Congress as an ‘‘over-
sight’’; 
Whereas article II, section 3 of the Constitution states that 
the President ‘‘shall take care that the laws be faithfully 
executed’’; 
Whereas, on January 15, 2009, the Office of Legal Counsel 
in the Department of Justice acknowledged that Con-
gress possesses under article I of the Constitution ‘‘sig-
nificant war powers’’, including legislative authority con-
cerning the detention and release of enemy combatants; 
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Whereas the Obama administration has complied with section 
1035 of the National Defense Authorization Act for Fis-
cal Year 2014 (Public Law 113–66; 10 U.S.C. 801 note) 
and section 8111 of the Department of Defense Appro-
priations Act, 2014 (Public Law 113–76) in all previous 
detainee transfers from United States Naval Station, 
Guantanamo Bay, Cuba, since the date of the enactment 
of each such Act; and 
Whereas the leadership and the leaders of the national secu-
rity committees of the Senate and House of Representa-
tives are on record, specifically in 2011, as opposing the 
transfer of detainees in exchange for a prisoner of war: 
Now, therefore, be it 
Whereas section 1035 of the National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 
801 note) requires the Secretary of Defense to notify the 
appropriate committees of Congress not later than 30 days 
before the transfer or release of any individual detained at 
United States Naval Station, Guantanamo Bay, Cuba 
(hereinafter referred to as ‘‘GTMO’’); 
Whereas on May 31, 2014, the Department of Defense trans-
ferred five Taliban detainees held at GTMO to the State 
of Qatar; 
Whereas according to declassified United States government 
documents, the five detainees were all senior Taliban lead-
ers: Abdul Haq Wasiq was the Taliban Deputy Minister 
of Intelligence, Mullah Norullah Noori was the Taliban 
military commander at Mazar-e-Sharif, Mullah Moham-
mad Fazl was the Taliban Deputy Minister of Defense, 
Khairullah Said Wai Khairkwa was the Taliban Minister 
of Interior, and Mohammad Nabi Omari was the Taliban 
communications chief and border chief; 
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Whereas these five senior Taliban leaders have had associations 
with al-Qaeda or have engaged in hostilities against the 
United States or its coalition partners; 
Whereas these five senior Taliban detainees held leadership po-
sitions within the Taliban in Afghanistan when it pro-
vided safehaven for al-Qaeda to conduct planning, train-
ing, and operations for the September 11, 2001, attacks; 
Whereas in 2010, after an extensive evaluation meant to iden-
tify detainees who could be transferred out of the detention 
facility at GTMO, 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 suffi-
ciently except through continued detention’’; 
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 States; 
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 activities’’; 
Whereas Secretary of Defense Chuck Hagel testified before the 
Committee on Armed Services of the House of Representa-
tives that, pursuant to an agreement with Qatar, the five 
former detainees transferred in May would not be allowed 
to leave Qatar for one year, but after that date there would 
be no restrictions on the movement of the former detainees; 
Whereas notwithstanding the fact that Qatar is an important 
regional ally, after another GTMO detainee was trans-
ferred to Qatar in 2008, Qatar apparently had difficulty 
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implementing the assurances Qatar gave the United States 
in connection with that detainee’s transfer; 
Whereas senior officials in the Obama administration nego-
tiated, through intermediaries in the government of Qatar, 
with the Taliban, and with the Haqqani Network, which 
the Department of State has designated as a foreign ter-
rorist organization, and which held Sergeant Bowe 
Bergdahl captive; 
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 2014; 
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 12, 2014, regarding 
the security conditions for transfer of these five Taliban de-
tainees; 
Whereas in addition to an unknown number of officials of 
Qatar, senior Obama administration officials acknowledge 
that approximately 80 or 90 individuals within the 
Obama administration were knowledgeable of the planned 
transfer of the five Taliban detainees prior to their trans-
fer; 
Whereas Congress was not notified of the transfer until June 
2, 2014, three days after such individuals were transferred, 
and 33 days after the date on which such notification was 
required by section 1035 of the National Defense Author-
ization Act for Fiscal Year 2014 (Public Law 113–66; 10 
U.S.C. 801 note) and section 8111 of the Department of 
Defense Appropriations Act, 2014 (Public Law 113–76); 
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Whereas the Secretary of Defense, in consultation with the 
President and other senior Obama administration offi-
cials, did not comply with the 30-day notification require-
ment; 
Whereas article II, section 3 of the Constitution stipulates that 
the President ‘‘shall take care that the laws be faithfully 
executed’’; 
Whereas on January 15, 2009, the Office of Legal Counsel in 
the Department of Justice acknowledged that, under article 
I of the Constitution, Congress possesses legislative author-
ity concerning the detention and release of enemy combat-
ants; 
Whereas the Obama administration has complied with the law 
in all other detainee transfers from GTMO since the date 
of the enactment of prevailing law; and 
Whereas in 2011, after leaders of the Senate and House of Rep-
resentatives expressed their bipartisan opposition to the 
prospective transfer of these Taliban detainees from 
GTMO, senior Obama administration officials assured 
these Senators and Members of Congress that there would 
be no exchange of Taliban detainees for Sergeant Bergdahl, 
and that any transfer of Taliban detainees that might oth-
erwise 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 law: Now, therefore, be it 
Resolved, That the House of Representatives— 
(1) condemns and disapproves of the failure of 
the Obama administration to comply with the lawful 
30-day statutory reporting requirement in executing 
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the release of five senior members of the Taliban 
from detention at United States Naval Station, 
Guantanamo Bay, Cuba; 
(2) expresses grave concern over national secu-
rity implications that may arise due to the release of 
Taliban officials, 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 worldwide; 
(3) expresses grave concern over the repercus-
sions of negotiating with terrorists, and the risk that 
such negotiations with terrorists may further en-
courage hostilities and the abduction of Americans 
as a means of further prisoner exchanges; 
(4) stipulates that further violations of the law 
set forth in section 1035 of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 
113–66; 10 U.S.C. 801 note) and section 8111 of 
the Department of Defense Appropriations Act, 
2014 (Public Law 113–76) are unacceptable; 
(5) declares grave misgivings about the prospect 
of any other similar transfers from United States 
Naval Station, Guantanamo Bay, Cuba, even if un-
dertaken pursuant to statutory requirements; and 
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(6) expresses that the Obama administration’s 
release of the five detainees has burdened unneces-
sarily the trust and confidence in the administra-
tion’s commitment and ability to constructively en-
gage and work with the legislative branch, and 
therefore works against what is in the best interest 
of the people of the United States. 
That the House of Representatives— 
(1) condemns and disapproves of the failure of 
the Obama administration to comply with the lawful 
30-day statutory reporting requirement in executing 
the transfer of five senior members of the Taliban 
from detention at United States Naval Station, 
Guantanamo Bay, Cuba; 
(2) expresses grave concern about the national se-
curity risks associated with the transfer of five senior 
Taliban leaders, including the national security 
threat to the American people and the Armed Forces 
of the United States; 
(3) expresses grave concern over the repercussions 
of negotiating with terrorists, even when conducted 
through intermediaries, and the risk that such nego-
tiations with terrorists may further encourage hos-
tilities and the abduction of Americans; 
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