H. Res. 644 
In the House of Representatives, U. S., 
September 9, 2014. 
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 de-
tained 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 
leaders: Abdul Haq Wasiq was the Taliban Deputy Min-
ister of Intelligence, Mullah Norullah Noori was the 
Taliban military commander at Mazar-e-Sharif, Mullah 
Mohammad Fazl was the Taliban Deputy Minister of De-
fense, Khairullah Said Wai Khairkwa was the Taliban 
Minister of Interior, and Mohammad Nabi Omari was the 
Taliban communications chief and border chief; 
Whereas these five senior Taliban leaders have had associa-
tions with al-Qaeda or have engaged in hostilities against 
the United States or its coalition partners;
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Whereas these five senior Taliban detainees held leadership 
positions 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 
identify detainees who could be transferred out of the de-
tention facility at GTMO, the Obama administration de-
termined 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 deten-
tion’’; 
Whereas the President has stated that there is ‘‘absolutely’’ 
the ‘‘possibility of some’’ of these former Taliban detain-
ees ‘‘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 plot-
ting against the United States and are ‘‘involved in ter-
rorist or insurgent activities’’; 
Whereas Secretary of Defense Chuck Hagel testified before 
the Committee on Armed Services of the House of Rep-
resentatives 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
•HRES 644 EH 
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 for-
eign terrorist organization, and which held Sergeant 
Bowe Bergdahl captive; 
Whereas Secretary Hagel testified to the Committee on 
Armed Services of the House of Representatives that ne-
gotiations 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 Attor-
ney General of the State of Qatar on May 12, 2014, re-
garding the security conditions for transfer of these five 
Taliban detainees; 
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 trans-
ferred, and 33 days after the date on which such notifica-
tion was required by section 1035 of the National De-
fense Authorization Act for Fiscal Year 2014 (Public 
Law 113–66; 10 U.S.C. 801 note) and section 8111 of
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the Department of Defense Appropriations Act, 2014 
(Public Law 113–76); 
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 faith-
fully 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 legisla-
tive authority concerning the detention and release of 
enemy combatants; 
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 
Representatives 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 otherwise occur would be part of a reconciliation 
effort with the Taliban and the Government of Afghani-
stan and that such a transfer would only take place in 
consultation with Congress pursuant to law: Now, there-
fore, be it 
Resolved, 
That the House of Representatives—
•HRES 644 EH 
(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 secu-
rity 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 negotia-
tions with terrorists may further encourage hostilities 
and the abduction of Americans; 
(4) stipulates that further violations of the law set 
forth in section 1035 of the National Defense Authoriza-
tion 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) expresses that these actions have burdened un-
necessarily the trust and confidence in the commitment 
and ability of the Obama administration to construc-
tively engage and work with Congress; and
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(6) expresses relief that Sergeant Bergdahl has re-
turned safely to the United States. 
Attest: 
Clerk.