I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guantanamo Bay De-
tainee Transfer Suspension Act of 2014’’. 
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SEC. 2. TEMPORARY LIMITATION ON USE OF FUNDS TO 
TRANSFER OR RELEASE INDIVIDUALS DE-
TAINED 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 cus-
tody 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 sub-
section (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 ef-
fectuate an order affecting the disposition of such 
individual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdic-
tion. 
(2) NOTICE TO CONGRESS.—The Secretary of 
Defense shall promptly notify the appropriate com-
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mittees of Congress of the issuance of any order de-
scribed 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 ap-
propriate 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 indi-
vidual 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 
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the person and for the United States Govern-
ment, 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 rea-
sons for consenting. 
(B) COMPLAINT.—A copy of the complaint 
and written disclosure of substantially all mate-
rial evidence and information the person pos-
sesses shall be served on the Government pur-
suant to rule 4 of the Federal Rules of Civil 
Procedure. The Government may elect to inter-
vene 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 per-
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son 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 Govern-
ment’s expense, the Government shall be served 
with copies of all pleadings filed in the action 
and shall be supplied with copies of all deposi-
tion 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 em-
ployee 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 
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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 trans-
ferred from United States Naval Station, Guan-
tanamo Bay, Cuba, to Qatar on May 31, 2014, 
would reengage in terrorist activity after trans-
fer. 
(B) A detailed description of any changes 
between the assessments described in subpara-
graph (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 sub-
paragraph, including the reasons for such 
changes. 
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(C) A detailed description of the prior in-
stances, if any, in which Qatar did not fully 
honor its commitments to monitor, detain, or 
control the travel of individuals formerly de-
tained at United States Naval Station, Guanta-
namo Bay, Cuba, by the Department of De-
fense. 
(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 sub-
paragraph (A) will increase the likelihood that 
the Taliban and terrorist groups around the 
world will try to capture United States individ-
uals 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 Con-
gress’’ means— 
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(A) the Committee on Armed Services, the 
Committee on Foreign Relations, the Com-
mittee on Appropriations, the Select Committee 
on Intelligence, and the Committee on the Judi-
ciary of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee 
on Appropriations, the Permanent Select Com-
mittee on Intelligence, and the Committee on 
the Judiciary of the House of Representatives. 
(2) The term ‘‘covered detainee at Guanta-
namo’’ 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 em-
ployee of any Executive agency or military 
department (as those terms are defined in 
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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 ele-
ment of the intelligence community (as de-
fined in section 3 of the National Security 
Act of 1947 (50 U.S.C. 3003)). 
SEC. 3. PROHIBITION ON TRANSFER OR RELEASE OF DE-
TAINEES AT UNITED STATES NAVAL STATION 
GUANTANAMO BAY, CUBA, WITHOUT EXPRESS 
WRITTEN AUTHORIZATION OF THE PRESI-
DENT. 
(a) PROHIBITION.—No detainee described in sub-
section (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; 
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(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, Guanta-
namo 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 re-
lease of an individual detained at Guantanamo (as defined 
in subsection (e)(2) of such section). 
Æ 
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