[House Report 111-242]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-242
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RESOLUTION OF INQUIRY DIRECTING THE ATTORNEY GENERAL TO TRANSMIT TO THE
HOUSE OF REPRESENTATIVES ALL INFORMATION IN THE ATTORNEY GENERAL'S
POSSESSION RELATING TO THE TRANSFER OR RELEASE OF DETAINEES HELD AT
NAVAL STATION, GUANTANAMO BAY, CUBA, INTO THE UNITED STATES
_______
July 31, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
ADVERSE REPORT
together with
MINORITY VIEWS
[To accompany H. Res. 636]
The Committee on the Judiciary, to whom was referred the
resolution (H. Res. 636) directing the Attorney General to
transmit to the House of Representatives all information in the
Attorney General's possession relating to the transfer or
release of detainees held at Naval Station, Guantanamo Bay,
Cuba, into the United States, having considered the same,
reports unfavorably thereon without amendment and recommends
that the resolution not be agreed to.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background....................................................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Committee Cost Estimate.......................................... 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Minority Views................................................... 5
Purpose and Summary
On July 13, 2009, Congressman Frank Wolf (R-VA) introduced
H. Res. 636, a resolution of inquiry. The resolution directs
the Attorney General to transmit to the House of
Representatives, not later than 14 days after the date of
adoption of the resolution, copies of any document, memo, or
correspondence of the Department of Justice, including the
Federal Bureau of Investigation and United States Marshal
Service, or any portion of any such document, memo, or
correspondence, that refers or relates to (1) any guidance,
recommendations, or logistical preparations made since January
20, 2009, for the transfer or release of the detainees held at
Naval Station, Guantanamo Bay, Cuba (hereinafter ``Naval
Station''), into the United States; (2) the identities of any
detainees that have been cleared for release into the United
States and any information about the capture, detention, and
threat assessment of such detainees; (3) the countries that
have been contacted by Government officials to request their
acceptance of detainees currently held at Naval Station; and
(4) the legal guidance regarding the transfer, detention, or
release of detainees held at Naval Station into the United
States.
Background
Under the rules and precedents of the House of
Representatives, a resolution of inquiry is one of the methods
that the House can use to obtain information from the Executive
Branch.\1\ It ``is a simple resolution making a direct request
or demand of the President or the head of an executive
department to furnish the House of Representatives with
specific factual information in the possession of the executive
branch.''\2\ The typical practice has been to use the verb
``request'' when asking for information from the President, and
``direct'' when addressing Executive department heads.\3\
Clause 7 of Rule XIII of the Rules of the House of
Representatives provides that if the committee to which the
resolution is referred does not act on it within 14 legislative
days, a privileged motion to discharge the resolution from the
committee is in order on the House floor.
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\1\Christopher Davis, House Resolutions of Inquiry, CRS Report,
November 25, 2008, at 1 (quoting U.S. Congress, House, Deschler's
Precedents of the United States House of Representatives, H. Doc. 94-
661, 94th Cong., 2nd sess., vol. 7, ch. 24, Sec. 8.
\2\Id.
\3\Id.
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While appreciative of Representative Wolf's interest in the
issues surrounding the closure of Guantanamo, the Committee
nonetheless believes that, for the reasons summarized below,
the resolution is unwarranted.
As to requests for information on the alleged release into
the United States of Guantanamo detainees, the recently enacted
Defense supplemental appropriations resolution (P.L. 111-32)
mandates that no such detainee may be released into the United
States.
As to the names of countries that have been contacted by
U.S. Government officials to request their acceptance of
detainees currently held at Guantanamo, insisting that this
information be divulged would, in the Committee's view,
inappropriately interfere with the constitutional
responsibility of the Executive to conduct foreign policy,
including holding sensitive preliminary discussions on a
confidential basis. In this particular instance, it could be
expected to materially interfere with efforts to close
Guantanamo, by prematurely disclosing the name of any country
even contemplating accepting detainees.
Moreover, the Defense supplemental appropriations
resolution already requires that information on the name of
each detainee, risk assessment, and terms of any agreement with
any country be provided to Congress 15 days before any transfer
to another country occurs.
And as to information regarding any Guantanamo detainee to
be transferred to the U.S. for detention or trial, the Defense
supplemental appropriations resolution already requires that
information on risk assessment, costs, legal rationale,
associated court demands, plans for risk mitigation, and
notification to State officials be provided to Congress 45 days
before any such transfer occurs.
Additional information regarding this matter is being
provided through regular Committee oversight, and from
briefings and reports from the Administration's Guantanamo-
related task forces. The Defense supplemental appropriations
resolution also requires that, before Guantanamo is closed, the
President is to submit to Congress a report describing the
disposition or legal status of each detainee.
In light of these facts, the Committee is adversely
reporting H. Res. 636 to the House, without amendment.
Hearings
No hearings were held in the Committee on H. Res. 636.
Committee Consideration
On July 29, 2009, the Committee met in open session and
ordered H. Res. 636 adversely reported, without amendment, by a
rollcall vote of 14 yeas to 12 nays, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall vote occurred during the Committee's
consideration of H. Res. 636:
H. Res. 636 was ordered reported unfavorably by a vote of
14 to 12.
ROLLCALL NO. 1
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Ayes Nays Present
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Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters......................................................
Mr. Delahunt.................................................... X
Mr. Wexler......................................................
Mr. Cohen.......................................................
Mr. Johnson..................................................... X
Mr. Pierluisi................................................... X
Mr. Quigley.....................................................
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Ms. Baldwin..................................................... X
Mr. Gonzalez.................................................... X
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Ms. Sanchez.....................................................
Ms. Wasserman Schultz...........................................
Mr. Maffei...................................................... X
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................
Mr. Lungren..................................................... X
Mr. Issa........................................................
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
Mr. Poe......................................................... X
Mr. Chaffetz.................................................... X
Mr. Rooney...................................................... X
Mr. Harper...................................................... X
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Total....................................................... 14 12
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Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this resolution does
not provide new budgetary authority or increased tax
expenditures.
Committee Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the Committee estimates that
implementing the resolution would not result in any significant
costs. The Congressional Budget Office did not provide a cost
estimate for the resolution.
Performance Goals and Objectives
Clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives is inapplicable, because H. Res. 636 does not
authorize funding.
Constitutional Authority Statement
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives is inapplicable, because H. Res. 636 is not a
bill or a joint resolution that may be enacted into law.
Advisory on Earmarks
Clause 9 of rule XXI of the Rules of the House of
Representatives is inapplicable, because H. Res. 636 is not a
bill or a joint resolution.
Section-by-Section Analysis
H. Res. 636 directs the Attorney General to transmit to the
House of Representatives not later than 14 days after the date
of adoption of the resolution, copies of any document, memo, or
correspondence of the Department of Justice, including the
Federal Bureau of Investigation and United States Marshal
Service, or any portion of any such document, memo, or
correspondence, that refers or relates to (1) any guidance,
recommendations, or logistical preparations made since January
20, 2009, for the transfer or release of the detainees held at
Naval Station, Guantanamo Bay, Cuba (hereinafter ``Naval
Station''), into the United States; (2) the identities of any
detainees that have been cleared for release into the United
States and any information about the capture, detention, and
threat assessment of such detainees; (3) the countries that
have been contacted by Government officials to request their
acceptance of detainees currently held at Naval Station; and
(4) the legal guidance regarding the transfer, detention or
release of detainees held at Naval Station into the United
States.
Minority Views
We support House Resolution 636 because the President made
a rash decision, after only one day in office, to close the
Guantanamo Bay terrorist detention facility within one year.
After six months, the Administration still hasn't produced a
plan to do so.
And the absence of a clear reason to close Gitmo proves the
President's decision was premature at best and dangerous at
worst.
On Wednesday, July 29, we considered H. Res. 636, a
resolution of inquiry introduced by Representative Frank Wolf
of Virginia, which would require the Justice Department to give
basic information to Congress regarding its Gitmo plans.
This information includes documents that relate to any
preparations for the transfer or release into the U.S. of the
detainees held at Gitmo; the identities of any detainees who
have been cleared for release into the U.S.; any information
about the capture, detention, and threat assessment of those
detainees; and relevant guidelines regarding the transfer,
detention or release of Gitmo detainees.
We would have expected this resolution to be reported out
favorably so the full House could vote on it, because
Democratic leaders themselves have chided the Administration
for its failure to produce this and other information related
to its plans to close Gitmo.
According to Roll Call, ``Democratic leaders are . . .
indignant that the President has asked for money before
presenting a plan. . . . In anticipation of receiving a plan
for the prison's closure this month, House and Senate leaders
had already delayed consideration of their Defense
appropriations bills--traditionally one of the first spending
measures to see action.''\1\
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\1\Emily Pierce and Jennifer Bendery, ``Democrats Demand Gitmo
Plan,'' Roll Call (July 22, 2009).
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According to the Democratic Chairman of the House Defense
Appropriations Subcommittee, the Administration ``will have no
money available until we get a plan. It's that simple.''\2\
Speaker Pelosi herself said, ``We'll wait for a plan.''\3\
---------------------------------------------------------------------------
\2\Id.
\3\Id.
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And House Appropriations Chairman David Obey said ``so far
as we can tell there is yet no concrete program for [closing
Gitmo] . . . I'm not much interested in wasting my energy
defending a theoretical program.''\4\
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\4\Megan Scully, ``Obey Rejects Obama's Request for Funds to
Shutter Guantanamo Detention Center,'' CongressDaily (May 5, 2009).
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Clearly, the Administration's program will remain
theoretical until we get answers to the basic questions posed
in H. Res. 636.
The recent experiment in Bermuda makes clear the need for
transparency. After the Department of Justice announced that
four detainees had been resettled in Bermuda, the shocked
Police Commissioner there said a preliminary threat assessment
of the men found them to be ``high risk.''\5\
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\5\``Police Commissioner Only Knew of Detainees' Arrival on
Thursday,'' The (Bermuda) Royal Gazette (June 17, 2009).
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And according to ABC News, ``The Obama administration put
out some seemingly mixed messages on the . . . transfer, saying
that their release to Bermuda would make the U.S. safer, while
insisting the government would guard against their travel to
the U.S.''\6\
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\6\Jake Tapper, ``Four Uighurs Resettled in Bermuda,'' ABC News
Political Punch (June 11, 2009), available at http://blogs.abcnews.com/
politicalpunch/2009/06/four-uighurs-settled-in-bermuda.html.
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What sense does it make to say detainees are not a threat,
when at the same time we take precautions to ensure that those
same detainees are prohibited from entering the United States?
Who are the people at Gitmo? They are al-Qaeda financial
specialists, organizational experts, bomb-makers, and
recruiters. In camp inspections, it has been discovered that
detainees were being trained by other detainees in bomb-making,
weapons handling, and tactics. Serious plots to kill guards
emerged from even medium-security cell blocks.\7\
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\7\Lt. Col. Gordon Cucullu, Inside GITMO: The True Story Behind the
Myths of Guantanamo Bay (HarperCollins 2009), at 102.
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Ever wonder what it's like to be a guard at Guantanamo Bay?
They receive, on average, 450 assaults annually.\8\ More than
half the assaults require some sort of medical attention.\9\
Detainees tell guards they'll have al-Qaeda members rape and
murder their families.\10\
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\8\Id. at 177.
\9\Id. at 177.
\10\Id. at 121.
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Amazingly, the Administration has now delayed the deadline
to develop a plan for closing Gitmo to just days before the
final deadline for shutting it down.\11\ As the Democrats on
the committee reported H. Res. 636 unfavorably, the full House
of Representatives will not be able to require the disclosure
of this basic information. Consequently, there will be
insufficient time for the American people to voice their
opinions, and for Congress to provide the necessary review, to
ensure the Administration's decisions will not endanger
American lives before it's too late. This result is
unfortunate, given that members of the Democratic majority
were, until last January, demanding at least this level of
congressional involvement in these important decisions.
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\11\Emily Pierce and Jennifer Bendery, ``Democrats Demand Gitmo
Plan,'' Roll Call (July 22, 2009).
Lamar Smith.
F. James Sensenbrenner, Jr.
Howard Coble.
Elton Gallegly.
Bob Goodlatte.
Daniel E. Lungren.
Darrell E. Issa.
J. Randy Forbes.
Steve King.
Trent Franks.
Louie Gohmert.
Jim Jordan.
Ted Poe.
Jason Chaffetz.
Tom Rooney.
Gregg Harper.