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H.R. 4938 (113th): Guantanamo Bay Detainee Transfer Suspension Act of 2014


The text of the bill below is as of Jun 23, 2014 (Introduced). The bill was not enacted into law.


I

113th CONGRESS

2d Session

H. R. 4938

IN THE HOUSE OF REPRESENTATIVES

June 23, 2014

(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.

1.

Short title

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

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 )).

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.

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).