[House Report 111-377]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-377
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DIRECTING THE SECRETARY OF HOMELAND SECURITY TO TRANSMIT TO THE HOUSE
OF REPRESENTATIVES ALL INFORMATION IN THE POSSESSION OF THE DEPARTMENT
OF HOMELAND SECURITY RELATING TO THE DEPARTMENT'S PLANNING, INFORMATION
SHARING, AND COORDINATION WITH ANY STATE OR LOCALITY RECEIVING
DETAINEES HELD AT NAVAL STATION, GUANTANAMO BAY, CUBA ON OR AFTER
JANUARY 20, 2009
_______
December 15, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H. Res. 922]
The Committee on Homeland Security, to whom was referred the
resolution (H. Res. 922) directing the Secretary of Homeland
Security to transmit to the House of Representatives all
information in the possession of the Department of Homeland
Security relating to the Department's planning, information
sharing, and coordination with any state or locality receiving
detainees held at Naval Station, Guantanamo Bay, Cuba on or
after January 20, 2009, having considered the same, report
favorably thereon with amendments and recommend that the
resolution be agreed to.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
The amendments are as follows:
Strike all after the resolving clause and insert the
following:
That the House of Representatives directs the Secretary of Homeland
Security to transmit to the House of Representatives, not later than 14
days after the date of adoption of this resolution, copies of the
notifications by the Department of Homeland Security to the Governor of
any State to which a detainee will be transferred, and any official
correspondence between the Governor of that State and the Department of
Homeland Security, including all component agencies, regarding the
Department's planning, information sharing, and coordination with any
State or locality in the United States, including New York City, that
has received or will receive detainees held at Naval Station,
Guantanamo Bay, Cuba on or after January 20, 2009.
Amend the title so as to read:
Resolution directing the Secretary of Homeland Security to
transmit to the House of Representatives certain information
relating to the Department of Homeland Security's planning,
information sharing, and coordination with any State or
locality receiving detainees held at Naval Station, Guantanamo
Bay, Cuba on or after January 20, 2009.
PURPOSE AND SUMMARY
The purpose of H. Res. 922 is to provide for submission to
the House of Representatives by the Secretary of Homeland
Security certain information relating to the Department of
Homeland Security's planning, information sharing, and
coordination with any State or locality receiving detainees
held at Naval Station, Guantanamo Bay, Cuba, on or after
January 20, 2009.
BACKGROUND AND NEED FOR LEGISLATION
In 2001, President George W. Bush, pursuant to
congressional authorization to use of ``all necessary and
appropriate force'' against those responsible for the terrorist
attacks of September 11, 2001, ordered that suspected Al Qaeda
and Taliban members be detained at several locations, including
the U.S. Naval Station at Guantanamo Bay, Cuba. Today, there
are about 215 detainees being held at Guantanamo Bay. Some of
the detainees, such as the Uighurs, a Turkic Muslim minority
group from China, have not been transferred to their country of
origin because of national security or human rights concerns
and other countries have been unreceptive to accepting
detainees.
On January 27, 2009, President Barack Obama issued
Executive Order 13492, Review and Disposition of Individuals
Detained at the Guantanamo Bay Naval Base and Closure of
Detention Facilities, which requires that the detention
facility be ``promptly'' closed no later than January 22, 2010
``in order to effect the appropriate disposition of''
Guantanamo Bay detainees. Executive Order 13492 also ordered an
immediate review of each detainee's status and temporarily
halted all proceedings before military commissions.President
Obama also issued Executive Order 13493, Review of Detention Policy
Options, that established the Special Task Force on Detainee
Disposition, tasked with ``identif[ying] lawful options'' for the
disposition of Guantanamo Bay detainees and others captured by the
United States. The Secretary of Homeland Security is identified as a
participant in the interagency review ordered in Executive Order 13492
and a member of the Special Task Force on Detainee Disposition
established under Executive Order 13493.
Members of the Committee on Homeland Security have an
interest in ensuring that there is proper notification to the
Governors of States that will be recipients of detainees that
are transferred from Guantanamo Bay. For this reason, Chairman
Thompson offered, and a majority of Committee Members approved,
an amendment in the nature of a substitute to amend H. Res. 922
to require the Secretary of Homeland Security to transmit
copies of all notifications within 14 days of adoption of the
resolution.
HEARINGS
The Committee held no hearings on H. Res. 922.
COMMITTEE CONSIDERATION
The Committee on Homeland Security considered H. Res. 922
on December 9, 2009, and ordered the resolution to be reported
to the House, with a favorable recommendation by voice vote.
The Committee adopted H. Res. 922, amended, by a recorded vote
of 16 yeas and 14 nays (Roll Call Vote No. 18).
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mr. Thompson (#1); was AGREED TO by a recorded vote of
16 yeas and 14 nays (Roll Call Vote No. 17).
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Committee adopted H. Res. 922, as amended, by a
recorded vote of 16 yeas and 14 nays (Roll Call Vote No. 18).
The vote was as follows:
YEAS NAYS
Mr. Thompson Mr. Carney
Ms. Norton Mr. King
Ms. Jackson-Lee Mr. Smith
Mr. Cuellar Mr. Souder
Ms. Clarke Mr. Lungren
Ms. Richardson Mr. Rogers
Mrs. Kirkpatrick Mr. McCaul
Mr. Lujan Mr. Dent
Mr. Owens Mr. Bilirakis
Mr. Pascrell Mr. Broun
Mr. Cleaver Mrs. Miller
Mr. Green Mr. Olson
Mr. Himes Mr. Cao
Ms. Kilroy Mr. Austria
Mr. Massa
Ms. Titus
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mr. Thompson (#1); was AGREED TO by a recorded vote of
16 yeas and 14 nays (Roll Call Vote No. 17). The vote
was as follows:
YEAS NAYS
Mr. Thompson Mr. Carney
Ms. Norton Mr. King
Ms. Jackson-Lee Mr. Smith
Mr. Cuellar Mr. Souder
Ms. Clarke Mr. Lungren
Ms. Richardson Mr. Rogers
Mrs. Kirkpatrick Mr. McCaul
Mr. Lujan Mr. Dent
Mr. Owens Mr. Bilirakis
Mr. Pascrell Mr. Broun
Mr. Cleaver Mrs. Miller
Mr. Green Mr. Olson
Mr. Himes Mr. Cao
Ms. Kilroy Mr. Austria
Mr. Massa
Ms. Titus
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply, as H. Res. 922 does not provide
new budgetary authority or increased tax expenditures.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives, and Section 402 of the Congressional Budget
Act of 1974 do not apply, as H. Res. 922 is not a bill or joint
resolution.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives does not apply, as H. Res. 922 does not
authorize funding.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
H. Res. 922 provides no Federal mandates.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives does not apply, as H. Res. 922 is not a bill or
joint resolution.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
This resolution directs the Secretary of Homeland Security,
not later than 14 days after adoption of this resolution, to
transmit copies of each notification that the Department of
Homeland Security sent to each Governor of a State to which a
detainee held at Naval Station, Guantanamo Bay, Cuba on or
after January 20, 2009 will be transferred. The Secretary is
also required to transmit any official correspondence between
the Governor of a State to which a detainee will be transferred
and the Department of Homeland Security. The official
correspondence that must be transmitted includes correspondence
between Department of Homeland Security component agencies,
such as U.S. Immigration and Customs Enforcement, the U.S.
Coast Guard, the Federal Emergency Management Agency, and the
Transportation Security Administration, and States and
localities, including New York City, that reflects the
planning, information sharing, and coordination on the transfer
of detainees held at the Naval Station, Guantanamo Bay, Cuba on
or after January 20, 2009.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H. Res. 922 makes no changes to existing law.