"Please read the damn bill" Part 2: Senate Debate on the NDAA

As so many of you have found our earlier post of the Senate debate over the NDAA useful, we wanted to offer legislative materials related to the Senate's deliberations.  I will continue to update this post with new materials, as I find them today. And I will post a transcript of the portions of the Senate floor debate yesterday that concerned the detention language and authorization. You can read Senator Collins' Monday remarks on her detainee amendment (No. 1158) here. The text of the amendment is below:

AMENDMENT NO. 1158 (Purpose: To clarify the permanence of the prohibition on transfers of recidivist detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and entities)    On page 367, strike line 11 and all that follows through ``Guantanamo'' on line 18 and insert the following: (c) Permanent Prohibition in Cases of Prior Confirmed Recidivism.--

    (1) PERMANENT PROHIBITION.--Except as provided in paragraph (2) and subject to subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise made available to the Department of Defense for any fiscal year to transfer an individual detained at Guantanamo

Tuesday's debate focused heavily on a number of key amendments, which Ben (on the Udall Amendment) and Bobby (on the Paul Amendment)  posted the roll call results of yesterday. You can read the transcript of the debate over the detainee provision and amendments  here (Part 1) and here (Part 2). Part 1 covers Senator Paul's entreaty to consider the constitutional liberty issues at play in the bill. Senator McCain immediately thereafter rose to counter Senator Paul's remarks. Then the Senate formally began consideration of the bill, beginning with Senator Udall's Amendment (Page 6), the text of which  (No. 1107) is included below. It failed in a 38-60 vote:

(Purpose: To revise the provisions relating to detainee matters)    Strike subtitle D of title X and insert the following: Subtitle D--Detainee Matters   SEC. 1031. REVIEW OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with appropriate officials in the Executive Office of the President, the Director of National Intelligence, the Secretary of State, the Secretary of Homeland Security, and the Attorney General, submit to the appropriate committees of Congress a report setting forth the following:

    (1) A statement of the position of the Executive Branch on the appropriate role for the Armed Forces of the United States in the detention and prosecution of covered persons (as defined in subsection (b)).

    (2) A statement and assessment of the legal authority asserted by the Executive Branch for such detention and prosecution.

    (3) A statement of any existing deficiencies or anticipated deficiencies in the legal authority for such detention and prosecution.

    (b) Covered Persons.--A covered person under this section is any person, other than a member of the Armed Forces of the United States, whose detention or prosecution by the Armed Forces of the United States is consistent with the laws of war and based on authority provided by any of the following:

    (1) The Authorization for Use of Military Force (Public Law 107-40).

    (2) The Authorization for Use of Military Force Against Iraq Resolution 2002 (Public Law 107-243).

    (3) Any other statutory or constitutional authority for use of military force.

    (c) Congressional Action.--Each of the appropriate committees of Congress may, not later than 45 days after receipt of the report required by subsection (a), hold a hearing on the report, and shall, within 45 days of such hearings, report to Congress legislation, if such committee determines legislation is appropriate and advisable, modifying or expanding the authority of the Executive Branch to carry out detention and prosecution of covered persons. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

    (1) the Committee on Armed Services, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and

    (2) the Committee on Armed Services, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives.

Senators Udall, Durbin and Graham had a lively debate framing the question of whether or not we are at war after Senator Udall introduced his amendment. Senator Paul's amendment (No. 1064) repealing the 2002 AUMF was also rejected 67-30 (more later on the makeup of that vote). That portion of the debate starts on Page 11 of Part 2.