Armed Conflict Congress Criminal Justice & the Rule of Law Terrorism & Extremism

Senate NDAA Amendments Round-Up

Wells Bennett
Thursday, November 29, 2012, 12:20 PM
You want 'em?  We got 'em. Here are some more counterterrorism-relevant amendments to the Senate's version of  NDAA 2013---all offered by Senator Sessions: Nos. 3009 (conditioning the availability of certain funds for the Executive Office of the President on prior congressional review of bilateral security agreements between the U.S.

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You want 'em?  We got 'em. Here are some more counterterrorism-relevant amendments to the Senate's version of  NDAA 2013---all offered by Senator Sessions: Nos. 3009 (conditioning the availability of certain funds for the Executive Office of the President on prior congressional review of bilateral security agreements between the U.S. and Afghanistan), 3010 (requiring congressional notification when counterterrorism detainees are held aboard U.S. naval vessels), 3011 (requiring congressional notification prior to transfers from the detention facility at Parwan), 3012 (prohibiting---to no one's surprise---the expenditure of FY2013 funds to transfer GTMO detainees to the United States), and 3013 (regarding military custody over non-U.S. citizens members of Al-Qaeda and affiliated entities) To that list you can add the amendment put forth by Senator Feinstein and others, which would preclude the AUMF- or similarly-based detention of U.S. citizens and lawful permanent residents found in the United States---unless Congress explicitly authorized such detention.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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