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Guantanamo Provisions in Compromise 2014 NDAA
Monday evening, Senate and House armed services committee leaders announced that a compromise has been largely reached with regard to the 2014 National Defense Authorization Act. Among those matters included in the bill is the future of Guantanamo.
Published by The Lawfare Institute
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Monday evening, Senate and House armed services committee leaders announced that a compromise has been largely reached with regard to the 2014 National Defense Authorization Act. Among those matters included in the bill is the future of Guantanamo. Here is a summary of the provisions in the NDAA that relate with Guantanamo, as described in Senate committee Chair Carl Levin's press release:
Guantanamo-Related Provisions
- The Secretary of Defense may transfer Guantanamo (GTMO) detainees to foreign countries, through two authorities:
- Authorizing GTMO transfers to foreign countries if: (a) following a review by a Periodic Review Board, the detainee is determined to no longer be a threat to U.S. security; or (b) the transfer is pursuant to a court order.
- For all other GTMO transfers overseas, the Secretary of Defense must determine that action has been taken or will be taken to mitigate the risk of detainee reengaging in terrorist activity and the transfer is in the national security interests of the United States. While making that determination the Secretary will evaluate and consider a number of factors including: any recommendation of the Periodic Review Board; the security situation in the recipient country; the presence of foreign terrorist groups in the recipient country; whether the recipient country is a state sponsor of terrorism; and the steps taken or to be taken to substantially mitigate the risk of the detainee re-engaging in terrorist activities.
- The provision also expands the information that must be provided to Congress not later than 30 days prior to the transfer.
- Extends through 2014 the current prohibitions on (1) the construction or modifications of facilities in the United States to house GTMO detainees, and (2) the transfer of GTMO detainees into custody in the United States for any purpose, including for trial, detention, or medical emergencies.
Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT.
Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.
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