Detention & Guantanamo

Agreement Reached on the NDAA

By Robert Chesney
Tuesday, December 18, 2012, 11:35 PM

Politico reports that Senate and House negotiators have reached an agreement on the NDAA, with votes in both houses expected later this week...and then, on to the White House.  The full text is available here.  As for the highlights, perhaps the most notable thing from the perspective of the issues we've been tracking is that the Feinstein Amendment (i.e., the provision stating that AUMFs should not be construed to provide detention authority vis-a-vis US persons captured in the US absent express language authorizing detention in that scenario) did...not...make it.

Some other items of interest, for me at least:

Section 925 - constraints on expansion of the Defense Clandestine Service (see here for background)

Section 939 - requires quarterly briefing from DOD to SASC and HASC on offensive cyber operations and "significant" defensive cyber operations

And of course there are sections 1021 through 1029, containing by-now-familiar constraints on transfers out of GTMO and so forth.