Latest in NDAA

Trade and Security

The Foreign Investment Risk Review Modernization Act of 2018

After several months of back-and-forth, the Senate and House of Representatives agreed on a consensus version of the Foreign Investment Risk Review Modernization Act (FIRRMA) on July 23. FIRRMA reforms the Committee on Foreign Investment in the United States (CFIUS) process currently used to evaluate and address national security-related concerns related to foreign investment into the United States.

NDAA

Oversight of DOD Kill-Capture Missions Outside Theaters of Major Hostilities: What May Change Under the Next NDAA?

Despite the substantial overlap between counterterrorism activities undertaken by the CIA and JSOC, we tend to pay a lot more attention to the details of the congressional oversight framework for the former as compared to the latter.  The NDAA often addresses CT oversight relating to DOD activities, however, and this year is no exception. What follows below is an attempt to provide a user-friendly guide to the proposals on the table.

 

I. Increasing the pace of quarterly operational briefings regarding CT:

Guantanamo

Detainee Transfer Restrictions and the Captures Clause of the U.S. Constitution

Both Jack Goldsmith and Harold Koh have recently written about the constitutionality of congressional restrictions on the transfer of prisoners. The President’s veto last week of the NDAA was based in part on his objection to the restrictions it places on such transfers.

Subscribe to Lawfare

EmailRSSKindle