Latest in NDAA

Documents

Committees in the House of Representatives Have Released Drafts of the F2020 NDAA and Defense Authorization Bill

On June 11, the House Armed Services Committee released its draft of the National Defense Authorization Act (NDAA) for the 2020 fiscal year (H.R. 2500). The committee’s summary states that the proposed bill focuses on addressing threats to the United States by authorizing a defense system that is “inclusive, accountable, and responsible in the management of its resources.” The proposal authorizes defense spending up to $733 billion dollars.

NDAA

What’s in the New NDAA

President Donald Trump signed the John S. McCain National Defense Authorization Act (NDAA) for fiscal year 2019 into law on Monday afternoon, at an event at Fort Drum military base in upstate New York.

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

The Cyberspace Solarium Commission: A Timely Proposal

On Monday, night the Senate passed its version of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. It now heads to conference for reconciliation with the House version. The Senate version is packed with interesting provisions relating to military operations in the cyber domain, and I’ll be writing separately about most of those items shortly.

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:

NDAA

President Obama's NDAA Signing Statement on Guantanamo

On Wednesday, November 25th, President Barack Obama signed the 2016 National Defense Authorization Act into law.

In addition to the added and renewed restrictions (sections 1031 and 1032) on the president's ability to transfer detainees from Guantanamo Bay to the United States for continued detention, the bill includes two provisions limiting the interrogation activities of agents of the U.S. government.

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.

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