National Defense Authorization Act for FY2012 and Beyond: Detainee Matters [January 27, 2014]   [open pdf - 537KB]

"The 2012 NDAA [National Defense Authorization Act] authorizes the detention of certain categories of persons and requires the military detention of a subset of them (subject to waiver by the President); regulates status determinations for persons held pursuant to the AUMF; regulates periodic review proceedings concerning the continued detention of Guantanamo detainees; and continued funding restrictions that relate to Guantanamo detainee transfers to foreign countries. During floor debate, significant attention centered on the extent to which the bill and existing law permit the military detention of U.S. citizens believed to be enemy belligerents, especially if arrested within the United States. The enacted version of the bill included a provision to clarify that the bill's affirmation of detention authority under the AUMF is not intended to affect any existing authorities relating to the detention of U.S. citizens or lawful resident aliens, or any other persons captured or arrested in the United States. […] The 2014 NDAA extends the blanket prohibition on transferring Guantanamo detainees to the United States, but allows the Executive greater flexibility in determining whether to transfer detainees to foreign custody. This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the 2013 NDAA and 2014 NDAA."

Report Number:
CRS Report for Congress, R42143
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Media Type:
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