Advancing a Free Society

NDAA Conference Report—A Quick and Dirty Analysis

Tuesday, December 13, 2011

The conference report for the NDAA is now available. Subtitle D, entitled “Counterterrorism,” begins on page 653 and runs through page 685. The conferees’ explanation of their choices begins on page 158 of a separate document.

I will blog as I read. Readers many find my earlier posts comparing the House and Senate versions of the bill (here and here) helpful as they make sense of the conference report.

Here are some highlights:

  • The Senate has prevailed on the question of AUMF reaffirmation. The House bill, recall, would have contained a general reaffirmation of the AUMF, whereas the Senate language would only have reaffirmed that the existing AUMF authorized detention operations. The conference report has adopted the Senate approach. (See Sec. 1021.)

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