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Senate Passes NDAA, 98 to 0

The Senate has unanimously passed its $631 billion version of the National Defense Authorization Act (NDAA), by a vote of 98 to 0. The House version was $634 billion.

Feinstein's Amendment to bar military detention of American citizens was agreed to on November 29, but so was Sen. Kelly Ayotte's Amendment, which permanently bars the use of funds to transfer Guantanamo detainees. [More...]

Ayotte's Amendment adds a new section to the bill:

SEC. 1032. PROHIBITION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

No authorized to be appropriated funds may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--

(1) is not a United States citizen or a member of the Armed Forces of the United States; and

(2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

Feinstein's Amendment says:

SEC. 1032. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS.

Section 4001 of title 18, United States Code, is amended.....

(b)(1) An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.

(2) Paragraph (1) applies to an authorization to use