Take Two

The Senate Armed Services Committee today revised its fiscal year 2012 defense authorization bill, wringing $21 billion from an earlier version the panel passed on June 16, according to committee statement. The spending reductions were imposed to bring the committee's version of the National Defense Authorization Act for FY-12 in line with discretionary spending limits set in August as part of the Budget Control Act of 2011.

The highly unusual second mark-up of the authorization bill was agreed to unanimously, according to the statement, which does not identify which programs were cut from the previous version of the bill. From the committee release:

The new bill would also clarify a number of provisions addressing detainee matters in an effort to address concerns raised by the Administration and others.  As requested by the Administration, the new bill would clarify that the section providing detention authority does not expand the existing authority to detain under the Authorization for Use of Military Force Force and make Guantanamo-related restrictions one-year requirements instead of permanent restrictions.

The new bill would also modify a provision requiring military custody of al Qaeda members who attack the United States (subject to a national security waiver) to clarify the President’s authority to decide who makes determinations of coverage, how they are made, and when they are made.  As modified, the provision makes it clear that these determinations will not interfere with any ongoing law enforcement operations or interrogations.  Under the modified provision, the Executive Branch has the flexibility to keep a covered detainee in civilian custody pursuant to a national security determination, or to transfer a military detainee for trial in the civilian courts. The Administration agreed to have military custody apply to al Qaeda members captured outside the United States (subject to a national security waiver) but disagrees with the committee decision not to preclude the application of the provision inside the United States.