NRCAT public policy update, Nov. 3, 2009

Following is the most recent public policy update from the National Religious Campaign Against Torture (NRCAT). See previous policy updates here.

FY 2010 National Defense Authorization Act

The FY 2010 National Defense Authorization Act (NDAA) was signed into law by President Obama on October 28. The NDAA contained a provision that NRCAT had aggressively lobbied for requiring the Department of Defense to videotape the interrogations of detainees in its custody. The inclusion of this provision was a significant legislative victory for NRCAT.

The NDAA also contained a rewrite of the Military Commissions Act and a provision preventing soldiers from reading Miranda rights to detainees. For more information about all of these provisions please see previous policy updates here.

Homeland Security Appropriations

The Department of Homeland Security Appropriations Act was signed into law in late October. It includes a provision prohibiting funds appropriated under the bill from being used to transfer detainees to the United States for any purpose other than prosecution. In addition it mandates that the administration meet several requirements before using funds to transfer detainees to the United States for prosecution or to other countries (for any purpose).

It also includes provisions placing Guantanamo detainees on the “no fly” list, allowing the Secretary of Defense to bar the release of the “torture photos,” and prohibiting the use of any funds under the bill from being used to provide detainees with immigration benefits.

Commerce Justice Science Appropriations

[Sen. Lindsey Graham (R-SC) offered an amendment to the Senate version of the Commerce Justice Science Appropriations bill that would bar funds appropriated under the bill from being used to try detainees who are suspected of being in some way involved with the Sept. 11, 2001 attacks in Article III courts. It was tabled; the vote on the motion was 54-45.] NRCAT does not have a specific stance on this issue, although many other human rights groups vigorously opposed the Graham amendment.

The House version of this bill includes a provision, similar to that in the Homeland Security Appropriations Act, which would prohibit funds appropriated under the bill from being used to transfer detainees to the United States for any purpose other than prosecution. In addition it mandates that the administration meet several requirements before using funds to transfer detainees to the United States for prosecution or to other countries (for any purpose).

Interior Appropriations

The Department of Interior Appropriations Act was signed into law at the end of October. It includes a provision, similar to that in the Homeland Security Appropriations Act, which would prohibit funds appropriated under the bill from being used to transfer detainees to the United States for any purpose other than prosecution. In addition it mandates that the administration meet several requirements before using funds to transfer detainees to the United States for prosecution or to other countries (for any purpose).

Defense Appropriations

The Senate version of the Defense Appropriations bill contains a complete prohibition on using funds appropriated under the bill from being used to transfer Guantanamo detainees to the United States for any reason. 

The House version of this bill contains a provision similar to that in the Homeland Security Appropriations Act, which would prohibit funds appropriated under the bill from being used to transfer detainees to the United States for any purpose other than prosecution. In addition it mandates that the administration meet several requirements before using funds to transfer detainees to the United States for prosecution or to other countries (for any purpose).