Goodlatte Amendment No. 11 to the NDAA
On Agreeing to the Amendment
House Roll Call No. 227
113rd Congress, 1st Session

Agreed to: 214-211 (see complete tally)

On June 14, 2013, the House adopted Amendment 11 of H.R. 1960, the National Defense Authorization Act, by a vote of 214-211.  The ACLU opposed Amendment 196, introduced by Congressman Goodlatte (R-VA), which states that in habeas proceedings involving U.S. citizens who have been detained pursuant to the 2001 Authorization for Use of Military Force (AUMF), the government must prove “by clear and convincing evidence” that the citizen is an unprivileged enemy combatant.  The ACLU opposed this amendment because of the subtle but dangerous implication that the AUMF authorizes the military to detain U.S. citizens indefinitely without charge or trial. Indefinite detention is not only does not authorized by the AUMF, but it is also clearly unconstitutional.  Additionally, by only specifying the detention of U.S. citizens, Amendment 196 also implies a difference in due process rights for citizens vs. non-citizens, which also directly contradicts the U.S. Constitution, which makes no such distinction.   

Vote Map: House Roll Call No. 227
Votes For : 214
Votes Against : 211
Not Voting : 9