See the bill and what is in it.
http://thomas.loc.gov/cgi-bin/bdquery/z?d112:SN01867:@@@D&summ2=m&
The White House is signing off on a controversial new law that would authorize the U.S. military to arrest and indefinitely detain alleged al Qaeda members or other terrorist operatives captured on American soil.As the bill neared final passage in the House of Representatives and the Senate on Wednesday, the Obama administration announced it would support passage of the National Defense Authorization Act (NDAA), which contains slightly watered-down provisions giving the military a front line role in domestic terrorism cases.The administration abandoned its long-held veto threat due to changes in the final version of the bill, namely that in its view, the military custody mandate has been "softened." The bill now gives the President the immediate power to issue a waiver of the military custody requirement, instead of the Defense Secretary, and gives the President discretion in implementing these new provisions. The U.S. Congress has approved a controversial defense bill that would deny terror suspects, including U.S. citizens, the right to trial, permit authorities to detain them indefinitely and require the U.S. military to handle terror-suspected foreign nationals.The Senate approved the $662 billion defense bill in an 86-13 vote on Thursday a day after the bill was passed by the House of Representatives after the White House withdrew a threat to block the proposed legislation over concerns it would undermine the president's authority over counterterrorism activities.
The bill also endorsed tougher sanctions against Iran's central bank and freezing $700 million in aid to Pakistan.
New counterterrorism procedures would require the U.S. military to take custody of terror suspects accused of involvement in plotting or committing attacks against the United States.
But in changes introduced under pressure from the White House, the bill was amended to say that the military cannot interfere with FBI and other civilian investigations and interrogations.
The revisions also allow the president to sign a waiver moving a terror suspect from military to civilian prison.
The legislation was the latest battle in a long struggle between Obama, and some legislators over whether terror suspects should be prosecuted as "enemy combatants" before military commissions and held at Guantanamo Bay, or treated as criminal suspects in the US court and prison system.
Republicans and some Democrats have urged that military custody and military courts should be used as a rule. The administration has sought to keep its flexibility in interrogating and detaining terrorism suspects, arguing that many had been successfully prosecuted in federal courts.
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Comments
(Sec. 612) Requires hostile fire and imminent danger pay and hazardous duty pay to be prorated according to the number of days spent in a qualifying area. (Under current law, such payments are made on a monthly basis.)
(Sec. 703) Amends the NDAA for Fiscal Year 1997 to require beneficiaries enrolled in the Uniformed Services Family Health Plan after September 30, 2011, to transition to TRICARE for Life once they become Medicare-eligible.
(Sec. 885) Amends the Small Business Act to extend through FY2018: (1) the Small Business Innovation Research (SBIR) program, (2) the Small Business Technology Transfer (STTR) program, and (3) the small business commercialization pilot program.
(Sec. 913) Expresses the sense of Congress on the importance of the reliable, uninterrupted provision of precision navigation and timing signals by Global Positioning System (GPS) satellites owned and operated by DOD. Directs the Secretary to: (1) assess the ability of national security GPS receivers to receive signals without interruption or interference, and determine if commercial communications services are or will cause interference with such signals; and (2) notify the defense and appropriations committees upon a positive determination of interruption or interference.
(Sec. 931) Requires the Secretary to: (1) develop and implement a plan to augment the cybersecurity strategy of DOD through the acquisition of advanced capabilities to discover and isolate penetrations and attacks that were previously unknown and for which signatures have not been developed for incorporation into computer intrusion detection and prevention systems and anti-virus software systems, and (2) report to the defense and appropriations committees on such plan.
(Sec. 1011) Amends the NDAA for Fiscal Year 1991 to extend through FY2016 DOD authority to provide additional support for counterdrug activities of other governmental agencies. Includes tribal law enforcement agencies within authorized governmental agencies
(Sec. 1014) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Provides a FY2012 limitation on the use of such authority.
Subtitle D: Detainee Matters - (Sec. 1031) Affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force includes the authority for U.S. Armed Forces to detain covered persons pending disposition under the law of war. Defines a "covered person" as a person who: (1) planned, authorized, committed, or aided the terrorist attacks on the United States of September 11, 2001, or harbored those responsible for such attacks; or (2) was part of or substantially supported al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners. Requires the Secretary to regularly brief Congress on the application of such authority.
(Sec. 1032) Requires U.S. Armed Forces to hold in custody pending disposition a person who was a member or part of al Qaeda or an associated force and participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. Authorizes the Secretary to waive such requirement in the national security interest. Makes such requirement inapplicable to U.S. citizens or U.S. lawful resident aliens. Outlines implementation procedures.
(Sec. 1033) Prohibits FY2012 DOD funds from being used to transfer any individual detained at Naval Station, Guantanamo Bay, Cuba (Guantanamo) to the custody or control of that individual's country of origin, other foreign country, or foreign entity unless the Secretary makes a specified certification to Congress, including that the transferee country or entity is not a state sponsor of terrorism or terrorist organization and has agreed to ensure that the individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits any such transfer if there is a confirmed case of an individual who was transferred to a foreign country and subsequently engaged in terrorist activity. Authorizes the waiver of such prohibition in the national security interest.
(Sec. 1034) Prohibits FY2012 funds from being used to construct or modify any facility in the United States or its territories or possessions to house any individual detained at Guantanamo for purposes of detention or imprisonment by DOD, unless authorized by Congress. Provides an exception.
(Sec. 1035) Directs the Secretary to submit to the defense and intelligence committees procedures for implementing the periodic Guantanamo detainee review process required under Executive Order.
(Sec. 1036) Directs the Secretary to submit to such committees: (1) procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force, and (2) any modifications to such procedures.
(Sec. 1037) Allows a guilty plea as part of a pre-trial agreement in capital offense trials by military commission.
Sec. 1074) Expresses the sense of Congress on the need for sustained investments in the U.S. nuclear weapons stockpile and nuclear security complex. Requires an annual report from the Secretary to the defense and appropriations committees on the nuclear weapons stockpile.
(Sec. 1075) Expresses the sense of Congress that any future modification to the U.S. nuclear employment strategy should maintain or enhance the ability of U.S. nuclear forces to support goals relating to nuclear deterrence, extended deterrence, assurance for allies, and the defense of the United States. Directs the President, any time after issuing a nuclear employment strategy that differs from the current one, to report to Congress on such modifications and an assessment of their effects on U.S. nuclear posture.
Sec. 1102) Authorizes the Secretary to continue to pay, through FY2014, the federal share and administrative fees for temporary continuation of coverage health insurance premiums for former DOD employees enrolled in such coverage and separated due to a reduction in force.
(Sec. 1106) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2013 DOD authority to grant allowances, benefits, and gratuities to federal employees performing official duty in a combat zone.
(Sec. 1205) Amends the Reagan Act to extend through FY2017 DOD authority to support or facilitate U.S. operations to combat terrorism
(Sec. 1229) Directs the President to: (1) establish, and periodically update, a set of benchmarks to evaluate progress in transitioning security responsibilities in Afghanistan to their government by December 31, 2014; and (2) include the most current benchmarks in required annual reports on progress toward security and stability in Afghanistan.
I could go on and on---Lesson learn--nothing is easy with politics, the government, what and why and how the President and Congress acts.
Controversy makes good disagreements and makes good ratings and good political fighting. But does not do much good for getting things done.