Conference Report on H.R. 1540, National Defense Authorization Act for Fiscal Year 2012

Floor Speech

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Ms. SCHAKOWSKY. Thank you, Mr. Speaker, I rise today in strong opposition to the C National Defense Authorization Act (NDAA) of 2012.

Mr. Speaker, I oppose this bill because it fails to rein in our out of control defense spending, it includes over $115 billion in war funding, and, most of all, because it codifies dangerous detainee provisions that are at odds with the U.S. constitution.

At a time when we are discussing drastic cuts to domestic spending programs critical to millions of Americans, this bill provides a whopping $670 billion in Pentagon spending--that's almost as much as the rest of the world, combined, spends on defense. We can reduce our defense spending without jeopardizing our national security, yet this bill continues what former Secretary Gates termed the ``gusher'' of defense funding.

In addition, this legislation codifies indefinite detention without charge or trial in military custody for foreign Al Qaeda terrorists suspected of involvement in attacks on the U.S. It also blocks the transfer of Guantanamo Bay detainees to the U.S., even for trial. It severely restricts the transfer of detainees to third countries.

Most disturbingly, the bill does not guarantee suspected terrorists a trial, even if they are U.S. citizens arrested within the United States, leaving open the possibility of indefinite detention. Passing this legislation throws fundamental rights of American citizens into serious jeopardy.

These provisions are both dangerous and unnecessary. The Secretary of Defense, Director of National Intelligence, and Director of the FBI have all publically opposed the bill's detainee language. Neither the military nor the national security establishment has sought the added detention authorities provided under this legislation.

Military detention and trial not only jeopardizes our American ideals, it is also not practical. The role of the military is to fight and win wars--not to detain and try criminals. Since 9/11, military commissions have convicted only six people on terror-related charges, while over 400 have been convicted in civilian courts. Military experts have expressed concerns about the still largely untested military tribunal system, as well as the overall capacity of the military to handle a large influx of terrorism-related cases.

Mr. Speaker, we can provide for the national security of the United States without jeopardizing our fundamental freedoms and rights. Even some of our closest allies, including Germany and the UK, have expressed reticence to transfer suspected terrorists or share intelligence about them over concerns that these individuals will end up in U.S. military custody.

In his inaugural address, President Obama stated that we ``reject as false the choice between our safety and our ideals.'' This bill would undermine 200 years of respect for fairness and due process. I strongly urge my colleagues to join me in opposing this dangerous and destructive legislation.

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