Military Authorization Bill: Mostly Ugly

Dec 20, 2011

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Final Military Authorization Bill

Updated: December 20, 2011

Last week, Congress approved a final version of the National Defense Authorization Act, the NDAA. This legislation provides new authority for military policies and programs. (Actual funding for these programs has to come through the appropriations bill.) Committed to the principle that war is not the answer to global or international problems, FCNL never supports the authorization of new authority for our nation’s military arm. But each year, there are opportunities to make progress on some policies, and there are certain particularly bad provisions that demand our attention.

FCNL vigorously opposed an amendment that aims to cripple Iran’s financial sector by denying access to the U.S. financial system for any company that does business with Iran’s Central Bank. Though these sanctions threaten not just Iran’s economy, but also the fragile European economy, no senators were willing to vote against the provision. FCNL joined with many other organizations to oppose language that expands the reach of the Military Commissions Act to apply to a much wider range of potential suspects, apparently including U.S. citizens arrested on U.S. soil. Individuals apprehended within the military justice system may be held without trial until “the end of the conflict,” or, as one commentator observed, “until terrorism surrenders.” With a slight modification regarding the president’s authority, the language was approved and the president withdrew his threat to veto the bill.

The NDAA also includes a provision that increases military involvement in foreign security assistance decisions. This continues the trend of increasing Pentagon involvement in traditional State Department roles. A revived "section 1207" makes the State Department and the Pentagon joint signers on the distribution and purpose of $250 million in security aid for countries included in the Overseas Contingency Operations funding (Iraq, Afghanistan, Yemen, and some East African countries). FCNL opposed this language and pointed out its dangers; the language was included in the final bill.

National Defense Authorization Act Passes Senate

The Senate passed S.1867, the fiscal year 2012 National Defense Authorization Act (NDAA) by a vote of 93-7 on December 1.

We at FCNL were pleased that the Senate adopted the Merkley amendment to hasten a responsible withdrawal of U.S. troops from Afghanistan. This is the first time that the Senate has approved any legislation calling for an end to the war.

However, we did not support final passage of the NDAA legislation, which approves the spending of $662 billion on the military in the current fiscal year and includes several dangerous and damaging provisions.

• The bill gives the president the power to order the military to indefinitely imprison people anywhere in the world without charging them or trying them. Even U.S. citizens, within the country, could be included in this detention. An amendment offered by Sen. Mark Udall (CO) to strip out this provision failed by a vote of 38-60.
  
  The Obama administration strongly opposed this provision and has threatened to veto the final military authorization bill if it includes this language.
• The bill also requires the president to impose sanctions on foreign institutions that do business with the Central Bank of Iran. The amendment to add this language, offered by Sens. Mark Kirk (IL) and Robert Menendez (NJ), passed by a vote of 100-0, despite opposition from the Obama administration and the U.S. Chamber of Commerce. Find out more about why these sanctions could pave the path to a war with Iran.

A House-Senate conference committee must now reconcile the two versions of the National Defense Authorization Act before it goes to the president. According to Congressional Quarterly, the negotiations are likely to be "tense," in particular on the issue of the detainee provisions.

Amendments We Support

Afghanistan:
PASSED (by voice vote) Amendment No.1257 offered by Sen. Jeff Merkley (OR) will require an expedited withdrawal of U.S. troops from Afghanistan. More information, and read FCNL's Matt Southworth's comments on this victory.

Iraq:
FAILED (Roll Call #211, 30-67) Amendment No. 1064 offered by Sen. Rand Paul (KY) and Sen. Kirsten Gillibrand (NY) would repeal the 2002 Authorization of the Use of Military Force against Iraq by January 01, 2012.

Detainee Issues: 
FAILED (#210, 38-60): Amendment No. 1107 offered by Sen. Mark Udall (CO) would require the Executive Branch to define the appropriate role of the U.S. armed forces in the dentition and conviction of detainees taken into U.S. custody under the Authorization of the Use of Military Force (PL 107-40) and Authorization of the Use of Military Force Against Iraq (PL 107-243).

Closing U.S. Military Bases Overseas: WAS NOT BROUGHT TO THE FLOOR FOR A VOTE (No opportunity given to vote.) Amendment No. 1145 offered by Sen. Jon Tester (MT) and Kay Bailey Hutchinson (TX) would establish a commission to consider closing U.S. military bases overseas.

Amendments We Oppose

Iran:
PASSED (#180, 100-0. The Menendez-Kirk amendment Amendment No. 1414, would require the president to impose sanctions on foreign institutions that do business with the Central Bank of Iran.

The two rival amendments to sanction the Central Bank have been coalesced into one amendment. Sen. Kirk (IL) and Sen. Menendez (NJ) have withdrawn their respective amendments (No. 1292 and No. 1084) in support of this new legislation. More information here.

Torture: 
FAILED (#186, 47-52) Amendment No. 1068 offered by Sen. Kelly Ayotte (NH) would have revoked President Obama's 2009 executive order restricting U.S. interrogators to only use the techniques outlined the Army Field Manual, opening the door to torture.

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See FCNL's coverage of House NDAA amendments, including the historic vote on the McGovern-Jones Afghanistan exit strategy amendment, here. Also, see a full list of Senate NDAA amendments here