Project Vote Smart

Legislation - Signed (Executive) - Dec. 31, 2011

Legislation - Conference Report Adopted (Senate) - Dec. 15, 2011 (Key vote)

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes appropriations for the Department of Defense for fiscal year 2012.

Highlight: -Authorizes the Armed Forces of the United States to detain covered persons in military custody pending disposition under the law of war (Secs. 1021 & 1022). -Requires the Armed Forces of the United States to detain in military custody, pending disposition under the law of war, covered persons that meet the following criteria, unless the president waives the requirement of military custody due to "national security interests" (Sec. 1022):

-Are captured in the course of hostilities; -Are determined to be a member of al-Qaeda or an "associated force"; and -Are determined to have participated in planning or carrying out an attack on the United States or its coalition partners.

-Defines a "covered person" as an individual who meets 1 of the following criteria (Sec. 1021):

-Any person who planned, authorized, committed, or aided the September 11, 2001, terrorist attacks or harbored those responsible; or -A person who was a part of or substantially supported forces that are engaged in hostilities against the United States or its coalition partners including, but not limited to, al-Qaeda and the Taliban.

-Specifies that the "disposition of a person under the law of war" may include any of the following (Sec. 1021):

-Detention under the law of war without trial until the end of hostilities; -Trial in a military court; -Transfer for trial by an alternative court or tribunal; or -Transfer to the custody or control of a foreign country or entity.

-Specifies that the requirement to detain certain covered persons in military custody does not apply to United States citizens or lawful residents (Sec. 1022). -Prohibits the Department of Defense from using funds to construct or modify any facility in the United States to house any individual detained at the United States Naval Station at Guantanamo Bay, Cuba (Sec. 1026). -Prohibits any funds authorized in the bill from being used to transfer to or release within the United States or its territories Khalid Sheikh Mohammed or any other detainee at the United States Naval Station at Guantanamo Bay, Cuba, who is not a United States citizen or member of the Armed Forces of the United States (Sec. 1027). -Requires the president to block and prohibit all transactions pertaining to property of an Iranian financial institution if the property is in the United States, comes within the United States, or is within the possession or control of a citizen or resident of the United States (Sec. 1245). -Prohibits the creation or maintenance of accounts in the United States by foreign financial institutions that the president determines has knowingly conducted or facilitated any "significant" financial transaction with the Central Bank of Iran or another Iranian financial institution (Sec. 1245). -Authorizes military chaplains to refuse to perform a marriage if doing so is "a matter of conscience or moral principle" (Sec. 544).

Legislation - Conference Report Adopted (House) - Dec. 14, 2011 (Key vote)

Title: National Defense Authorization Act for Fiscal Year 2012

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes appropriations for the Department of Defense for fiscal year 2012.

Highlight: -Authorizes the Armed Forces of the United States to detain covered persons in military custody pending disposition under the law of war (Secs. 1021 & 1022). -Requires the Armed Forces of the United States to detain in military custody, pending disposition under the law of war, covered persons that meet the following criteria, unless the president waives the requirement of military custody due to "national security interests" (Sec. 1022):

-Are captured in the course of hostilities; -Are determined to be a member of al-Qaeda or an "associated force"; and -Are determined to have participated in planning or carrying out an attack on the United States or its coalition partners.

-Defines a "covered person" as an individual who meets 1 of the following criteria (Sec. 1021):

-Any person who planned, authorized, committed, or aided the September 11, 2001, terrorist attacks or harbored those responsible; or -A person who was a part of or substantially supported forces that are engaged in hostilities against the United States or its coalition partners including, but not limited to, al-Qaeda and the Taliban.

-Specifies that the "disposition of a person under the law of war" may include any of the following (Sec. 1021):

-Detention under the law of war without trial until the end of hostilities; -Trial in a military court; -Transfer for trial by an alternative court or tribunal; or -Transfer to the custody or control of a foreign country or entity.

-Specifies that the requirement to detain certain covered persons in military custody does not apply to United States citizens or lawful residents (Sec. 1022). -Prohibits the Department of Defense from using funds to construct or modify any facility in the United States to house any individual detained at the United States Naval Station at Guantanamo Bay, Cuba (Sec. 1026). -Prohibits any funds authorized in the bill from being used to transfer to or release within the United States or its territories Khalid Sheikh Mohammed or any other detainee at the United States Naval Station at Guantanamo Bay, Cuba, who is not a United States citizen or member of the Armed Forces of the United States (Sec. 1027). -Requires the president to block and prohibit all transactions pertaining to property of an Iranian financial institution if the property is in the United States, comes within the United States, or is within the possession or control of a citizen or resident of the United States (Sec. 1245). -Prohibits the creation or maintenance of accounts in the United States by foreign financial institutions that the president determines has knowingly conducted or facilitated any "significant" financial transaction with the Central Bank of Iran or another Iranian financial institution (Sec. 1245). -Authorizes military chaplains to refuse to perform a marriage if doing so is "a matter of conscience or moral principle" (Sec. 544).

Legislation - Nonconcurrence Vote Passed (House) - Dec. 7, 2011

Legislation - Bill Passed (Senate) - Dec. 1, 2011

Note:

NOTE: THIS VOTE PASSED BY UNANIMOUS CONSENT, MEANING NO MEMBER OBJECTED TO THE PASSAGE OF THE VOTE. THIS DOES NOT NECESSARILY INDICATE THAT ALL MEMBERS FAVORED THE VOTE'S OUTCOME.

Legislation - Bill Passed (House) - May 26, 2011

Legislation - Introduced (House) - April 14, 2011

Title: National Defense Authorization Act for Fiscal Year 2012