National Defense Authorization for Fiscal Year 2012

Floor Speech

Mrs. MALONEY. Mr. Speaker, I rise today in strong opposition to H.R. 1540, the National Defense Authorization Act for FY 2012. The conference report provisions regarding the treatment of terrorism detainees in U.S. custody contained in the bill simply do not go far enough to ensure that counterterrorism officials have the ability to effectively deal with the threats our country faces, while upholding our constitutional values.

These detainee provisions put into law the authority of the military to indefinitely detain without trial individuals determined to be members or substantial supporters of terrorist organizations. But the bill does not define in clear terms those who are subject to this provision and leaves open the possibility that even American citizens arrested on U.S. soil could be detained indefinitely.

I fully support many provisions in this bill, including those that provide our service members with the pay and equipment they need and deserve. I also strongly support provisions that make much-needed improvements to the sexual assault and harassment policies of the Defense Department, and ensure that victims have access to a military lawyer and maintain their option of confidential reporting even if they seek legal counsel.

But, the language regarding detainees contained in this bill threatens the rights and liberties of American citizens. We must state unequivocally that no American may be arrested on U.S. soil and detained indefinitely without trial. This bill fails that test and compromises our most basic constitutional values.
That is why I vigorously oppose H.R. 1540 and urge my colleagues to join me in a strong ``no'' vote.

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