CQ TODAY ONLINE NEWS – DEFENSE
May 7, 2012 – 3:44 p.m.
Detainee Provisions Could Snag House Panel’s Defense Authorization Bill
By John M. Donnelly, CQ Staff
Republicans in charge of the House Armed Services Committee unveiled on Monday major elements of a $642 billion defense authorization bill for fiscal 2013, key sections of which will rub congressional Democrats and the White House the wrong way.
The provisions that could cause friction include one that would block planned increases in health care fees for certain military retirees, which the Obama administration had hoped to use to reduce the Pentagon’s costs.
Also controversial are proposed restrictions on retirements of Air National Guard planes, another potential money-saver for the administration.
The bill (
The bill also would seek to clarify that U.S. citizens cannot be indefinitely detained in the United States without access to courts, an apparent response to criticism on the right and left that last year’s measure (PL 112-81) authorized the imprisonment of U.S. citizens without charge. But the language has already drawn flak.
The bill “keeps faith with our troops and their families while keeping America ready to face the threats of the future,”
“Given the size of our debt and deficit and growing budgetary pressures, I am concerned that the top-line number is roughly $8 billion over” budget caps imposed by last year’s debt limit law [PL 112-25], Smith said.
On top of the $554 billion, the measure would authorize some $88 billion for war expenses, the committee said.
Smith also took aim at the provision limiting detentions of Americans, which the majority’s statement said “reaffirms the fundamental right to Habeas Corpus of any person detained in the United States pursuant to the 2001 Authorization for the Use of Military Force” law (PL 107-40).
Smith countered that the language merely restates current law, which he said “gives the executive branch too much power.”
Aides said Smith is working with
Supporters of the potential Smith-Amash amendment consider the GOP Armed Services habeas corpus language a distraction, or worse.
Detainee Provisions Could Snag House Panel’s Defense Authorization Bill
“It doesn’t do anything helpful and causes harm by causing confusion about who actually has habeas and when they have it,” said Chris Anders, legislative counsel for the American Civil Liberties Union. “And it tries to undermine support for meaningful reform.”
Another provision would require congressional notification within five days when the administration uses a naval vessel for detention purposes. The Obama administration angered some in Congress last year over what they considered inadequate notification about using a Navy vessel for two months to hold Ahmed Abdulkadir Warsame, who was charged with nine counts related to accusations that he provided support to the al Shabab militant group in Somalia, as well as to Al Qaeda in the Arabian Peninsula, based in Yemen.
The measure would block the administration from increasing enrollment fees for certain participants in the military’s Tricare health care network. President Obama had wanted to increase fees for certain retirees of working age as part of a package of Tricare changes designed to save $12.9 billion over the next five years.
The committee’s pending bill also would prevent the Air Force from retiring C-130 and C-27 transport planes until certain reporting requirements are met. The administration’s proposal to retire these and other Guard planes has caused push-back from governors and members of Congress.
Guantánamo Bay Addressed
Turning to the conflict in Afghanistan and Pakistan, the committee majority plans to bar the release of detainees from Guantánamo Bay, as well as the release, without prior congressional notification, of any third-country nationals held at the Parwan military prison in Afghanistan. The Washington Post reported Monday that the administration has released an undisclosed number of insurgent detainees from Parwan in bids to secure truces with Taliban officials in certain areas. And lawmakers have been concerned for months about reports that the administration has considered taking a similar tack with Guantánamo prisoners.
Also with an eye to the war zone, the panel would bar reimbursing Pakistan for counterterrorism expenses until the Pentagon certifies to Congress that Pakistan is committed to fighting terrorists on its soil and disrupting supply chains for roadside bombs, among other things.
On Iran, the measure would require the administration to put together a plan to bolster U.S. defenses in the Mideast in preparation for a possible conflict with Tehran, and the committee even itemizes the sorts of ships and equipment that should be spelled out in such a plan.
Also to counter Iran, a previously disclosed provision would require deployment before 2016 of a new antimissile site on the U.S. East Coast to combat a potential Iranian missile threat that committee leaders believe could become a reality by 2015. The administration opposes building a third site, but a National Academy of Sciences panel report in April said building it was advisable.
Tim Starks, Emily Cadei and Frank Oliveri contributed to this story.