[Congressional Record Volume 157, Number 194 (Friday, December 16, 2011)]
[Extensions of Remarks]
[Page E2288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 1540, NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2012

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                               speech of

                        HON. CAROLYN B. MALONEY-

                              of new york

                    in the house of representatives

                      Wednesday, December 14, 2011

  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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