The National Defense Authorization Act (S. 1197), is an annual bill that oversees spending by the Department of Defense. Many different military-related items are included that provide for the safety and security of the nation and the soldiers who defend it, making it a “must-pass” bill.
Similar to past years, related non-spending provisions are often added to the NDAA and this year, sections 1031, 1032 and 1033, pertain to the transfer of detainees being held at Guantanamo Bay:
- Section 1031 streamlines the process of transferring detainees if they have been deemed no longer a threat to the United States, or if transfer is in the national security interest of the US;
- Section 1032 allows for temporary transfer of a detainee for medical treatment when that treatment is required to prevent substantial injury or damage or death, and it would be extremely costly to treat the individual at Guantanamo;
- Section 1033 reinvigorates the right to trial and permits the transfer of a detainee to US soil for trial in a federal court if it is in the national security interest of the United States.
These are important provisions that reflect our strong belief in striking a balance between national security and civil liberties. The Commission of Social Action has strong policy that calls for the closure of the detention center and the Union for Reform Judaism has long been a voice against the use of torture.
The Senate debated amendments on the NDAA late last month, with intense discussion on the Guantanamo provisions. Ultimately, two amendments that would have either fully nullified the language in the NDAA, or would have weakened them were both voted down. Barring any surprises when the Senate is back in session, the Guantanamo provisions outlined above will be in the bill the Senate will hopefully pass before the end of the year.
The Senate is also expected to consider amendments to the NDAA regarding military sexual assault, an issue that gained new momentum since a Pentagon report was issued earlier this year stating that at least 26,000 sexual assaults had occurred in the military from 2011 to 2012. Senator Kirsten Gillibrand (D-NY) has been advocating that her bill, the Military Justice Improvement Act, be added to the NDAA as an amendment. For any amendment to be incorporated into the bill, it needs the support of sixty senators, a challenge for Gillibrand. Senator Claire McCaskill (D-MO) was considering adding her own bill, the Victim Protection Act, to the NDAA, but has decided to introduce it as a standalone bill when the Senate goes back into session on December 9.
Both Senator Gillibrand’s bill, which takes reporting responsibility out of the chain of command, and Senator McCaskill’s bill, which reforms the sentencing structure of sexual assault convictions, constitute serious and considerable changes to the way military sexual assault is dealt with.
The fundamental Jewish notion of b’tzelem Elohim, that we are all created in the image of God, instructs us to look on all human beings with dignity and respect. In passing the NDAA with provisions regarding the detainees at Guantanamo Bay and other provisions reflecting the inherent dignity to which every person is entitled, we will be one step closer to ensuring that our nation lives up to its highest aspirations and values.
Urge your Senators to support the Guantanamo provisions in the National Defense Authorization Act. Take action here.