WASHINGTON (AP) — A massive defense bill is on the brink of final passage after the Obama administration and Congress resolved a fierce struggle over the president’s ability to prosecute terrorist suspects in the civilian justice system.
The House voted 283-136 for the $ 662 billion measure Wednesday night, a rare bipartisan vote that reflected strong support for annual legislation that authorizes money for the men and women of the military as well as weapons systems and the millions of jobs they generate in lawmakers’ districts.
The Senate was expected to clear the bill today and send it to President Barack Obama.
The House vote came just hours after the administration abandoned a veto threat over provisions dealing with the handling of terrorism suspects.
Applying pressure on House and Senate negotiators working on the bill last week, Obama and senior members of his national security team, including Defense Secretary Leon Panetta and Secretary of State Hillary Rodham Clinton, had sought modifications in the detainee provisions.
Negotiators announced the changes late Monday, clearing the way for White House acceptance.
In a statement, press secretary Jay Carney said the new bill “does not challenge the president’s ability to collect intelligence, incapacitate dangerous terrorists and protect the American people.”
Specifically, the bill would require that the military take custody of a suspect deemed to be a member of al-Qaida or its affiliates who is involved in plotting or committing attacks on the United States. There is an exemption for U.S. citizens.
House and Senate negotiators added language that says nothing in the bill will affect “existing criminal enforcement and national security authorities of the FBI or any other domestic law enforcement agency” with regard to a captured suspect “regardless of whether such … person is held in military custody.”
The bill also says the president can waive the provision based on national security.
“While we remain concerned about the uncertainty that this law will create for our counterterrorism professionals, the most recent changes give the president additional discretion in determining how the law will be implemented, consistent with our values and the rule of law, which are at the heart of our country’s strength,” Carney said.
Uncertainty was a major concern of FBI Director Robert Mueller, who expressed serious reservations about the detainee provisions.
Testifying before the Senate Judiciary Committee, Mueller said a coordinated effort by the military, intelligence agencies and law enforcement has weakened al- Qaida and captured or killed many of its leaders, including Osama bin Laden and Anwar al-Awlaki, the U.S.-born radical Islamic cleric. He suggested that the divisive provision in the bipartisan defense bill would deny that flexibility and prove impractical.
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