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A fight is brewing in the Senate over the National Defense Policy bill. It would authorize a pay raise and other benefits for U.S. troops. Another provision in the bill about detainees is raising alarm at the White House. The Obama administration says the measure would tie its hands in some terrorism cases. NPR's Carrie Johnson explains.
CARRIE JOHNSON, BYLINE: How's this for topsy-turvy? The Defense Authorization bill is pitting President Obama's National Security advisers against some prominent Democrats in the U.S. Senate. Carl Levin, a lawmaker from Michigan who usually finds himself on the same side as the Obama administration, acknowledged the odd situation.
Levin was asked last week at the Council on Foreign Relations about America's changing role in Iraq and when the defense bill would come up for a vote in the Senate.
SENATOR CARL LEVIN: Amazing to be able to say that a question about Iraq is an easier question to handle than a question about the Defense Authorization bill. That's the situation in the U.S. Senate.
JOHNSON: The bill made it through Levin's Armed Services Committee in June with only one no vote. But since that time, lots of objections have emerged. And Senate Majority Leader Harry Reid, a Democrat from Nevada, says he's holding up a floor vote until the bill gets an overhaul to respond to White House concerns.
One red flag for the administration is language that would automatically send suspects affiliated with al-Qaida into the custody of the U.S. military, not the FBI, unless the president signs a special waiver. The Pentagon's top lawyer, Jeh Johnson, put his fears this way in a recent speech.
JEH JOHNSON: There is risk in permitting and expecting the U.S. military to extend its powerful reach into traditional areas typically reserved for civilian law enforcement in this country.
JOHNSON: Opponents of the idea point out that in Detroit, where the so-called Underwear Bomber landed after his failed attempt to take down an airplane two years ago, there aren't troops ready to take suspects into custody on short notice.
But it's another idea that's really got human rights groups worried, a proposal that they say would let the U.S. military detain terrorism suspects, including American citizens without charges or trial. The advocates released a video that places that idea alongside other regrettable moments in history.
(SOUNDBITE OF VIDEO)
UNIDENTIFIED MAN: During World War II, tens of thousands of American citizens were detained indefinitely. During the McCarthy era, the Internal Security Act authorized detention of people based on suspicion they might be enemies.
JOHNSON: Chris Anders works at the American Civil Liberties Union which helped sponsor the video.
CHRIS ANDERS: This is a really big problem, because once someone is in that kind of indefinite detention, particularly under the control of the military, people could spend literally years trying to get out of it.
SENATOR LINDSEY GRAHAM: We're here because the White House cannot tell the ACLU no.
JOHNSON: That's Senator Lindsey Graham, a Republican from South Carolina on the Senate floor last week. Graham supports the Defense Authorization bill, and he's frustrated by the White House approach.
GRAHAM: This is not the Senate holding up this bill. It's the White House holding up this bill, because they have an irrational view of what we need to be doing with detainees.
JOHNSON: Ben Wittes is a scholar at the Brookings Institution who closely follows national security debates. Wittes says he sympathizes with the Obama administration's concerns about some language in the defense bill. But on the other hand, Wittes says...
BEN WITTES: Congress' desire to participate in the creation of a stable legal framework for the conflict that we're engaged in is laudable and not undesirable.
JOHNSON: The fight could be coming to a head soon. South Carolina's Graham and Arizona Republican Senator John McCain have been pressuring Senate leaders to move forward with a vote on the defense bill because they say a delay could jeopardize salary increases and health benefits for service members. Carrie Johnson, NPR News, Washington.
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