Obama says the bill makes it easier to transfer detainees from Guantanamo. Obama signs defense bill

President Barack Obama on Thursday signed the 2014 National Defense Authorization Act, which includes reforms to the Pentagon’s policies on sexual assaults in the military, but expressed reservations how the law addresses his efforts to close the military defense facility at Guantanamo Bay, Cuba.

The bill includes two dozen new or modified policies on military sexual assault, including provisions granting victims new legal protections and counseling; barring commanders from having the authority to overturn convictions or reduce sentences; and requiring that those convicted be discharged or dismissed.


In a signing statement released Thursday, Obama pointed to the provisions on military sexual assaults, as well as the fact that the legislation funds pay and bonuses for service members, as reasons he signed the bill, while voicing concerns three pieces of the bill that touch on operations at Guantanamo.

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With the new law, “Congress has taken a positive step” toward easing restrictions that impeded Obama’s ability to transfer detainees out of Guantanamo, he said, but it does not eliminate all the restrictions on foreign transfers that he could like to see come to an end. Section 1035 does not “eliminate all of the unwarranted limitations on foreign transfers and, in certain circumstances, would violate constitutional separation of powers principles.”

The president also objects to section 1033 of the law, which continues to block the use of appropriated funds to build or modify facilities in the United States that would house Guantanamo detainees, and to section 1034, which bars the use of appropriated funds to transfer detainees into the United States for any purpose.

“I oppose these provisions, as I have in years past, and will continue to work with the Congress to remove these restrictions. The executive branch must have the authority to determine when and where to prosecute Guantanamo detainees, based on the facts and circumstances of each case and our national security interests,” he said.

The signing statement does not include comments on military sexual assault, but in a statement released last week, Obama called on Defense Secretary Chuck Hagel and Joint Chiefs of Staff Chairman Martin Dempsey to immediately begin implementing the reforms, giving them until Dec. 1, 2014, to “make substantial improvements with respect to sexual assault prevention and response, including to the military justice system.”

If Obama isn’t satisfied with the progress that’s been made, he said, “then we will consider additional reforms that may be required to eliminate this crime from our military ranks and protect our brave service members who stand guard for us every day at home and around the world.”

The law does not go as far as Sen. Kirsten Gillibrand (D-N.Y.) and some allies had pushed, with an amendment that would have removed decisions about prosecuting sexual assault cases from the military chain of command. Gillibrand has said that Senate Majority Leader Harry Reid (D-Nev.) has agreed to bring the measure to the floor in 2014, but even if it passes in the Senate, it’s not expected to make it through the House.