Senate Bill S 1867, National Defense Authorization Act for Fiscal Year 2012

This Bill is 680 pages long, but the section of greatest concern is section 1031.  Please read it.  I have listed sections 1031 and 1032 in order to show the contrast between the two.  In section 1032 there is an exemption for US citizens and Resident Aliens, however, this same exemption does not apply to section 1031.  It is easy to read section 1031 thinking that you are not one of those people, so there is no need to worry.  You may even agree that people who engage in the terrorist activities described deserve the measures taken.  However, ask yourself who gets to make the decision whether a person falls into this category or not?  The individual described in this section has not been tried and found guilty and then submitted to the detention described.  Anyone (including US citizens) suspected of these acts can be detained indefinitely without a trial.  Do you have enough faith in the government that innocent citizens won't be apprehended?  Can you live with the fact that they could be locked away indefinitely without charges or a trial if they are?  This section is an egregious attack on the liberties of US citizens and I hope enough people will voice their disapproval to at least have the same exemption as section 1032 amended to section 1031.  There is enough fodder already for us to be dissatisfied with our legislators, do we really want to add a removal of our liberties to that list?

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3 Subtitle D—Detainee Matters

4 SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED

5          FORCES OF THE UNITED STATES TO DETAIN

6          COVERED PERSONS PURSUANT TO THE AU-

7             THORIZATIONFOR USE OF MILITARY FORCE.

8 (a) IN GENERAL.—Congress affirms that the author-

9 ity of the President to use all necessary and appropriate

10 force pursuant to the Authorization for Use of Military

11 Force (Public Law 107–40) includes the authority for the

12 Armed Forces of the United States to detain covered per-

13 sons (as defined in subsection (b)) pending disposition

14 under the law of war.

15 (b) COVERED PERSONS.—A covered person under

16 this section is any person as follows:

17 (1) A person who planned, authorized, com-

18 mitted, or aided the terrorist attacks that occurred

19 on September 11, 2001, or harbored those respon-

20 sible for those attacks.

21 (2) A person who was a part of or substantially

22 supported al-Qaeda, the Taliban, or associated forces

23 that are engaged in hostilities against the United

24 States or its coalition partners, including any person

25 who has committed a belligerent act or has directly

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1 supported such hostilities in aid of such enemy

2 forces.

3 (c) DISPOSITION UNDER LAW OF WAR.—The dis-

4 position of a person under the law of war as described

5 in subsection (a) may include the following:

6 (1) Detention under the law of war without

7 trial until the end of the hostilities authorized by the

8 Authorization for Use of Military Force.

9 (2) Trial under chapter 47A of title 10, United

10 States Code (as amended by the Military Commis-

11 sions Act of 2009 (title XVIII of Public Law 111–

12 84)).

13 (3) Transfer for trial by an alternative court or

14 competent tribunal having lawful jurisdiction.

15 (4) Transfer to the custody or control of the

16 person’s country of origin, any other foreign coun-

17 try, or any other foreign entity.

18 (d) CONSTRUCTION.—Nothing in this section is in-

19 tended to limit or expand the authority of the President

20 or the scope of the Authorization for Use of Military

21 Force.

22 (e) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—

23 The Secretary of Defense shall regularly brief Congress

24 regarding the application of the authority described in this

25 section, including the organizations, entities, and individ-

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1 uals considered to be ‘‘covered persons’’ for purposes of

2 subsection (b)(2).

3 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

4 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF

5 WAR.—

6 (1) IN GENERAL.—Except as provided in para-

7 graph (4), the Armed Forces of the United States

8 shall hold a person described in paragraph (2) who

9 is captured in the course of hostilities authorized by

10 the Authorization for Use of Military Force (Public

11 Law 107–40) in military custody pending disposition

12 under the law of war.

13 (2) COVERED PERSONS.—The requirement in

14 paragraph (1) shall apply to any person whose de-

15 tention is authorized under section 1031 who is de-

16 termined—

17 (A) to be a member of, or part of, al-

18 Qaeda or an associated force that acts in co-

19 ordination with or pursuant to the direction of

20 al-Qaeda; and

21 (B) to have participated in the course of

22 planning or carrying out an attack or attempted

23 attack against the United States or its coalition

24 partners.

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1 (3) DISPOSITION UNDER LAW OF WAR.—For

2 purposes of this subsection, the disposition of a per-

3 son under the law of war has the meaning given in

4 section 1031(c), except that no transfer otherwise

5 described in paragraph (4) of that section shall be

6 made unless consistent with the requirements of sec-

7 tion 1033.

8 (4) WAIVER FOR NATIONAL SECURITY.—The

9 Secretary of Defense may, in consultation with the

10 Secretary of State and the Director of National In-

11 telligence, waive the requirement of paragraph (1) if

12 the Secretary submits to Congress a certification in

13 writing that such a waiver is in the national security

14 interests of the United States.

15 (b) APPLICABILITY TO UNITED STATES CITIZENS

16 AND LAWFUL RESIDENT ALIENS.—

17 (1) UNITED STATES CITIZENS.—The require-

18 ment to detain a person in military custody under

19 this section does not extend to citizens of the United

20 States.

21 (2) LAWFUL RESIDENT ALIENS.—The require-

22 ment to detain a person in military custody under

23 this section does not extend to a lawful resident

24 alien of the United States on the basis of conduct

25 taking place within the United States, except to the

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1 extent permitted by the Constitution of the United

2 States.


Contact your Senators and your Representatives and urge them to amend section 1031 to include an exemption for US citizens and legal Resident Aliens.