STATEMENT OF ADMINISTRATION POLICY
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
S. 1867 -- National Defense Authorization Act for FY 2012
(Sen. Levin, D-MI)
S 3081, Indefinite detention, habeas corpus, posse comitatus, Enemy Belligerent Interrogation Detention Prosecution Act, judge napolitano, freedom watch, john mccain, carl levin, lindsey graham, rand paul, military, arbitrary arrest, us citizen, battlefield, prepper, food storage, weatherproof ammo, suspected terrorist,
Thank you for contacting me regarding the new provisions for detainees proposed in Sections 1031 and 1032 of S. 1253, the National Defense Authorization Act (NDAA) for Fiscal Year 2012. I welcome your thoughts and comments.
Section 1031 of the NDAA establishes guidelines to allow U.S. Armed Forces to detain "covered persons" captured during hostilities as unprivileged enemy combatants, pending disposition under the laws of war. The provision defines a "covered person" as a person who planned, authorized, committed, or aided the terrorist attacks of September 11, 2001. This provision also applies to individuals who support al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners.
Section 1032 requires U.S. Armed Forces to hold in custody as an unprivileged enemy combatant any person who is a member or part of al Qaeda or an affiliated entity, and who participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. The requirement does not extend to citizens of the United States. Also, the Secretary of Defense is authorized to waive required detention.
S. 1253 has passed the Senate Armed Services Committee, and is currently awaiting consideration by the full Senate. Should this legislation be brought to the Senate floor, you may be certain that I will keep your views in mind.
I appreciate hearing from you, and I hope that you will not hesitate to contact me on any issue that is important to you.
Kay Bailey Hutchison
United States Senator
284 Russell Senate Office Building
Washington, DC 20510