My Letter to Congress: H.R.5136 National Defense Authorization Act for Fiscal Year 2011

I am writing as your constituent in the 11th Congressional district of California. I'm tracking H.R.5136 - National Defense Authorization Act for Fiscal Year 2011 using OpenCongress.org, the free public resource website for government transparency and accountability.

Sincerely,
Randy Forsland

Dear Mr. Forsland:

Thank you for writing to me about provisions in the National Defense Authorization Act (NDAA) concerning the military detention of enemy combatants.  I appreciate hearing from you on this important issue.

I was deeply disappointed that the final version of the NDAA did not include important language authored by Senators Mark Udall (D-CO) and Dianne Feinstein (D-CA)  regarding detainees that would have protected civil liberties while helping to keep us safe.  During floor consideration of the NDAA, I voted for an amendment offered by Senator Udall that would have replaced the detainee provisions in the bill with a requirement for the Administration to report to Congress on detention authorities.  Unfortunately, this amendment failed by a vote of 38-60.

I also voted for an amendment offered by Senator Feinstein that would have clarified that mandatory military detention would apply only to terrorist suspects captured outside the United States.  This amendment also failed by a vote of 45-55.

I have now agreed to be a co-sponsor of S.2003, the Due Process Guarantee Act.  This important bipartisan legislation would protect American citizens arrested within the United States from being held indefinitely by the U.S. military.

I strongly oppose any expansion of military detention authority that erodes our civil liberties.  However, I voted for the National Defense Authorization Act because it includes a number of provisions for our troops and their families, including a pay raise requested by President Obama and important health care benefits.

 

Again, thank you for writing.  Please feel free to contact me again about this or other issues of concern to you.

Sincerely,

Barbara Boxer

United States Senator

Please do not respond to this message. If you would like to comment on legislation, please visit my website and use the correspondence form at https://www.boxer.senate.gov/en/contact/policycomments.cfm.

Dear Mr. Forsland:



Thank you for writing to express your concerns about the detention
provisions in the "National Defense Authorization Act for Fiscal Year
2012." I appreciate knowing your views and welcome the opportunity to
respond.



This year's defense authorization bill authorizes funding for the U.S.
Department of Defense. As you know, section 1021 authorizes the U.S.
government to detain suspected terrorists until the end of hostilities,
and section 1022 requires suspected terrorists connected to al Qaeda be
automatically detained in military custody when apprehended.



I strenuously opposed both these provisions during Senate debate and
offered amendments to prohibit the indefinite detention of U.S. citizens
without trial or charge and to clarify that the presumption of military
detention only exists for individuals captured abroad.



Unfortunately, on December 1, 2011, one of my amendments failed by a
vote of 45-55 in the Senate.



I was, however, able to reach a compromise with the authors of the
defense bill to state that no existing law or authorities to detain
Americans are changed by section 1021. While I would have preferred to
have restricted the government's ability to detain U.S. citizens without
charge, this compromise ensures the government's authority in this area
does not expand.



I continue to believe that Congress should explicitly prohibit
indefinite military detention without charge or trial. To that end, I
have introduced the "Due Process Guarantee Act" (S. 2003) to guarantee
that a congressional authorization for military force does not usurp the
right to due process for American citizens apprehended on U.S. soil.



A bipartisan group of senators have cosponsored this important
legislation that will preserve this fundamental American right. The
legislation has been referred to the Judiciary committee where it will
be the subject of an upcoming hearing.



Americans all across the country believe, as you do, that the government
cannot indefinitely detain American citizens inside this country without
trial or charge. Since you cared enough to write me about this
important issue, I'm going to ask for your help. Please continue to
speak out and contact members of Congress urging them to support the
"Due Process Guarantee Act." We need your help.



Once again, thank you for your letter. I am committed to ensuring that
our nation has the appropriate tools to combat terrorism, and committed
to upholding our fundamental constitutional rights. If you have any
additional comments or questions, please do not hesitate to contact my
Washington, D.C. office at (202) 224-3841.



Sincerely yours,


Dianne Feinstein
United States Senator


Further information about my position on issues of concern to California
and the nation are available at my website, Feinstein.senate.gov
. You can also receive electronic
e-mail updates by subscribing to my e-mail list. Click here to sign up.
And please visit
my YouTube , Facebook
and Twitter
for more ways to communicate with
me.