I am writing as your constituent in the 10th Congressional district of Texas. I oppose H.R.4310 - National Defense Authorization Act for Fiscal Year 2013. If you support the NDAA, I recommend considering and voting for the Smith-Amash Amendment to NDAA, which aims to end the indefinite detention of Americans. In addition to codifying the authority of the military to indefinitely detain terrorism suspects without charge or trial, the FY 2012 NDAA, in section 1022, requires that a category of foreign terrorism suspects be initially held in military custody, absent a presidential waiver. Though the President issued a Presidential Policy Directive limiting the instances in which mandatory military custody applies, future Presidents are not bound by this directive. The Smith-Amash amendment would repeal the FY 2012 NDAA mandatory military custody provision altogether. The right to due process is protected by the Bill of Rights and many Americans have become more aware of the liberties this administration and supporters of the NDAA have destroyed by signing and supporting this bill. I ask you to please vote against the NDAA or consider supporting the Smith-Amash amendment.
This is an automatically-generated response from Congressman McCaul:
Thank you for emailing me with your thoughts and comments. Knowing your views will be very helpful as I continue to work to represent the needs and concerns of the 10th District ofin the United States House of Representatives. I am glad you took an active part in our government by contacting me to share your thoughts, and I appreciate your patience in awaiting a detailed response to your specific concerns.
Every day, I receive a large number of e-mails on a variety of issues. For this reason, I can only respond to those e-mails I receive from residents of the 10th District of Texas. The online form you completed before submitting this e-mail will enable me to know which messages are from citizens of the 10th District. If you are a constituent, please be assured that I will respond to your message as soon as I am able to do so. If you are not a constituent, I would encourage you to contact the Member who represents your area.
Again, thank you for writing. Please feel free to visit my Web site http://mccaul.house.gov/ to follow my work in the House of Representatives.
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Dear Friend: Thank you for contacting me regarding certain provisions of H.R. 1540, the fiscal year 2012 National Defense Authorization Act (NDAA). I welcome your thoughts and comments.
It has been suggested in some press accounts and commentary that certain provisions in this bill would allow the President to detain American citizens within the United States indefinitely if the President brands them as a terrorist. That is simply not accurate.
On December 15, 2011, Congress passed H.R. 1540, which contains two sections (Sections 1031 and 1032) that address the detention of suspected terrorists. Over the past decade, the Bush and Obama Administrations have detained members of terrorist organizations, both at home and abroad, in order to protect our country and our people. The federal courts have affirmed the legality, general and specific, of such detentions. Congress added Sections 1031 and 1032 to the NDAA in order to codify the limits of detention authority.
Section 1031 establishes guidelines to allow U.S. Armed Forces to detain ?covered persons? captured during hostilities as unprivileged enemy combatants, under the laws of war. A ?covered person? is now defined in federal law as a person who planned, authorized, committed, or aided the terrorist attacks of September 11, 2001. Nothing in this section authorizes U.S. Armed Forces to capture and detain U.S. citizens for any other reason.
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 associated forces, and who participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. This section clearly states that this requirement does not extend to citizens of the United States.
These two sections of the NDAA have been the subjects of some controversy. Americans are right to be concerned and vigilant about potential threats to our civil liberties. Please be assured that I and other Members of Congress reviewed Sections 1031 and 1032 of the NDAA very carefully and consulted with respected legal experts before giving bipartisan approval.
Should related detainee provisions come for consideration before the full Senate, you may be certain I will keep your views in mind.
I appreciate hearing from you, and hope that you will not hesitate to contact me on any issue that is important to you.
Sincerely, Kay Bailey Hutchison United States Senator
284 Russell Senate Office Building Washington, DC 20510 202-224-5922 (tel) 202-224-0776 (fax) http://hutchison.senate.gov
PLEASE DO NOT REPLY to this message as this mailbox is only for the delivery of outbound messages, and is not monitored for replies. Due to the volume of mail Senator Hutchison receives, she requests that all email messages be sent through the contact form found on her website at http://hutchison.senate.gov/?p=email_kay .
If you would like more information about issues pending before the Senate, please visit the Senator's website at http://hutchison.senate.gov .? You will find articles, floor statements, press releases, and weekly columns on current events.
September 19, 2012
Dear Ms. Kirkland:
Thank you for contacting me regarding H.R. 3785. I appreciate the benefit of having your views on this matter.
As you may know, H.R. 3785 was introduced by Representative Ron Paul (R-TX) on January 18, 2012. This bill aims to repeal section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (H.R. 1540).
With my support, The National Defense Authorization Act for Fiscal Year 2012 (H.R. 1540) was passed by the House of Representatives on December 14, 2011 , passed by the Senate on December 15, 2011, and was signed into law by the President on December 31, 2011.
I believe strongly that the most fundamental responsibility of government is to provide for a common defense, which is why passage of this legislation was so critical to our national security. At a time when extremist groups such as al Qaeda continue to plot against us, America must fully fund our men and women in uniform.
Regarding the provisions having to do with detainees, there has been some misinformation going around about this bill, mostly because there have been different versions of it. The final version of the bill not only contained protections for US citizens, but states that foreign Al Qaida terrorists caught in the act of invoking violence against Americans can be detained by the military. The bill allows the President to waive military detention and instead hold the terrorist in civilian custody. This has caused some confusion because some reports stated that the waiver in question allows the President to waive the foreign requirement of terrorism suspects. This is not the case.
Additionally, in earlier versions of the bill, it was not clear that US citizens could not be included in the military detainee provision. I assure you that the final bill that passed was changed and includes specific language preventing the detention of US citizens.
The language from the bill is as follows:
Subtitle D. Sect. 1021 (P. 655)
e) Authorities - Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.
H.R. 3785 has been referred to the House Committee on Armed Services, as well as, the House Committee on Foreign Affairs, a committee on which I serve. I will keep your thoughts in mind as we work through this piece of legislation, and will gladly share your thoughts with my colleagues who also serve on these committees. Should H.R. 3785 come to the House floor for a vote, I will consider it with your views in mind.
Once again, thank you for contacting my office. Also, please feel free
to visit my website, www.mccaul.house.gov
Michael T. McCaul
Member of Congress
Michael T. McCaul Member of Congress
Please click McCaul.house.gov
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