Issue Position: Defense/Veterans

Issue Position

May we never lose sight of their needs in the field and at home

I served in the United States Army, Judge Advocate General Corps, from 1983 to 1987. And I am a member of the House Veterans Affairs Committee, which oversees, monitors and evaluates the Department of Veterans Affairs to ensure that veterans get the benefits that they've earned.

It's important that we fulfill our commitments to our service men and women and their families, all of whom sacrifice dearly on our behalf. As we come to terms with the reality of the fiscal crisis, may we never lose sight of their needs, both in the field and at home.

NDAA detainee language

I am a cosponsor of H.R. 3676 to amend the controversial detainee provisions of the National Defense Authorization Act (NDAA) for Fiscal Year 2012. The legislation would "specifically state that United States citizens may not be detained against their will without all the rights of due process afforded to citizens in a court ordained or established by or under Article III of the Constitution of the United States."

I think it's vitally important that the intent and scope of our laws be crystal clear to all citizens, including the President who enforces those laws. There's been a great deal of discussion and concern regarding the clarity of the language in the recently passed NDAA as to what it allows and what it forbids. And while there are different interpretations, I think that everyone can agree that additional specificity is welcome, especially when it comes to our Constitutional rights, which "…secure the Blessings of Liberty to ourselves and our Posterity..."

To all of the constituents with whom I spoke personally over the recess, as well as those who contacted my office to express their concerns, I am pleased to be able to offer this constructive solution.

FULL BILL TEXT FOLLOWS:

To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012 to specifically state that United States citizens may not be detained against their will without all the rights of due process afforded to citizens in a court ordained or established by or under Article III of the Constitution of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. DUE PROCESS RIGHTS OF UNITED STATES CITIZENS.

(a) Application to Detainee Provisions- Subsection (e) of section 1021 of the National Defense Authorization Act for Fiscal Year 2012 is amended to read as follows:

`(e) Protections-

`(1) UNITED STATES CITIZENS- In applying this section and section 1022, no United States citizen may be detained against his or her will without all the rights of due process afforded to the citizen in a court ordained or established by or under Article III of the Constitution of the United States.

`(2) LAWFUL RESIDENT ALIENS AND OTHER PERSONS IN THE UNITED STATES- Nothing in this section shall be construed to affect existing law or authorities relating to the detention of lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.'.

(b) Effective Date- The amendment made by subsection (a) shall take effect as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.

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