The Facts: H.R. 1540 - The 2012 National Defense Authorization Act (NDAA)
- H.R. 1540 authorizes funds for the Department of Defense for Fiscal Year 2012
- Concerns have surfaced that the NDAA authorizes government officials to hold American citizens suspected of aiding Al Qaeda in military custody indefinitely. This is simply not true, H.R. 1540 specifically states that United States Citizens cannot be detained. In fact, Page 657, Sect. 1022 (b)(1) of the bill says:
“APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL RESIDENT ALIENS. — (1) UNITED STATES CITIZENS. — The requirement to detain a person
in military custody under this section does not extend to citizens of
the United States.”
H.R. 1540 can be accessed Here - H.R. 1540 does not give the President that authority to override the exemption of U.S. citizens from detention.
- H.R. 1540 strengthens existing laws that allow the federal government to indefinitely hold in military custody foreign nationals associated with Al Qaeda who have participated in planning or carrying out an attack against the United States.
I hope this information will help clear up any concerns you might have about H.R. 1540, the 2012 National Defense Authorization Act (NDAA).
Rep. Rick Crawford serves the 1st District of Arkansas. | Congressional Website
Tags: First Congressional District, Arkansas, Representative Rick Crawford, H.R. 1540, 2012 National Defense Authorization Act, NDAA,U.S Citizens To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 8:03 PM - Post Link
3 Comments:
The bill says the "requirement" to detain a person in military custody under this section does not extend to citizens of the United States. It doesn't say a United States citizen "cannot" be detained, only that the military is not required to detain them. It's ambiguous and certainly doesn't prevent the government from doing so. As a matter of fact, it's the belief of the President himself, that the President already has this authority. Jay Carney stated that yesterday!
Then why are there so many conflicting reports and other fellow Congressman are reporting just the contrary and are continuing the fight to prevent this bill fro passing into law ?
Frank,
An excellent question. I for one will be looking at the opinions and answers on this issue.
One point of confusion is that many people believe anyone in the U.S. is an American even if they are not an American citizen.
Also, although seldom addressed, there are ways that a person can forfeit their U.S. citizenship even if born in the U.S. One of those ways is joining a fighting for the military of a foreign government or pledging allegiance to another country just as someone does when they legally immigrate to the USA and take the Oath to become a legal immigrant.
Another way is being born outside of the USA to American parents who are not working in service of the U.S.A. Like children of missionaries, children of people employed in foreign countries, etc. If their children are not brought back to the actual USA by a certain age or within a certain period of time, those children may lose their citizenship. Also if those children declare and revoke any allegiance to the USA, the lose their citizenship -- several rules involved. However, many other people see these people as Americans.
Winston Churchill was not an American. However his mother was an American and if his parents had had taken steps to come live in the USA with Winston within the parameters of the US law, Winston Churchill would have become an American citizen.
Another interesting example is Queen Noor of Jordan (born Lisa Najeeb Halaby; 23 August 1951) is the last wife and widow of King Hussein of Jordan. Since her husband's death in 1999, she has been queen dowager of Jordan. she acquired Jordanian citizenship and renounced her American citizenship at the time of her marriage.
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