Dear XXXX,
Thank you for contacting me about provisions related to the detainment of suspected terrorists the National Defense Authorization Act (NDAA) of 2012.
Many constituents have contacted me with their concerns that NDAA 2012 contains provisions that may allow U.S. citizens to be detained indefinitely in the same manner as al-Qaeda terrorists. Like you, I was greatly concerned by this potential violation of the United States Constitution.
You will be glad to know that the provisions of NDAA 2012 that are of concern have been removed from the bill. Through bipartisan, bicameral negotiation, Congress has reworked the portions of this bill related to detention and trial of Taliban and al-Qaeda terrorists so that there is a clear exclusion for all U.S. citizens. NDAA 2012 explicitly exempts U.S. citizens from the constitutional concerns that we both share while empowering our military and law enforcement officers to continue to pursue those non-citizens who wish to do us harm. The language of this exemption, found in Section 1022(b)(1), reads: "The requirement to detain a person in military custody under this section does not extend to citizens of the United States."
I am glad that Congress has found a way to protect the American people from foreign terrorists while maintaining the constitutional rights we cherish. These are two of the foremost duties that Congress has.
If you would like to stay connected to our office with updates on the latest news, legislation, and other useful information, please sign up for my e-newsletter on my website,
http://www.guthrie.house.gov. Thank you again for your communication and please do not hesitate to contact my office with any future questions or comments.
Sincerely,
Brett Guthrie
Member of Congress