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04/23/2024 09:43 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=18668
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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: June 29, 2015 03:57 PM
From: Senator Mike Folmer
To: All Senate members
Subject: NDAA Non-Compliance
 
Shortly, I plan to re-introduce legislation (SB 999 of last session) to require state, county, and local agencies officials when acting in their official capacities to refuse to comply with the requirements or to provide any form of support for the 2012 National Defense Authorization Act (NDAA) pertaining to the “indefinite detention” of certain persons by the United States government. A number of other states have taken similar action – including Wyoming, the model for my legislation.

The NDAA is an annual federal law establishing the budget and expenditures of the United States Department of Defense. Each year's act also includes the enactment of various other laws relating to the defense of our country.

Every year there is a new NDAA signed into law. New laws are added and some laws are amended or removed from year to year. Since 2012 the NDAA has had a law in place which allows the United States President to order the military to seize people – including American citizens anywhere in the world – including here in America (i.e., not necessarily on a battle field) and detain them indefinitely without providing them due process of law.

During the Bush administration, similar claims of worldwide detention authority were used to hold a US citizen detained on US soil in military custody without affording him the same due process rights that all Americans are guaranteed under the Constitution. Some assert the NDAA can be used in the same way again.

Exempting Pennsylvania from the 2012 NDAA law is an important first step in protecting American’s rights of due process. Prohibiting state, county, and local agencies from complying with NDAA will protect Pennsylvanians’ due process rights.

Thank you.



Introduced as SB1111