Bill Text: HI HCR115 | 2012 | Regular Session | Amended

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Bill Title: Indefinite Military Detention; National Defense Authorization Act; Authorization for Use of Military Force; War; Terrorism

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2012-04-27 - (H) Resolution adopted in final form. [HCR115 Detail]

Download: Hawaii-2012-HCR115-Amended.html

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STAND. COM. REP. NO.  1432-12

 

Honolulu, Hawaii

                , 2012

 

RE:   H.C.R. No. 115

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Public Safety & Military Affairs, to which was referred H.C.R. No. 115 entitled:

 

"HOUSE CONCURRENT RESOLUTION URGING THE UNITED STATES CONGRESS TO REPEAL THE MANDATORY MILITARY DETENTION AND INDEFINITE DETENTION PROVISIONS OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 AND AMEND THE AUTHORIZATION FOR USE OF FORCE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to urge the United States Congress to:

 

(1)  Restore the system of checks and balances in the United States by repealing Section 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012;

 

(2)  Amend the Authorization for Use of Military Force and the National Defense Authorization Act for Fiscal Year 2012 to prevent military detentions within the United States of civilians and to clarify Congress and the President's respective powers to declare war and deploy troops; and

 

(3)  Amend the Authorization for Use of Military Force to expire upon the end of the current combat operations in Afghanistan.

 

     The American Civil Liberties Union of Hawaii, Japanese American Citizens League, and two individuals testified in support of this measure.

 

     According to this measure, there is substantial public debate and uncertainty as to whether portions of the National Defense Authorization Act for Fiscal Year 2012 may be interpreted to repeal the Posse Comitatus Act, 18 United States Code, Section 1385, which prohibits the use of the United States military as law enforcement without express Constitutional authority or an act of Congress.  This raises the concern that the Defense Authorization Act may authorize indefinite military detention within the United States, without charge or trial, of legal permanent residents and others residing in the United States.  This measure is intended to urge Congress to prevent the United States Armed Forces from investigating, arresting, detaining, or trying any person not subject to the Uniform Code of Military Justice already within the United States and to prevent the United States Armed Forces from militarily detaining, without charge or trial, any civilian captured off any battlefield.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 115 and recommends that it be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety & Military Affairs,

 

 

		____________________________ HENRY J.C. AQUINO, Chair