1st Sub.
S.C.R.
11
CONCURRENT RESOLUTION ON THE NATIONAL DEFENSE AUTHORIZATION
ACT
Senate Floor
Amendments
Amendment 1 March 2, 2012 2:09 PM
Senator Curtis S. Bramble proposes the following amendments:
1. Page 1, Lines 10 through 12 :
10 This concurrent resolution of the Legislature and the Governor expresses
{
strong
11 disapproval of }
concerns over
portions of the National Defense Authorization Act for Fiscal Year
12 2012.
2. Page 1, Lines 15 through 18 :
15 . expresses
{
disapproval of
}
concerns over
Sections 1021 and 1022 of the National
Defense
16 Authorization Act for Fiscal Year 2012
{
, which authorizes:
17 . military detention without trial for suspected terrorists; and
18 . trial by military commission or transfer to a foreign country of persons detained } ;
3. Page 1, Line 20 :
20 . urges Congress to
{
repeal or
}
clarify Sections 1021 and 1022 of the National Defense
4. Page 2, Lines 35 through 38 :
35
{
WHEREAS, Section 1021 of the 2012 NDAA states that disposition under the law of
36 war includes detention without trial until the end of hostilities, trial by military commission,
37 and transfer to the custody of the person's country of origin or any other foreign country or
38 entity; }
5. Page 2, Lines 44 through 50 :
44 WHEREAS, there is
{
uncertainty whether
}
disagreement about the impacts of
Sections
1021 and 1022
{
could be used to
45 authorize indefinite military detention of United States citizens, legal permanent residents, and
46 others without charge or trial within the United States } ;
47
{
WHEREAS, Section 1021 could be used to allow the President to determine whether or
48 not a trial, and what type of trial, will be held for those arrested under the authority of the 2012
49 NDAA; }
50 WHEREAS, the indefinite military detention of
{
any person
}
a citizen
in the United States
without
6. Page 2, Lines 53 through 56 :
53 Constitution, Article I, Section 14;
and
54
{
WHEREAS, the indefinite military detention of any person within the United States
55 without trial violates the right to a speedy trial by an impartial jury guaranteed by the United
56 States Constitution, Amendment V and Utah Constitution, Article I, Section 12; and }
7. Page 3, Lines 62 through 67 :
62 Governor concurring therein,
{
expresses strong disapproval of an interpretation and application
63 of Section 1021 or 1022 of the 2012 NDAA that violates a right guaranteed by the United
64 States Constitution and the Utah Constitution.
65 BE IT FURTHER RESOLVED that the Legislature of the State of Utah, the Governor
66 concurring therein, } urges the United States Congress to
{
repeal or
}
clarify Sections 1021 and
67 1022 of the 2012 NDAA to
{
protect
}
ensure protection of
the rights guaranteed by the United
States Constitution and
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