Pennsylvania SB999, An Act prohibiting certain individuals from providing support in the implementation of certain sections of the National Defense Authorization Act of 2012, would prohibit Pennsylvania state employees from providing material support for or participating in the implementation of sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012. It would also require the Attorney General to “to report to the Governor and General Assembly any attempt by agencies or agents of the United States Federal Government to secure the implementation of sections 1021 and 1022 of the National Defense Authorization Act.” As the Tenth amendment Center’s Blake Filippi noted in 2012, these sections of the NDAA for 2012:

provide that the all persons within the USA – including U.S. citizens – whom the President unilaterally determines “substantially supported” the Taliban, Al Qaeda or “Associated forces” may be designated as enemy combatants subject to indefinite detention, extraordinary rendition (the transfer to foreign jurisdiction or entities) or military tribunals. Importantly, there is no knowing and willful requirement to one’s “substantial support.”

In the Co-Sponsorship Memorandum for Pennsylvania Senate Bill SB999, Senator Folmer wrote,

The NDAA of 2012, which was signed into law in December 2011, for the first time in American history provided statutory authority for the President of the United States (and all future presidents) to order the military to seize people – including American citizens anywhere in the world – including here in America (i.e., not necessarily on a battlefield) and detain them indefinitely without providing them due process of law, including many Constitutional rights we hold dear.

I believe the indefinite detention of American citizens or others without providing them due process of law is unconstitutional and illegal, including under the NDAA. Prohibiting state, county, and local agencies from complying with NDAA will protect Pennsylvanians’ due process rights.

Today, we heard from the Republican Liberty Caucus of PA and from Stop NDAA Pennsylvania that the bill may be coming up for a vote in the PA State Senate Intergovernmental Operations Committee on Wednesday, January 15, 2014.

Here’s what you can do:

1. On Monday and Tuesday, call committee members to express your support for SB999. Committee members include:

Stewart Greenleaf, Vice Chair – (717) 787-6599
Joseph Scarnati, Ex‑Officio – (717) 787-7084
David Argall – (717) 787-2637
Mike Folmer – (717) 787-5708
Bob Mensch – (717) 787-3110
Lloyd Smucker – (717) 787-6535

Note that Senators Folmer and Argall are also current cosponsors of the bill. We are told that Senators Greenleaf and Smucker, especially, need to hear from us.

2. Contact your state senator and ask him or her to support this bill and join as a cosponsor.

3. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Encourage them to email this information to their members and supporters.

For More Information

You can read more about the bill here –

and here –

Lois Kaneshiki, of the Republican Liberty Caucus of PA, and the Pennsylvania Tenth Amendment Center’s, Benjamin Gross, discuss the bill here:


And Blake Filippi discussed the NDAA for 2012 at Nullify Now! Philadelphia, here:


 This article first appeared at the Pennsylvania Tenth Amendment Center.

Steve Palmer

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