National Defense Authorization Act for Fiscal Year 2012

The National Defense Authorization Act (NDAA) for Fiscal Year 2012[1][2] (Pub. L. 112–81 (text) (PDF)) is a United States federal law which, among other things, specified the budget and expenditures of the United States Department of Defense. The bill passed the U.S. House on December 14, 2011 and passed the U.S. Senate on December 15, 2011. It was signed into law on December 31, 2011 by President Barack Obama.[3]

In a signing statement, President Obama described the Act as addressing national security programs, Department of Defense health care costs, counter-terrorism within the United States and abroad, and military modernization.[4][5] The Act also imposed new economic sanctions against Iran (section 1245), commissioned appraisals of the military capabilities of countries such as Iran, China, and Russia,[6] and refocused the strategic goals of NATO towards "energy security".[7] The Act increased pay for military service members[8] and gave governors the ability to request the help of military reservists in the event of a hurricane, earthquake, flood, terrorist attack, or other disaster.[9]

The Act contains controversial language allowing the indefinite military detention of persons the government suspects of involvement in terrorism, including U.S. citizens arrested on American soil. Although the White House[10] and Senate sponsors[11] of the Act maintained that the Authorization for Use of Military Force (AUMF) already allowed indefinite detention, the Act "affirms" this authority and makes specific provisions as to its exercise.[12][13] The detention provisions of the Act have received critical attention from the American Civil Liberties Union (ACLU), the Bill of Rights Defense Committee, and media sources which are concerned about the scope of the President's authority.[14][15][16][17] The detention powers contained within the Act face legal challenge.

  1. ^ 112th Congress, 1st Session, H1540CR.HSE: "National Defense Authorization Act for Fiscal Year 2012."
  2. ^ "H.R. 1540 (112th): National Defense Authorization Act for Fiscal Year 2012". govtrack.us. Retrieved 26 July 2014.
  3. ^ Nakamura, David (2 January 2012). "Obama signs defense bill, pledges to maintain legal rights of terror suspects". Washington Post. Retrieved December 31, 2011.
  4. ^ “President Obama's signing statement”, "White House Press Office", December 31, 2011
  5. ^ "Barack Obama: Statement on Signing the National Defense Authorization Act for Fiscal Year 2012". John T. Woolley and Gerhard Peters, The American Presidency Project [online]. December 31, 2011. Retrieved 2012-01-03.
  6. ^ Sections 1232 and 1240.
  7. ^ Section 1233 from H1540CR.HSE: "National Defense Authorization Act for Fiscal Year 2012.".
  8. ^ Cite error: The named reference Howell20110620 was invoked but never defined (see the help page).
  9. ^ "New US law lets reservists respond to disasters". Fox News. Associated Press. 30 August 2012. Retrieved 7 September 2012.
  10. ^ "STATEMENT OF ADMINISTRATION POLICY" (PDF). Office of Management and Budget. 17 November 2011. Retrieved 2011-12-14 – via National Archives.
  11. ^ Knickerbocker, Brad (3 December 2011). "Guantánamo for US citizens? Senate bill raises questions". The Christian Science Monitor. Retrieved December 18, 2011.
  12. ^ Khalek, Rania, "Global Battlefield' Provision Allowing Indefinite Detention of Citizens Accused of Terror Could Pass This Week", Alternet, December 13, 2011.
  13. ^ Library of Congress THOMAS. H.R. 1540 – National Defense Authorization Act for fiscal year 2012 Versions of H.R.1540 Archived 2012-12-16 at the Wayback Machine.
  14. ^ Savage, Charlie (December 1, 2011). "Senate Declines to Clarify Rights of American Qaeda Suspects Arrested in U.S." The New York Times.
  15. ^ Carter, Tom "US Senators back law authorizing indefinite military detention without trial or charge," World Socialist Web Site, December 2, 2011.
  16. ^ "H.R.1540: National Defense Authorization Act for Fiscal Year 2012 – U.S. Congress". OpenCongress. Retrieved 2011-12-14.
  17. ^ "S.1867: National Defense Authorization Act for Fiscal Year 2012 – U.S. Congress". OpenCongress. Retrieved 2011-12-14.