National Defense Authorization Act for Fiscal Year 2012

The National Defense Authorization Act (NDAA) for Fiscal Year 2012^[1][2] (Pub. L.Tooltip Public Law (United States) 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.