Actions from the White House and Senate leading to the vote[edit]
The White House threatened to veto the Senate version of the Act,
[12] arguing in an executive statement on November 17, 2011, that while "the authorities granted by the
Authorization for Use of Military Force Against Terrorists, including the detention authority ... are essential to our ability to protect the American people ... (and) Because the authorities codified in this section already exist, the Administration does not believe codification is necessary and poses some risk".
The statement furthermore objected to the mandate for "military custody for a certain class of terrorism suspects", which it called inconsistent with "the fundamental American principle that our military does not patrol our streets".
[12] The White House may now waive the requirement for military custody for some detainees following a review by appointed officials including the
Attorney General, the secretaries of state, defense and homeland security, the chairman of the military's Joint Chiefs of Staff and the director of national intelligence.
[34]
During debate within the Senate and before the Act's passage, Senator
Mark Udall introduced an amendment interpreted by the
ACLU[16] and some news sources
[35] as an effort to limit military detention of American citizens indefinitely and without trial. The amendment proposed to strike the section "Detainee Matters" from the bill, and replace section 1021 (then titled 1031) with a provision requiring the Administration to clarify the Executive's authority to detain suspects on the basis of the 2001
Authorization for Use of Military Force Against Terrorists.
[36] The amendment was rejected by a vote of 60–38 (with 2 abstaining).
[37] Udall subsequently voted for the Act in the
joint session of Congress that passed it, and though he remained "extremely troubled" by the detainee provisions, he promised to "push Congress to conduct the maximum amount of oversight possible".
[35]
The Senate later adopted by a 98 to 1 vote a compromise amendment, based upon a proposal by Senator
Dianne Feinstein, which preserves current law concerning U.S. citizens and lawful resident aliens detained within the United States.
[38] After a Senate–House compromise text explicitly ruled out any limitation of the President's authorities, but also removed the
requirement of military detention for terrorism suspects arrested in the United States, the White House issued a statement saying that it would not veto the bill.
[39]
In his
Signing Statement, President Obama explained: "I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed ... I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists".
[40]
National Defense Authorization Act for Fiscal Year 2012 - Wikipedia