Smith-Mundt Modernization Act of 2012

The National Defense Authorization Act (NDAA) for Fiscal Year 2013 (short title) is a United States federal law which specifies the budget and expenditures of the United States Department of Defense for Fiscal Year 2013. The full title is An Act to Authorize Appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. This law has been assigned the number PL 112-239.

So as to not have the Act run into the same legal trouble as the 2012 version did, the United States House of Representatives included section 1029, which affirmed the right of habeas corpus and the Constitutional right of due process for American citizens. However, there were criticisms of the Act, especially with regard to a "readiness" and funding for an attack on Iran. Criticism had also been voiced regarding section 1033 of the House bill version which would state that nothing in the Authorization for Use of Military Force (Public Law 107-40) or the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the Authorization for Use of Military Force (Public Law 107-40).

The NDAA for Fiscal Year 2013 passed the House Armed Services Committee 56-5 on May 10. The bill as reported to the House authorizes $554.2 billion in base Pentagon spending and $88.5 billion for overseas contingency operations (OCO). The bill passed the full House on May 18 by a vote of 299-120. The bill was approved by the Senate on December 4, 2012 by a vote of 98-0. The U.S. House of Representatives and the Senate passed the Conference Report on the National Defense Authorization Act for Fiscal Year 2013 in December 2012. The House passed it on December 20, 2012 with a vote of 315 yeas to 107 noes; the Senate passed it on December 21, 2012 with a vote of 81 yeas to 14 noes. President Barack Obama signed the 2013 National Defense Authorization Act on January 2, 2013.

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