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National Defense Authorization Act

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National Defense Authorization Act
Short titleNational Defense Authorization Act
Long titleAn Act to authorize appropriations for fiscal year 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
Enacted byUnited States Congress
CitationsPublic Law 112-81, Public Law 113-66, Public Law 114-92

National Defense Authorization Act. The United States Congress passes the National Defense Authorization Act annually to specify the budget and expenditures of the United States Department of Defense for the upcoming fiscal year, as outlined in the Budget and Accounting Act of 1921 and the National Security Act of 1947. This act is crucial for the United States Armed Forces, including the United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard, as it determines their funding and resource allocation, similar to the Defense Appropriations Act and the Department of Defense Appropriations Act. The National Defense Authorization Act is also closely related to the War Powers Resolution and the Goldwater-Nichols Act, which have significant implications for the United States Secretary of Defense and the Joint Chiefs of Staff.

Introduction

The National Defense Authorization Act is a critical piece of legislation that affects the United States Department of Defense, the United States Department of Energy, and other related agencies, such as the National Security Agency and the Defense Intelligence Agency. It is typically passed by the United States House of Representatives and the United States Senate before being signed into law by the President of the United States, as required by the United States Constitution and the Legislative Branch Appropriations Act. The act is often influenced by the National Defense Strategy, the Quadrennial Defense Review, and the National Military Strategy, which are developed by the United States Department of Defense and the Joint Chiefs of Staff, in consultation with the United States Secretary of State and the United States Secretary of Energy. The National Defense Authorization Act has significant implications for the United States Armed Forces, including the United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard, as well as for the North Atlantic Treaty Organization and other international organizations.

History

The National Defense Authorization Act has its roots in the National Security Act of 1947, which established the United States Department of Defense and the United States Air Force, and the Department of Defense Reorganization Act of 1958, which further reorganized the United States Department of Defense. The act has undergone significant changes over the years, with major revisions in the Goldwater-Nichols Act of 1986 and the National Defense Authorization Act for Fiscal Year 1991, which was signed into law by President George H.W. Bush. The act has also been influenced by major events, such as the September 11 attacks, the War in Afghanistan, and the Iraq War, which have shaped the United States National Security Strategy and the National Defense Strategy. The National Defense Authorization Act has been shaped by the leadership of various United States Secretaries of Defense, including Robert Gates, Leon Panetta, and Chuck Hagel, as well as by the Chairman of the Joint Chiefs of Staff, such as Admiral Mike Mullen and General Martin Dempsey.

Provisions

The National Defense Authorization Act typically includes provisions related to military personnel strengths, military construction, and defense activities of the United States Department of Energy, as well as intelligence activities of the United States Intelligence Community. The act may also include provisions related to acquisition reform, cybersecurity, and counterterrorism, as outlined in the National Counterterrorism Center and the United States Cyber Command. The act often includes funding for specific programs, such as the F-35 Lightning II and the Virginia-class submarine, as well as for research and development activities, such as those conducted by the Defense Advanced Research Projects Agency and the United States Army Research Laboratory. The National Defense Authorization Act may also include provisions related to international cooperation, such as the North Atlantic Treaty Organization and the Association of Southeast Asian Nations, as well as to humanitarian assistance and disaster relief, as provided by the United States Agency for International Development and the United States Department of State.

Controversies

The National Defense Authorization Act has been the subject of controversy over the years, particularly with regards to provisions related to detention and interrogation of enemy combatants, as outlined in the Detainee Treatment Act and the Military Commissions Act. The act has also been criticized for its impact on civil liberties, particularly with regards to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act, which have been the subject of debate and controversy, involving American Civil Liberties Union and the Electronic Frontier Foundation. The National Defense Authorization Act has also been the subject of controversy with regards to its provisions related to LGBT rights, particularly with regards to the Don't Ask, Don't Tell Repeal Act, which was signed into law by President Barack Obama. The act has also been influenced by the Supreme Court of the United States, particularly with regards to decisions such as Hamdan v. Rumsfeld and Boumediene v. Bush, which have significant implications for the United States Department of Justice and the Federal Bureau of Investigation.

Legislative Process

The National Defense Authorization Act is typically introduced in the United States House of Representatives and the United States Senate in the spring of each year, as required by the Congressional Budget Act and the Legislative Branch Appropriations Act. The act is then referred to the House Armed Services Committee and the Senate Armed Services Committee, which hold hearings and mark up the bill, involving United States Secretary of Defense and the Joint Chiefs of Staff. The act is then debated and voted on by the full United States House of Representatives and United States Senate, before being sent to the President of the United States for signature, as outlined in the United States Constitution and the Presidential Succession Act. The National Defense Authorization Act has been influenced by the leadership of various Chairmen of the House Armed Services Committee and Chairmen of the Senate Armed Services Committee, including Buck McKeon and Carl Levin, as well as by the Ranking Members of these committees.

Impact

The National Defense Authorization Act has significant implications for the United States Department of Defense and the United States Armed Forces, including the United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard. The act also has implications for the United States Intelligence Community, including the Central Intelligence Agency, the National Security Agency, and the Defense Intelligence Agency. The National Defense Authorization Act has been influenced by major events, such as the September 11 attacks, the War in Afghanistan, and the Iraq War, which have shaped the United States National Security Strategy and the National Defense Strategy. The act has also been influenced by the leadership of various United States Presidents, including George W. Bush, Barack Obama, and Donald Trump, as well as by the United States Congress, particularly the House Armed Services Committee and the Senate Armed Services Committee. The National Defense Authorization Act is closely related to other laws and regulations, such as the War Powers Resolution, the Goldwater-Nichols Act, and the Defense Appropriations Act, which have significant implications for the United States Department of Defense and the United States Armed Forces. Category:United States federal defense and national security legislation