NDAA Includes broad war powers for the President

Latest Title: National Defense Authorization Act for Fiscal Year 2012
Latest Major Action: 5/26/2011 Passed/agreed to in House. Status: On passage Passed by recorded vote: 322 – 96 (Roll no. 375).
112TH CONGRESS
1ST SESSION H. R. 1540
[Report No. 112–78]
To authorize appropriations for fiscal year 2012 for military activities of
the Department of Defense and for military construction, to prescribe
military personnel strengths for fiscal year 2012, and for other purposes.

page 440

16 SEC. 1034. AFFIRMATION OF ARMED CONFLICT WITH AL-
17 QAEDA, THE TALIBAN, AND ASSOCIATED
18 FORCES.
19 Congress affirms that—
20 (1) the United States is engaged in an armed
21 conflict with al-Qaeda, the Taliban, and associated
22 forces and that those entities continue to pose a threat
23 to the United States and its citizens, both domesti
24 cally and abroad;

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1 (2) the President has the authority to use all nec
2 essary and appropriate force during the current
3 armed conflict with al-Qaeda, the Taliban, and asso
4 ciated forces pursuant to the Authorization for Use of
5 Military Force (Public Law 107–40; 50 U.S.C. 1541
6 note);
7 (3) the current armed conflict includes nations,
8 organization, and persons who—
9 (A) are part of, or are substantially sup
10 porting, al-Qaeda, the Taliban, or associated
11 forces that are engaged in hostilities against the
12 United States or its coalition partners; or
13 (B) have engaged in hostilities or have di
14 rectly supported hostilities in aid of a nation,
15 organization, or person described in subpara
16 graph (A); and
17 (4) the President’s authority pursuant to the Au
18  thorization for Use of Military Force (Public Law
19 107–40; 50 U.S.C. 1541 note) includes the authority
20 to detain belligerents, including persons described in
21 paragraph (3), until the termination of hostilities.

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