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For other uses of HR4986, see HR 4986.

The National Defense Authorization Act for Fiscal Year 2008 is a law in the United States signed by President George W. Bush on January 28, 2008. As a bill it was H.R. 4986 in the 110th Congress. The overall purpose of the law is to authorize funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs. In the signing statement, President Bush instructs the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President."

Contents

Section 841

Establishes a Commission on Wartime Contracting in Iraq and Afghanistan. This commission would study federal agency contracting for reconstruction, the logistical support of coalition forces, and the performance of security functions in Iraq and Afghanistan. Some of the most important duties of this commission would be to assess the extent of potential violations of laws of war, Federal law, or other legal precedents as well as assess the extent of waste, fraud, and abuse under federal contracts. These provisions could be the basis for bringing criminal or civil charges against agencies under the executive branch.

Section 846

Provides protection for contractor employees who wish to disclose wrong-doing to a member of the United States Congress or a Congressional committee member.

Section 1079

Directly deals with communications with the committee on Armed Forces in the U.S. Senate and U.S. House of Representatives, in which either the Senate or House could request an intelligence assessment, report, estimate, or legal opinion from the director of a national intelligence center. The section accounts for the possibility of the President invoking executive privilege, and contains a sub-section demanding the White House Counsel prepare a legitimate reason for invoking privilege.

Section 1222

Limits spending and funding for certain purposes relating to Iraq, "(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq. (2) To exercise United States control of the oil resources of Iraq."

Signing statement

In signing the law, the Bush administration continues its use of the signing statement to object to parts of laws it views as conflicting with what it alleges are the constitutional powers of the unitary executive, especially as they relate to national defense and the war in Iraq.[1] The following Sections of the law referenced in the signing statement are listed, along with the possible impact of being mentioned in the signing statement:[2]

  • Section 841: May reduce oversight of contractual abuse in Iraq and Afghanistan.
  • Section 846: Possibly limits protection to contractor employees when disclosing improper actions of the employer.
  • Section 1079: Could limit how much intelligence information Congress can demand from intelligence officials.
  • Section 1222: May limit Congressional oversight in the permanent establishment of U.S. military bases or the use of government funds to control oil resources in Iraq.

See also

References

  1. ^ Lou Fisher, Presidential War Power, 2nd ed. University of Kansas Press, 2007.
  2. ^ Froomkin, D. "Bush Thumbs Nose at Congress", The Washington Post, January 30, 2008.

External links


Source material

Up to date as of January 22, 2010

From Wikisource

←Public Law 110-180 Public Law 110-181
by the 110th Congress of the United States
National Defense Authorization Act for Fiscal Year 2008		 Public Law 110-182→
Pub.L. 110−181, 122 Stat. 3, H.R. 4986, enacted January 28, 2008.
Note: This is the original legislation as it was initially enacted. Like many laws, this statute may have since been amended once or many times, and the text contained herein may no longer be legally current. Follow the interlinks within the content or check to see What Links Here for more.


110TH UNITED STATES CONGRESS
2ND SESSION

An Act

To provide for the enactment of the National Defense Authorization Act for Fiscal Year 2008, as previously enrolled, with certain modifications to address the foreign sovereign immunities provisions of title 28, United States Code, with respect to the attachment of property in certain judgments against Iraq, the lapse of statutory authorities for the payment of bonuses, special pays, and similar benefits for members of the uniformed services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.

(a) Short Title—
This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2008´´.
(b) Explanatory Statement—
The Joint Explanatory Statement submitted by the Committee of Conference for the conference report to accompany H.R. 1585 of the 110th Congress (Report 110-477) shall be deemed to be part of the legislative history of this Act and shall have the same effect with respect to the implementation of this Act as it would have had with respect to the implementation of H.R. 1585, if such bill had been enacted.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions—
This Act is organized into three divisions as follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.
(b) Table of Contents—
The table of contents for this Act is as follows:
Sec. 1. Short Title; Treatment of Explanatory Statement.
Sec. 2. Organization of Act into Divisions; Table of Contents.
Sec. 3. Congressional Defense Committees.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Subtitle B—Army Programs
Subtitle C—Navy Programs
Subtitle D—Air Force Programs
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Subtitle B—Program Requirements, Restrictions, and Limitations
Subtitle C—Ballistic Missile Defense
Subtitle D—Other Matters
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Subtitle B—Environmental Provisions
Subtitle C—Workplace and Depot Issues
Subtitle D—Extension of Program Authorities
Subtitle E—Reports
Subtitle F—Other Matters
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Subtitle B—Reserve Forces
Subtitle C—Authorization of Appropriations
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Subtitle B—Reserve Component Management
Subtitle C—Education and Training
Subtitle D—Military Justice and Legal Assistance Matters
Subtitle E—Military Leave
Subtitle F—Decorations and Awards
Subtitle G—Impact Aid and Defense Dependents Education System
Subtitle H—Military Families
Subtitle I—Other Matters
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Subtitle B—Bonuses and Special and Incentive Pays
Subtitle C—Travel and Transportation Allowances
Subtitle D—Retired Pay and Survivor Benefits
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits
Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus Authorities
Subtitle G—Other Matters
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Improvements to Military Health Benefits
Subtitle B—Studies and Reports
Subtitle C—Other Matters
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 800. Short Title.
Subtitle A—Acquisition Policy and Management
Subtitle B—Provisions Relating to Major Defense Acquisition Programs
Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations
Subtitle D—Accountability in Contracting
Subtitle E—Acquisition Workforce Provisions
Subtitle F—Contracts in Iraq and Afghanistan
Subtitle G—Defense Materiel Readiness Board
Subtitle H—Other Matters
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Department of Defense Management
Subtitle B—Space Activities
Subtitle C—Chemical Demilitarization Program
Subtitle D—Intelligence-Related Matters
Subtitle E—Roles and Missions Analysis
Subtitle F—Other Matters
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Subtitle B—Policy Relating to Vessels and Shipyards
Subtitle C—Counter-Drug Activities
Subtitle D—Miscellaneous Authorities and Limitations
Subtitle E—Reports
Subtitle F—Other Matters
TITLE XI—CIVILIAN PERSONNEL MATTERS
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Subtitle B—Matters Relating to Iraq and Afghanistan
Subtitle C—Iraq Refugee Crisis
Subtitle D—Other Authorities and Limitations
Subtitle E—Reports
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Subtitle B—National Defense Stockpile
Subtitle C—Armed Forces Retirement Home
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
TITLE XVI—WOUNDED WARRIOR MATTERS
Sec. 1601. Short Title.
Sec. 1602. General Definitions.
Sec. 1603. Consideration of Gender-specific Needs of Recovering Service Members and Veterans.
Subtitle A—Policy on Improvements to Care, Management, and Transition of Recovering Service Members
Subtitle B—Centers of Excellence in the Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury, Post-Traumatic Stress Disorder, and Eye Injuries
Subtitle C—Health Care Matters
Subtitle D—Disability Matters
Subtitle E—Studies and Reports
Subtitle F—Other Matters
TITLE XVII—VETERANS MATTERS
TITLE XVIII—NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short Title.
Subtitle A—National Guard Bureau
Subtitle B—Additional Reserve Component Enhancement
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short Title.
Sec. 2002. Expiration of Authorizations and Amounts Required to be Specified by Law.
TITLE XXI—ARMY
TITLE XXII—NAVY
TITLE XXIII—AIR FORCE
TITLE XXIV—DEFENSE AGENCIES
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing Changes
Subtitle B—Real Property and Facilities Administration
Subtitle C—Land Conveyances
Subtitle D—Energy Security
Subtitle E—Other Matters
TITLE XXIX—WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION AUTHORIZATIONS
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Subtitle B—Program Authorizations, Restrictions, and Limitations
Subtitle C—Other Matters
Subtitle D—Nuclear Terrorism Prevention
TITLE XXXII—WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION AUTHORIZATIONS
TITLE XXXIII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
TITLE XXXIV—NAVAL PETROLEUM RESERVES
TITLE XXXV—MARITIME ADMINISTRATION
Subtitle A—Maritime Administration Reauthorization
Subtitle B—Programs
Subtitle C—Technical Corrections

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ``congressional defense committees´´ has the meaning given that term in section 101(a)(16) of title 10, United States Code.


Approved January 28, 2008.

Legislative History








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