National Defense Authorization Act for Fiscal Year 2008
Encyclopedia
The National Defense Authorization Act for Fiscal Year 2008 is a United States
law 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 George W. Bush
instructed the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President." However, his "instruction" is not legally binding, as the President does not decide how laws should be interpreted; the judiciary does. Nor can the President unilaterally change an Act of Congress; only Congress can do that.
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.
or a Congressional committee member.
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.
, especially as they relate to national defense and the war in Iraq. 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:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law to authorize funding for the defense of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and its interests abroad, for military construction, and for national security-related energy programs. In the signing statement, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
instructed the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President." However, his "instruction" is not legally binding, as the President does not decide how laws should be interpreted; the judiciary does. Nor can the President unilaterally change an Act of Congress; only Congress can do that.
Section 841
Establishes a Commission on Wartime Contracting in IraqIraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
and Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. 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
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
, 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 CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
or a Congressional committee member.
Section 1079
Directly deals with communications with the committee on Armed ForcesArmed Forces
Armed Forces is Elvis Costello's third album, his second with the Attractions, and the first to officially credit the Attractions on the cover. It was released in the UK by Radar Records and in the U.S. by Columbia in 1979...
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
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government...
, and contains a sub-section demanding the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
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 executiveUnitary executive theory
The unitary executive theory is a theory of American constitutional law holding that the President controls the entire executive branch. The doctrine is based upon Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.Although that...
, especially as they relate to national defense and the war in Iraq. 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:
- 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 oversightCongressional oversightCongressional oversight refers to oversight by the United States Congress of the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight refers to the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress...
in the permanent establishment of U.S. military bases or the use of government funds to control oil resources in Iraq.
External links
- Text of Presidential Signing Statement from January 28, 2008, from the official website of the White House.
- HR 4986, from Project Vote Smart.
- Full text of H.R. 4986, from Library of Congress.
- HR 4986, from Govtrack; full text
- Issues and Legislation: H.R. 4986, from Military.com Legislative Center.