The National Defense Authorization Act for Fiscal Year 2008 is a law in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

signed by President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...

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

and its interests abroad, for military construction, and for national security-related energy programs. In a controversial

signing statement A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in ''United States Code Congressional and Administrative News'' (USCCAN). ...

, President Bush instructed the

executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In poli ...

to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President".

Section 841

Establishes a Commission on Wartime Contracting in

Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...

and

Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...

. 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 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 in a federation, delegating their individual sovereignty and many po ...

, 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 wrongdoing to a member of the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

or a

Congressional committee A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the ...

member.

Section 904

Outlined under "Title IX - Department of Defense Organization and Management", section 904 deals with the "Management of the Department of Defense". The section defines the requirement "for improving and evaluating the overall efficiency and effectiveness of the business operations of the Department of Defense and achieving an integrated

management system A management system is a set of policies, processes and procedures used by an organization to ensure that it can fulfill the tasks required to achieve its objectives. These objectives cover many aspects of the organization's operations (including ...

for business support areas within the Department of Defense".

Section 1079

Directly deals with communications with the committee on

Armed Forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

in the

U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

and

U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

, 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 is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and othe ...

, and contains a sub-section demanding the

White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...

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."

Section 1822

Section 1822 requires the

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

to "establish a

bipartisan Bipartisanship, sometimes referred to as nonpartisanship, is a political situation, usually in the context of a two-party system (especially those of the United States and some other western countries), in which opposing political parties find co ...

Council of Governors The Council of Governors is a United States council of State governments of the United States, state and Federal government of the United States, federal officials that was established to "advise the United States Secretary of Defense, Secretary of ...

to advise the Secretary of Defense, the

Secretary of Homeland Security The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the U ...

, and the

White House Homeland Security Council The Homeland Security Council (HSC) is an entity within the Executive Office of the President of the United States tasked with advising the President on matters relevant to Homeland Security. The current Homeland Security Advisor is Elizabeth S ...

on matters related to the

National Guard National Guard is the name used by a wide variety of current and historical uniformed organizations in different countries. The original National Guard was formed during the French Revolution around a cadre of defectors from the French Guards. Nat ...

and civil support missions".

State immunity exceptions

The 2004 decision of ''

Cicippio-Puleo v. Islamic Republic of Iran ''Cicippio-Puleo v. Islamic Republic of Iran'' (353 F.3d 1024) was a 2004 case in the United States Court of Appeals for the District of Columbia Circuit related to the Foreign Sovereign Immunities Act (FSIA). The DC Circuit Court ruled that whil ...

'', which the DC Circuit Court ruled that foreign countries known to be supports of

state-sponsored terrorism State-sponsored terrorism is terrorist violence carried out with the active support of national governments provided to violent non-state actors. States can sponsor terrorist groups in several ways, including but not limited to funding terroris ...

could not be sued for private

cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a p ...

under the current

Foreign Sovereign Immunities Act The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign nation ( ...

of 1976, even with the

Flatow Amendment The Flatow Amendment is an amendment to the Foreign Sovereign Immunities Act of 1976 passed in 1996, which allows American victims of terrorism to sue countries that are designated as terrorism sponsors. The legislation establishes that foreign ...

, affected numerous other terrorism-related lawsuits in the court system at the time. Within the NDAA 2008, Congress expanded exceptions to the

state immunity The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules devel ...

protections granted by the Foreign Sovereign Immunities Act. Exceptions were added for

torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...

extrajudicial killing An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...

aircraft sabotage An aircraft is a vehicle that is able to fly by gaining support from the air. It counters the force of gravity by using either static lift or by using the dynamic lift of an airfoil, or in a few cases the downward thrust from jet engines. ...

, and

hostage-taking A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized, such as a relative, employer, law enforcement or government to act, or r ...

, and specifically making foreign countries that backed state-sponsored terrorism liable for the actions of its officials and agents which may be involved in such state-sponsorship.

Signing statement

In signing the law, the Bush administration continued its use of the

to object to parts of laws it viewed as conflicting with what it alleged are the constitutional powers of the

unitary executive The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the Un ...

, especially as they related to national defense and the

war in Iraq This is a list of wars involving the Republic of Iraq and its predecessor states. Other armed conflicts involving Iraq * Wars during Mandatory Iraq ** Ikhwan raid on South Iraq 1921 * Smaller conflicts, revolutions, coups and periphery confli ...

. 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:Froomkin, D
"Bush Thumbs Nose at Congress"
''The Washington Post'', January 30, 2008. *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 Congressional oversight is oversight by the United States Congress over the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, a ...

in the permanent establishment of

U.S. military The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...

bases or the use of government funds to control oil resources in Iraq.

References

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 textIssues and Legislation: H.R. 4986
from Military.com Legislative Center. {{National Defense Authorization Acts U.S. National Defense Authorization Acts Acts of the 110th United States Congress