National Defense Authorization Act for Fiscal Year 2007

H.R. 5122, also known as the John Warner National Defense Authorization Act for Fiscal Year 2007, was a bill passed in the United States Congress on September 29, 2006 and signed by United States President George W. Bush on October 17, 2006, becoming Public Law 109–364. The House vote was 396 ayes (227 Republicans, 168 Democrats, 1 independent) with 31 nays and 5 present not voting; the Senate vote[1] was 96 ayes (53 Republicans and 42 Democrats), with 0 nays and 4 not voting (2 Republicans and 2 Democrats). H.R. 5122 includes:

John Warner National Defense Authorization Act for Fiscal Year 2007
Great Seal of the United States
Long titleAn Act to authorize appropriations for fiscal year 2007 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 bythe 109th United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 109–364 (text) (PDF)
Statutes at Large120 Stat. 2083 through 120 Stat. 2521
Legislative history
  • Introduced in the House as National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122) by Duncan Hunter (RCA) on April 4, 2006
  • Committee consideration by House Armed Services Committee
  • Passed the House on May 11, 2006 (396–31)
  • Passed the Senate as the John Warner National Defense Authorization Act for Fiscal Year 2007 on June 22, 2006 
  • Reported by the joint conference committee on September 12, 2006; agreed to by the House on September 29, 2006 (398–23) and by the Senate on September 30, 2006 
  • Signed into law by President George W. Bush on October 17, 2006

It was named for Senator John Warner of Virginia.

Amendment to Section 1076 of the law

In 2008, the National Defense Authorization Act for Fiscal Year 2008 struck much of the existing text in section 1076. That same section had been what Naomi Wolf talked about when she commented to Amy Goodman of Democracy Now!: "You don’t make it easier for the President to declare martial law, as we just did with the 2007 Defense Authorization Act."[5] The revised section of the law, section 1068 had one amended section had multiple parts with the same exact text. These sections (as amended, and bolded to show the similar parts) read as follows:

`Sec. 333. Interference with State and Federal law
`The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it--
`(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
`(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.'.[6]

References

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