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 Collection: Congressional Research Service Reports
Military Technicians: The Issue of Mandatory Retirement for Non-Dual-Status Technicians

Military Technicians: The Issue of Mandatory Retirement for Non-Dual-Status Technicians

Date: March 28, 2000
Creator: Kapp, Lawrence
Description: This report describes the mandatory retirement provisions for certain “non-dual-status” military technicians contained in the National Defense Authorization Act for Fiscal Year 2000 (P.L. 106-65), discusses the stated rationale behind the policy, and quantifies the impact it will likely have on individual technicians.
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Current Law and Legislative Proposals

The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Current Law and Legislative Proposals

Date: May 30, 2003
Creator: Baldwin, Pamela
Description: This report provides a brief overview of how the Endangered Species Act (ESA)1 and the Migratory Bird Treaty Act (MBTA)2 and their relevant regulations may apply to military training and readiness activities of the Department of Defense (DOD). Military activities may “take” protected creatures directly (e.g,. killing with ordnance during rifle, gunnery or assault drills), or might destroy habitat (e.g., artillery or bombing practices), even if these results are not the purpose of the activities. The applicability of the MBTA and ESA to military readiness activities has been controversial recently and legislation has been enacted in both the 107th and 108th Congresses on these topics.
Contributing Partner: UNT Libraries Government Documents Department
Congressional Use of Funding Cutoffs Since 1970 Involving U.S. Military Forces and Overseas Deployments

Congressional Use of Funding Cutoffs Since 1970 Involving U.S. Military Forces and Overseas Deployments

Date: January 10, 2001
Creator: Grimmett, Richard F
Description: This report provides background information on major instances, since 1970, when Congress has utilized funding cutoffs to compel the withdrawal of United States military forces from overseas military deployments. It also highlights key efforts by Congress to utilize the War Powers Resolution, since its enactment in 1973, to compel the withdrawal of U.S. military forces from foreign deployments. In this review, legislation expressing the “sense of the Congress” regarding U.S. military deployments is not addressed.
Contributing Partner: UNT Libraries Government Documents Department
Emergency Spending: Statutory and Congressional Rules

Emergency Spending: Statutory and Congressional Rules

Date: October 3, 2001
Creator: Saturno, James V
Description: Under the Budget Enforcement Act (BEA), there are statutory limits (caps) on the level of federal discretionary spending, enforced by across-the-board spending cuts, known as a sequester. If, however, spending is designated as emergency by both the President and Congress, it will not trigger a sequester, because the caps are adjusted automatically by an amount equal to the emergency spending. Since the BEA was first enacted in 1990, both the House and Senate have supplemented its provisions with additional limitations in their respective rules concerning the use of emergency designations.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: January 30, 2003
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 15, 2004
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: February 24, 2005
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 31, 2005
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Citizens

Detention of U.S. Citizens

Date: April 28, 2005
Creator: Fisher, Louis
Description: In 1971, Congress passed legislation to repeal the Emergency Detention Act of 1950 and to enact the following language: “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” The new language, codified at 18 U.S.C. §4001(a), is called the Non-Detention Act. This statutory provision received attention after the 9/11 terrorist attacks when the Administration designated certain U.S. citizens as “enemy combatants” and claimed the right to detain them indefinitely without charging them, bringing them to trial, or giving them access to counsel. In litigation over Yaser Esam Hamdi and Jose Padilla, both designated enemy combatants, the Administration has argued that the Non-Detention Act restricts only imprisonments and detentions by the Attorney General, not by the President or military authorities.
Contributing Partner: UNT Libraries Government Documents Department
Homosexuals and U.S. Military Policy: Current Issues

Homosexuals and U.S. Military Policy: Current Issues

Date: February 10, 2005
Creator: Burrelli, David F & Dale, Charles V
Description: This report discusses policy towards homosexuals in the U.S. military service. In 1993, new laws and regulations pertaining to homosexuals and U.S. military service came into effect reflecting a compromise in policy. This compromise, colloquially referred to as “don’t ask, don’t tell,” holds that the presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability. Service members are not to be asked about nor allowed to discuss their homosexuality. This compromise notwithstanding, the issue has remained politically contentious.
Contributing Partner: UNT Libraries Government Documents Department
S.Res. 445: Senate Committee Reorganization for Homeland Security and Intelligence Matters

S.Res. 445: Senate Committee Reorganization for Homeland Security and Intelligence Matters

Date: October 15, 2004
Creator: Rundquist, Paul S & Davis, Christopher M
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Antiterrorism and Effective Death Penalty Act of 1996: A Summary

Antiterrorism and Effective Death Penalty Act of 1996: A Summary

Date: June 3, 1996
Creator: Doyle, Charles
Description: The Antiterrorism and Effective Death Penalty Act of 1996 is the product of legislative efforts stretching back well over a decade and stimulated to passage in part by the tragedies in Oklahoma City and the World Trade Center. This report summarizes the six titles of the Act, its sources, and related legislation.
Contributing Partner: UNT Libraries Government Documents Department
Terrorism: U.S. Response to Bombings in Kenya and Tanzania: A New Policy Direction?

Terrorism: U.S. Response to Bombings in Kenya and Tanzania: A New Policy Direction?

Date: September 1, 1998
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism and National Security: Issues and Trends

Terrorism and National Security: Issues and Trends

Date: May 12, 2003
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism and National Security: Issues and Trends

Terrorism and National Security: Issues and Trends

Date: June 6, 2003
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism and National Security: Issues and Trends

Terrorism and National Security: Issues and Trends

Date: July 29, 2003
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism and National Security: Issues and Trends

Terrorism and National Security: Issues and Trends

Date: September 8, 2003
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism and National Security: Issues and Trends

Terrorism and National Security: Issues and Trends

Date: October 2, 2003
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism and National Security: Issues and Trends

Terrorism and National Security: Issues and Trends

Date: July 6, 2004
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism and National Security: Issues and Trends

Terrorism and National Security: Issues and Trends

Date: December 21, 2004
Creator: Perl, Raphael F
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Military Tribunals: The Quirin Precedent

Military Tribunals: The Quirin Precedent

Date: March 26, 2002
Creator: Fisher, Louis
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: January 18, 2005
Creator: Elsea, Jennifer K
Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Contributing Partner: UNT Libraries Government Documents Department
Terrorism in Southeast Asia

Terrorism in Southeast Asia

Date: November 18, 2003
Creator: Manyin, Mark E; Cronin, Richard P; Niksch, Larry A & Vaughn, Bruce
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Terrorism in Southeast Asia

Terrorism in Southeast Asia

Date: August 13, 2004
Creator: Manyin, Mark E; Chanlett-Avery, Emma; Cronin, Richard P; Niksch, Larry A & Vaughn, Bruce
Description: None
Contributing Partner: UNT Libraries Government Documents Department
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