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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

Permallink:digital.library.unt.edu/ark:/67531/metacrs3772/

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

Permallink:digital.library.unt.edu/ark:/67531/metacrs3919/