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

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.
Date: March 28, 2000
Creator: Kapp, Lawrence
Partner: UNT Libraries Government Documents Department
open access

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

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… more
Date: May 30, 2003
Creator: Baldwin, Pamela
Partner: UNT Libraries Government Documents Department
open access

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

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 deployment… more
Date: January 10, 2001
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department
open access

Emergency Spending: Statutory and Congressional Rules

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 wit… more
Date: October 3, 2001
Creator: Saturno, James V.
Partner: UNT Libraries Government Documents Department
open access

Detention of American Citizens as Enemy Combatants

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 de… more
Date: January 30, 2003
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Detention of American Citizens as Enemy Combatants

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 de… more
Date: March 15, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Detention of American Citizens as Enemy Combatants

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 op… more
Date: February 24, 2005
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Detention of American Citizens as Enemy Combatants

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 op… more
Date: March 31, 2005
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Detention of U.S. Citizens

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 … more
Date: April 28, 2005
Creator: Fisher, Louis
Partner: UNT Libraries Government Documents Department
open access

Homosexuals and U.S. Military Policy: Current Issues

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 discipl… more
Date: February 10, 2005
Creator: Burrelli, David F. & Dale, Charles V.
Partner: UNT Libraries Government Documents Department
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Antiterrorism and Effective Death Penalty Act of 1996: A Summary

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.
Date: June 3, 1996
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

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 M… more
Date: January 18, 2005
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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