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Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

Description: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the Congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution.
Date: August 11, 2006
Creator: Elsea, Jennifer K. & Grimmett, Richard F.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

Description: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the Congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution.
Date: January 14, 2003
Creator: Ackerman, David M. & Grimmett, Richard F.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The National Response Framework: Overview and Possible Issues for Congress

Description: In response to the terrorist attacks of September 11, 2001, Congress and the President consolidated numerous federal emergency plans into the National Response Plan (NRP). This report discusses how national response planning documents have evolved over time and describes the authorities that shape the National Response Framework (NRF). Several issue areas that might be examined for potential lawmaking and oversight concerning the NRF are also highlighted.
Date: November 20, 2008
Creator: Lindsay, Bruce R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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 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.
Date: April 28, 2005
Creator: Fisher, Louis
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: August 9, 2004
Creator: Baldwin, Pamela
Item Type: Report
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

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.
Date: May 30, 2003
Creator: Baldwin, Pamela
Item Type: Report
Partner: UNT Libraries Government Documents Department

Proliferation Control Regimes: Background and Status

Description: This report provides background and current status information on multilateral regimes established to restrict trade in nuclear, chemical, and biological weapons and missile technologies, and to monitor their civil applications. Congress may consider the efficacy of these regimes in considering the potential renewal of the Export Administration Act, as well as other proliferation-specific legislation in the 110th Congress.
Date: January 31, 2008
Creator: Nikitin, Mary Beth; Kerr, Paul; Bowman, Steve & Hildreth, Steven A.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Department of Defense Role in Foreign Assistance: Background, Major Issues, and Options for Congress

Description: This report provides background information on and discusses issues related to the DOD's role in providing U.S. foreign assistance and undertaking foreign assistance-type activities. Topics include the types of assistance DOD provides, the authorities under which DOD conducts its programs, and coordination and cooperation mechanisms between DOD and other agencies. The report begins with a brief introduction to the three areas in which DOD plays a role in foreign assistance and to Congress's part in authorizing that role. Next, the report briefly discusses the general evolution of DOD's role and the Department of State's current perception of that role based on current national security needs. The report then provides an overview of the evolution of the DOD role and current activities in the three areas cited above, with a snapshot of the varying perspectives on the DOD roles in these areas. Finally, the report discusses issues that Congress may wish to consider. The appendices provide more detailed information on the current and most significant foreign assistance programs in which DOD plays a role.
Date: August 25, 2008
Creator: Serafino, Nina M.; Dale, Catherine; Grimmett, Richard F.; Margesson, Rhoda; Rollins, John; Salaam-Blyther, Tiaji et al.
Item Type: Report
Partner: UNT Libraries Government Documents Department

U.S. Nuclear Cooperation with India: Issues for Congress

Description: This report discusses the United States' relationship with India as it relates to nuclear arsenals and nuclear nonproliferation policies. The report includes background information on India's nuclear history and nuclear weapons-specific U.S. legislation.
Date: October 2, 2008
Creator: Kerr, Paul K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

NATO in Afghanistan: A Test of the Transatlantic Alliance

Description: This report follows the path of the North Atlantic Treaty Organization's (NATO) evolution in Afghanistan. The first section covers the initial two stages of the International Security Assistance Force's (ISAF) mission, and analyzes key issues in the mission: use of Provincial Reconstruction Teams to stabilize and rebuild the country; overcoming caveats placed by individual allies on the use of their forces; and managing the counter-narcotics effort. The next section of the report examines stages three and four of the ISAF mission which cover roughly the period December 2005 to the present. In this section, the debate to develop a refined mission statement and a new organizational structure is analyzed by looking at issues that are both political and military, such as securing more troops, the treatment of prisoners, and organization of command. By late 2006 as ISAF extended its responsibilities to cover all of Afghanistan, the allies began to realize that ISAF would require a greater combat capability than originally believed, and the mission began to change. This adjustment in mission is discussed through the perspective of several key allies. The final section of the report assesses ISAF's progress to date.
Date: July 18, 2008
Creator: Gallis, Paul & Morelli, Vincent
Item Type: Report
Partner: UNT Libraries Government Documents Department

NATO in Afghanistan: A Test of the Transatlantic Alliance

Description: This report follows the path of NATO's evolution in Afghanistan. The first section covers the initial two stages of ISAF's mission, and analyzes key issues in the mission: use of Provincial Reconstruction Teams to stabilize and rebuild the country; overcoming caveats placed by individual allies on the use of their forces; and managing the counter-narcotics effort. The next section of the report examines stages three and four of the ISAF mission which cover roughly the period December 2005 to the present. In this section, the debate to develop a refined mission statement and a new organizational structure is analyzed by looking at issues that are both political and military, such as securing more troops, the treatment of prisoners, and organization of command. By late 2006 as ISAF extended its responsibilities to cover all of Afghanistan, the allies began to realize that ISAF would require a greater combat capability than originally believed, and the mission would have to change. This adjustment in mission is discussed through the perspective of several key allies. The final section of the report assesses ISAF's progress to date.
Date: October 23, 2008
Creator: Morelli, Vincent & Gallis, Paul
Item Type: Report
Partner: UNT Libraries Government Documents Department

Long-Range Ballistic Missile Defense in Europe

Description: In early 2007, after several years of internal discussions and consultations with Poland and the Czech Republic, the Bush Administration formally proposed to defend against an Iranian missile threat by deploying a ground-based mid-course defense (GMD) element in Europe as part of the global U.S. BMDS (Ballistic Missile Defense System). The system would have included 10 interceptors in Poland, a radar in the Czech Republic, and another radar that would have been deployed in a country closer to Iran, to be completed by 2013 at a reported cost of at least $4 billion. This report is designed to retain background information and analysis of the Bush-proposed European BMD initiative up to the Obama Administration's decision to cancel it.
Date: September 23, 2009
Creator: Hildreth, Steven A. & Ek, Carl
Item Type: Report
Partner: UNT Libraries Government Documents Department