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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. The report includes an extensive listing and summary of 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 11, 2013
Creator: Elsea, Jennifer K. & Weed, Matthew C.
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in subsequent defense authorization legislation.
Date: March 14, 2016
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 National Defense Authorization Act (NDAA), provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the 2013 NDAA and 2014 NDAA, as well as those found in the competing House and Senate defense authorization bills for FY2015.
Date: June 23, 2014
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues and provides a section-by-section analysis of the detainee provisions in the National Defense Authorization Act for FY2012. It also discusses executive interpretation and implementation of the Act's mandatory military detention provision. Finally, it addresses detainee provisions in the 2013 NDAA, the 2014 NDAA, and the 2015 NDAA.
Date: January 23, 2015
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in subsequent defense authorization legislation, as well as those under consideration during the House and Senate deliberations of the 2016 NDAA.
Date: May 28, 2015
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

War Powers Resolution: Presidential Compliance

Description: Two separate but closely related issues confront Congress each time the President introduces armed forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether or not Congress concurs in the wisdom of the action. A longer-term issue is whether the War Powers Resolution is an appropriate and effective means of assuring congressional participation in actions that might get the United States involved in war.
Date: July 11, 2006
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

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 with additional limitations in their respective rules concerning the use of emergency designations.
Date: October 3, 2001
Creator: Saturno, James V.
Partner: UNT Libraries Government Documents Department