Inherently Governmental Functions And Department Of Defense Operations

Author : John R. Luckey
Publisher : DIANE Publishing
Page : 60 pages
File Size : 46,5 Mb
Release : 2010
Category : Technology & Engineering
ISBN : 9781437918854

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Inherently Governmental Functions and Department of Defense Operations by John R. Luckey Pdf

An ¿inherently governmental function¿ is one that, as a matter of law and policy, must be performed by fed. gov¿t. employees and cannot be contracted out because it is ¿intimately related to the public interest.¿ This report provides background, issues, and options for Congress on defining inherently governmental functions within the context of U.S. Dept. of Defense (DoD) operations. The report focuses upon DoD because of the specific functions that it performs; its prominent role in fed. contracting; its unique workforce, which consists of military and civilian personnel; and recent allegations that DoD, among other agencies, has improperly contracted out inherently governmental functions. Charts and tables.

Author : Anonim
Publisher : Unknown
Page : 58 pages
File Size : 42,6 Mb
Release : 2009
Category : Contracting out
ISBN : OCLC:426044042

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Inherently Governmental Functions and Department of Defense Operations by Anonim Pdf

An "inherently governmental function" is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is "intimately related to the public interest." Concerned that the existence of multiple and/or inconsistent definitions of "inherently governmental functions" might be partly responsible for the alleged contracting out of inherently governmental functions by the Department of Defense (DOD) and other agencies, the 110th Congress enacted legislation (P.L. 110-417) requiring the Office of Management and Budget (OMB) to develop a "single consistent definition" of "inherently governmental functions." This definition is to "ensure that the head of each ... agency is able to identify each position within that department or agency that exercises an inherently governmental function." Congress has several options if it is concerned that deficiencies in the existing definitions of inherently governmental functions may lead agencies to improperly contract out inherently governmental functions. Options include (1) relying upon recent statutory changes and/or the policies of the Obama Administration, which proposes to limit contracting out generally, to effect desired changes in agency contracting; (2) changing the existing definition of "inherently governmental functions"; (3) placing limits on contracting out or use of appropriated funds; (4) addressing structural factors potentially prompting agencies to rely on contractors; (5) providing for more effective oversight of executive branch contracting decisions; and (6) focusing more on questions of contracting policy (i.e., what functions should the government perform?) than on contracting law (i.e., what functions must the government perform?).

Author : Warren R. Anderson
Publisher : DIANE Publishing
Page : 140 pages
File Size : 52,9 Mb
Release : 1994
Category : Electronic
ISBN : 0788103733

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Government Contractors by Warren R. Anderson Pdf

Reviews the use of contract consultants by federal agencies. Discusses a broad range of contract services obtained by the government, such as professional, administrative, and management support services. Charts and tables.

Author : Thomas Bruneau
Publisher : Stanford University Press
Page : 288 pages
File Size : 48,9 Mb
Release : 2011-07-18
Category : Political Science
ISBN : 9780804781855

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Patriots for Profit by Thomas Bruneau Pdf

This book develops a new approach to the analysis of civil-military relations by focusing on the effectiveness of the armed forces in fulfilling roles & missions, and on their efficiency in terms of cost. The approach is applied to the United States using official documents and interviews with policy-makers. In addition to analyzing the impact of defense reform initiatives over the past thirty years, the book includes the recent phenomenon of "contracting-out" security that has resulted in greater numbers of contractors in Iraq and Afghanistan than uniformed military personnel. While the book demonstrates that democratic civilian control of the military in the U.S. is not at issue, it reveals that there is little public control over Private Security Contractors due to a combination of the current restricted interpretation of what is an "inherently governmental function" and limited legal authority. This is despite the fact that PSCs have taken on roles and missions that were previously the responsibility of the uniformed military. Further, despite numerous efforts to redress the problem, current political and institutional barriers to reform are not likely to be overcome soon.

Author : Jennifer K. Elsea
Publisher : DIANE Publishing
Page : 32 pages
File Size : 46,7 Mb
Release : 2010-10
Category : Technology & Engineering
ISBN : 9781437927061

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Private Security Contractors in Iraq and Afghanistan by Jennifer K. Elsea Pdf

The use of private security contractors (PSCs) to protect personnel and property in Iraq and Afghanistan has been a subject of debate. While PSCs are viewed as being vital to U.S. efforts in the region, many are concerned about transparency, accountability, and legal issues raised by the use of armed civilians to perform security tasks formerly performed by the mil. Contents of this report: Legal Status and Authorities: (a) Internat. Law: Can Contractors be Combatants?; Are They Mercenaries?; (b) Iraqi Law, and Afghan Law, and Status of U.S. Forces; (c) U.S. Law; ¿Inherently Gov¿t. Functions¿ and Other Restrictions on Gov¿t. Contracts; Prosecution of Contractor Personnel in U.S. Fed. or Mil. Courts; Uniform Code of Mil. Justice.

Author : Moshe Schwartz
Publisher : DIANE Publishing
Page : 25 pages
File Size : 48,8 Mb
Release : 2010
Category : Technology & Engineering
ISBN : 9781437923667

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Department of Defense¿s Use of Private Security Contractors in Iraq and Afghanistan by Moshe Schwartz Pdf

Contents: (1) Intro.; (2) Background: Services Provided by Private Security Contractors (PSC); Number and Profile of PSCs Working in Iraq and Afghanistan; Congressional Focus on PSCs; (3) Private Security Co. Working for the U.S. Gov¿t.: Why the U.S. Gov¿t. Uses PSCs; DoD PSCs; Iraq; Afghanistan; Can the Use of PSCs Undermine U.S. Efforts?; DoD Mgmt. and Oversight of PSCs; (4) Options for Congress: Define the Role that Private Security Contractors Can Play in Support of Mil. Operations in Unsecure Environments; Prohibit armed security contractors from being deployed in combat zones; Restrict armed security contractors to performing static security; Restrict armed security contractors to static security, with an exception for local nationals.

Author : Frauke Renz
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 55,9 Mb
Release : 2020-03-28
Category : Law
ISBN : 9781789909371

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State Responsibility and New Trends in the Privatization of Warfare by Frauke Renz Pdf

Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime.

Author : Anonim
Publisher : Unknown
Page : 218 pages
File Size : 51,5 Mb
Release : 2013
Category : Air Force law
ISBN : OSU:32437123348233

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The Air Force Law Review by Anonim Pdf

Author : Andrew Clapham,Paola Gaeta,Tom Haeck,Alice Priddy
Publisher : OUP Oxford
Page : 1008 pages
File Size : 49,6 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191632686

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The Oxford Handbook of International Law in Armed Conflict by Andrew Clapham,Paola Gaeta,Tom Haeck,Alice Priddy Pdf

Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.

Author : Hannah Tonkin
Publisher : Cambridge University Press
Page : 339 pages
File Size : 46,9 Mb
Release : 2011-08-11
Category : Law
ISBN : 9781139499453

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State Control over Private Military and Security Companies in Armed Conflict by Hannah Tonkin Pdf

The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.

Author : Paul C. Light
Publisher : Oxford University Press
Page : 240 pages
File Size : 42,9 Mb
Release : 2018-11-19
Category : Political Science
ISBN : 9780190851811

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The Government-Industrial Complex by Paul C. Light Pdf

In his 1961 Farewell Address, President Eisenhower famously referred to the emergence of a "military-industrial complex" so powerful that it threatened to warp America's political institutions and economy. However, the military was not the only part of a blended government workforce that was growing by leaps and bounds. Over the next half century, the true size of the federal government expanded in almost every department and agency as it came to depend on 7-9 million federal, contract, and grant employees to faithfully execute the laws. In The Government-Industrial Complex, public management expert Paul Light not only traces the expansion of the federal government's workforce over the past few decades, but also explains why it has taken the shape that it has. In marked contrast to governments in other wealthy countries, America's relies heavily on contract and grant employees to deliver goods and services even as the number of federal employees has held steady for seventy years. Light traces the rise of this government-industrial complex and asks whether and how the nation can be sure that the right people are in the right jobs to assure maximum performance for the public good. To do this, he offers short histories of the roles of various presidents and the impacts of war and economic crisis on the changing size of government. He also highlights the Trump administration's early strategies on downsizing and deconstructing government. Light emphasizes that achieving the right balance between public and private responsibilities is the key to making government both more efficient and more responsive. Comprehensive and pointed, this is a landmark account of the true nature and scope of national governance in the United States.

Author : United States. Congress. Senate. Committee on Armed Services
Publisher : Unknown
Page : 732 pages
File Size : 52,8 Mb
Release : 1999
Category : History
ISBN : PSU:000043063413

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Department of Defense Authorization for Appropriations for Fiscal Year 1994 and the Future Years Defense Program: Military readiness and defense infrastructure by United States. Congress. Senate. Committee on Armed Services Pdf

Author : United States. Congress. House. Committee on Armed Services
Publisher : Unknown
Page : 1292 pages
File Size : 43,5 Mb
Release : 1983
Category : United States
ISBN : LOC:00185815237

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Defense Department Authorization and Oversight: Title III, operation and maintenance by United States. Congress. House. Committee on Armed Services Pdf

Author : Lindsey Cameron,Vincent Chetail
Publisher : Cambridge University Press
Page : 757 pages
File Size : 44,8 Mb
Release : 2013-03-07
Category : Law
ISBN : 9781107328686

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Privatizing War by Lindsey Cameron,Vincent Chetail Pdf

A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.

Author : United States. Congress. House. Committee on Armed Services. Readiness Subcommittee
Publisher : Unknown
Page : 72 pages
File Size : 54,9 Mb
Release : 2005
Category : History
ISBN : STANFORD:36105119647522

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Contractor Support in the Department of Defense by United States. Congress. House. Committee on Armed Services. Readiness Subcommittee Pdf