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 Collection: Congressional Research Service Reports
Military Technicians: The Issue of Mandatory Retirement for Non-Dual-Status Technicians
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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
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. digital.library.unt.edu/ark:/67531/metacrs3772/
Congressional Use of Funding Cutoffs Since 1970 Involving U.S. Military Forces and Overseas Deployments
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 deployments is not addressed. digital.library.unt.edu/ark:/67531/metacrs1442/
Emergency Spending: Statutory and Congressional Rules
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. digital.library.unt.edu/ark:/67531/metacrs1443/
Detention of American Citizens as Enemy Combatants
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. digital.library.unt.edu/ark:/67531/metacrs3919/
Detention of American Citizens as Enemy Combatants
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. digital.library.unt.edu/ark:/67531/metacrs5753/
Detention of American Citizens as Enemy Combatants
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 opposite conclusion. 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 persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force. digital.library.unt.edu/ark:/67531/metacrs6142/
Detention of American Citizens as Enemy Combatants
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 opposite conclusion. 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 persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force. digital.library.unt.edu/ark:/67531/metacrs6143/
Detention of U.S. Citizens
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. digital.library.unt.edu/ark:/67531/metacrs6144/
Homosexuals and U.S. Military Policy: Current Issues
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S.Res. 445: Senate Committee Reorganization for Homeland Security and Intelligence Matters
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Antiterrorism and Effective Death Penalty Act of 1996: A Summary
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. digital.library.unt.edu/ark:/67531/metacrs309/
Terrorism: U.S. Response to Bombings in Kenya and Tanzania: A New Policy Direction?
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Terrorism and National Security: Issues and Trends
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Terrorism and National Security: Issues and Trends
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Terrorism and National Security: Issues and Trends
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Terrorism and National Security: Issues and Trends
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Terrorism and National Security: Issues and Trends
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Terrorism and National Security: Issues and Trends
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Terrorism and National Security: Issues and Trends
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Military Tribunals: The Quirin Precedent
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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
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 Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court. digital.library.unt.edu/ark:/67531/metacrs6166/
Terrorism in Southeast Asia
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Terrorism in Southeast Asia
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Terrorism in Southeast Asia
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Military Tribunals: Historical Patterns and Lessons
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Response to Terrorism: Legal Aspects of the Use of Military Force
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Military Courts-Martial: An Overview
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Defense Burdensharing: Is Japan's Host Nation Support a Model for Other Allies?
Under an agreement announced in January 1991, the Government of Japan committed itself to increase substantially the amount of support that it provides for U.S. military forces based there. Among other things, Japan agreed by 1995 to absorb 100 percent of the cost of Japanese nationals employed at U.S. military facilities and to pay for all utilities supplied to U.S. bases, to increase the amount of military and family housing construction that it is providing to support U.S. forces, to continue to provide facilities at no charge to the United States and to waive taxes and fees that might otherwise apply to U.S. activities. digital.library.unt.edu/ark:/67531/metacrs100/
Japan's Response to the Persian Gulf Crisis: Implications for U.S. -Japan Relations
This report provides information and analysis for use by Members of Congress as they deliberate on the Japanese response to the Gulf crisis and, perhaps more important, what it may mean for future U.S.-Japanese relations. The first chapter briefly reviews Japanese government actions in response to the crisis, from August 1990 to February 1991. A second section examines in detail the various factors and constraints that affected Japanese policy. The final section offers conclusions and examines implications of the episode for future U.S.-Japanese relations. Published sources for the report are cited in footnotes. digital.library.unt.edu/ark:/67531/metacrs8/
Japanese Participation in United Nations Peacekeeping Operations
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Instances of Use of United States Forces Abroad, 1798-1993
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Theater Missile Defenses: Possible Chinese Reactions; U.S. Implications and Options
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U.N. Security Council Consideration of North Korea's Violations of its Nuclear Treaty Obligations
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South Korea: U.S. Defense Obligations
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The United States and the Use of Force in the Post-Cold War World: Toward Self-Deterrence?
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North Korea's Campaign Against the Korean Armistice
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Abortion Services and Military Medical Facilities
The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the Clinton Administration provisions, as well as recently enacted legislation. digital.library.unt.edu/ark:/67531/metacrs2404/
Abortion Services and Military Medical Facilities
The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the Clinton Administration provisions, as well as recently enacted legislation. digital.library.unt.edu/ark:/67531/metacrs2405/
Chemical Agent Attacks in Japan
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Southeast Asian Security: Issues for the U.S.
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Bosnia: Civil Implementation of the Peace Agreement
Since Dayton Peace Accords, the civilian side of peace implementation has been challenged by the scope of the tasks, and by the lack of commitment demonstrated by the Bosnian parties to various aspects of the peace agreement. In addition, issues such as International Framework for peace implementation, formation of governmental institution, election, civil police task force and displaced persons are discussed in this report. digital.library.unt.edu/ark:/67531/metacrs607/
The Convention on Nuclear Safety - A Fact Sheet
Until the catastrophic accident with the former Soviet Union's Chernobyl nuclear power plant showed that radioactivity from a major nuclear accident could reach neighboring nations, nuclear safety was held to be an exclusively sovereign responsibility of each nation. Now it is recognized that a nuclear accident in one state can release radioactivity dangerous to another. As a result, many now view international cooperation as one way to help to assure safe operation of each nation's civil nuclear power stations. digital.library.unt.edu/ark:/67531/metacrs306/
Nuclear Testing and Comprehensive Test Ban: Chronology Starting September 1992
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Nunn-Lugar Cooperative Threat Reduction Programs: Issues for Congress
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Nunn-Lugar Cooperative Threat Reduction Programs: Issues for Congress
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Defense Research: A Primer on the Department of Defense's Research, Development, Test and Evaluation (RDT and E) Program
This report describes the basic elements and issues of the Department of Defense's (DOD) Research, Development, Test and Evaluation (RDT&E) Program. It defines basic activities supported by the program, presents budget trends, discusses the management of program, and describes the infrastructure in which the program is implemented. This report is for staff new to the area of defense research and for senior staff interested in historical trends. digital.library.unt.edu/ark:/67531/metacrs605/
Defense Research: A Primer on the Department of Defense's Research, Development, Test and Evaluation (RDT and E) Program
This report describes the basic elements and issues of the Department of Defense's (DOD) Research, Development, Test and Evaluation (RDT&E) Program. It defines basic activities supported by the program, presents budget trends, discusses the management of program, and describes the infrastructure in which the program is implemented. This report is for staff new to the area of defense research and for senior staff interested in historical trends. digital.library.unt.edu/ark:/67531/metacrs938/
Bosnia Stabilization Force (SFOR) and U.S. Policy
In December 1995, a NATO-led implementation force (IFOR) was deployed to Bosnia to enforce the military aspects of the Bosnian peace agreement. After fierce debate, the House and Senate passed separate resolutions in December 1995 expressing support for the U.S. troops in Bosnia, although not necessarily for the mission itself. Legislative efforts to bar funds for the deployment of U.S. troops to Bosnia were narrowly rejected. In the 105th Congress, similar efforts to bar a U.S. deployment after June 1998 were also rejected, although the FY 1998 defense authorization and appropriations laws contain reporting requirements that must be fulfilled before an extended deployment may take place. The defense appropriation measure requires the President to seek a supplemental appropriation for any deployment after June 1998. digital.library.unt.edu/ark:/67531/metacrs608/
Long Beach: Proposed Lease by China Ocean Shipping Co. (COSCO) at Former Naval Base
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