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 Collection: Congressional Research Service Reports
Covert Action: Legislative Background and Possible Policy Questions

Covert Action: Legislative Background and Possible Policy Questions

Date: April 6, 2011
Creator: Cumming, Alfred
Description: This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as "covert action," and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. It also examines the statutory procedures governing covert action and associated questions to consider.
Contributing Partner: UNT Libraries Government Documents Department
Covert Action: Legislative Background and Possible Policy Questions

Covert Action: Legislative Background and Possible Policy Questions

Date: July 6, 2009
Creator: Cumming, Alfred
Description: Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counter-terrorism intelligence activities as part of what the Bush Administration termed the global war on terror. This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as "covert action," and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. This report examines the statutory procedures governing covert action and associated questions to consider.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: July 25, 2006
Creator: Elsea, Jennifer K
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 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.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: August 4, 2005
Creator: Elsea, Jennifer K
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 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.
Contributing Partner: UNT Libraries Government Documents Department
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Date: March 10, 2004
Creator: Elsea, Jennifer K
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 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.
Contributing Partner: UNT Libraries Government Documents Department
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

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

Date: August 11, 2006
Creator: Elsea, Jennifer K & Grimmett, Richard F
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.
Contributing Partner: UNT Libraries Government Documents Department
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

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

Date: August 11, 2006
Creator: Elsea, Jennifer K & Grimmett, Richard F
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.
Contributing Partner: UNT Libraries Government Documents Department
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

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

Date: March 17, 2011
Creator: Elsea, Jennifer K. & Grimmett, Richard F.
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.
Contributing Partner: UNT Libraries Government Documents Department
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

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

Date: August 11, 2006
Creator: Elsea, Jennifer K. & Grimmett, Richard F.
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.
Contributing Partner: UNT Libraries Government Documents Department
Bosnian Muslim-Croat Federation: Key to Peace in Bosnia?

Bosnian Muslim-Croat Federation: Key to Peace in Bosnia?

Date: June 26, 1998
Creator: Woehrel, Steven
Description: The Federation of Bosnia and Hercegovina was established in March 1994, with U.S. mediation. It aims to unite areas held by the largely Bosniak (Muslim) pre-war republic government with areas held by Croats. The Bosnian peace agreement, signed in Dayton in November 1995, recognized the Federation and the Bosnian Serb Republika Srpska as two largely autonomous entities within a weak, but sovereign Bosnia and Hercegovina union. Real political, economic and military integration of Bosniak and Croat-held areas has been slow to materialize. The United States has played a key role in setting up the Federation and in efforts to make it viable. The long term viability of the Federation is open to question, however, due to continued mistrust between the two sides and significant differences in their perceived interests.
Contributing Partner: UNT Libraries Government Documents Department
Coast Guard Polar Icebreaker Modernization: Background and Issues for Congress

Coast Guard Polar Icebreaker Modernization: Background and Issues for Congress

Date: June 6, 2013
Creator: O'Rourke, Ronald
Description: Report that provides background information and issues for Congress on the sustainment and modernization of the Coast Guard's polar icebreaker fleet, which performs a variety of missions supporting U.S. interests in polar regions.
Contributing Partner: UNT Libraries Government Documents Department
Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options for Congress

Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options for Congress

Date: April 21, 2011
Creator: O'Rourke, Ronald
Description: This report provides background information and issues for Congress on the modernization of the Coast Guard's polar icebreaker fleet, which performs a variety of missions supporting U.S. interests in polar regions. The Coast Guard's two heavy polar icebreakers-Polar Star and Polar Sea-have exceeded their intended 30-year service lives, and neither is currently in operational condition.
Contributing Partner: UNT Libraries Government Documents Department
Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress

Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress

Date: October 22, 2010
Creator: O'Rourke, Ronald
Description: The term Deepwater refers to a collection of more than a dozen Coast Guard acquisition programs for replacing and modernizing the service's aging fleet of deepwater-capable ships and aircraft. Currently, there are plans to increase and enhance the Coast Guard's fleet through the Deepwater acquisition program. This report details the Coast Guard's budget requests and explains how the Coast Guard has improved its organization and management over the past several years.
Contributing Partner: UNT Libraries Government Documents Department
Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress

Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress

Date: September 29, 2010
Creator: O'Rourke, Ronald
Description: The term Deepwater refers to a collection of more than a dozen Coast Guard acquisition programs for replacing and modernizing the service's aging fleet of deepwater-capable ships and aircraft. Currently, there are plans to increase and enhance the Coast Guard's fleet through the Deepwater acquisition program. This report details the Coast Guard's budget requests and explains how the Coast Guard has improved its organization and management over the past several years.
Contributing Partner: UNT Libraries Government Documents Department
Coast Guard Deepwater Program: Background and Issues for Congress

Coast Guard Deepwater Program: Background and Issues for Congress

Date: September 6, 2006
Creator: O'Rourke, Ronald
Description: The Coast Guard’s FY2007 budget requests $934.431 million for the Deepwater acquisition program. The House-reported version of H.R. 5441, the FY2007 Department of Homeland Security (DHS) appropriations bill, recommends $892.64 million for the Deepwater program; the Senate-reported version recommends $993.631 million.
Contributing Partner: UNT Libraries Government Documents Department
Coast Guard Deepwater Program: Background and Issues for Congress

Coast Guard Deepwater Program: Background and Issues for Congress

Date: September 6, 2006
Creator: O'Rourke, Ronald
Description: The Coast Guard's budget requests $934.431 million for the Deepwater acquisition program. The House-reported version of H.R. 5441, the FY2007 Department of Homeland Security (DHS) appropriations bill, recommends $892.64 million for the Deepwater program; the Senate-reported version recommends $993.631 million.
Contributing Partner: UNT Libraries Government Documents Department
Bosnia Stabilization Force (SFOR) and U.S. Policy

Bosnia Stabilization Force (SFOR) and U.S. Policy

Date: January 29, 1998
Creator: Bowman, Steven R; Kim, Julie & Woehrel, Steven
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 15, 2004
Creator: Elsea, Jennifer K
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 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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: February 24, 2005
Creator: Elsea, Jennifer K
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 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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 31, 2005
Creator: Elsea, Jennifer K
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 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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: January 30, 2003
Creator: Elsea, Jennifer K
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 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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Citizens

Detention of U.S. Citizens

Date: April 28, 2005
Creator: Fisher, Louis
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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: July 25, 2013
Creator: Elsea, Jennifer K.
Description: Report that provides a background to the detention of enemy belligerents, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals.
Contributing Partner: UNT Libraries Government Documents Department