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 Collection: Congressional Research Service Reports
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 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 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/
Detention of U.S. Persons as Enemy Belligerents
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. digital.library.unt.edu/ark:/67531/metadc87203/
Detention of U.S. Persons as Enemy Belligerents
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. digital.library.unt.edu/ark:/67531/metadc227744/
Detention of U.S. Persons as Enemy Belligerents
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. digital.library.unt.edu/ark:/67531/metadc84022/
Detention of U.S. Persons as Enemy Belligerents
This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons. digital.library.unt.edu/ark:/67531/metadc93921/
The Committee on Foreign Investment in the United States (CFIUS)
This report covers the background and recent history on the Committee on Foreign Investment in the United States (CFIUS). This committee has recently emerged from obscurity due to concerns involving foreign investments in U.S. companies and national security. digital.library.unt.edu/ark:/67531/metadc99094/
The Committee on Foreign Investment in the United States (CFIUS)
The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that serves the President in overseeing the national security implications of foreign investment in the economy. Since it was established by an Executive Order of President Ford in 1975, the committee has operated in relative obscurity.1 According to a Treasury Department memorandum, the Committee originally was established in order to placate Congress, which had grown concerned over the rapid increase in Organization of the Petroleum Exporting Countries (OPEC) investments in American portfolio assets (Treasury securities, corporate stocks and bonds), and to respond to concerns of some that much of the OPEC investments were being driven by political, rather than by economic, motives. digital.library.unt.edu/ark:/67531/metacrs9420/
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court
The initiation of military commission proceedings against Khalid Sheik Mohammad and four others for their alleged involvement in the 9/11 terrorist attacks has focused renewed attention on the differences between trials in federal court and those conducted by military commission. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court. digital.library.unt.edu/ark:/67531/metadc85378/
Economic Development Assistance for Communities Affected by Employment Changes Due to Military Base Closures (BRAC)
This report discusses the geographic impact of base closures and realignments, provides an analysis of federal economic assistance programs for those affected by such closures, and analyzes possible policy issues for Congress. digital.library.unt.edu/ark:/67531/metadc103228/
Economic Development Assistance for Communities Affected by Employment Changes Due to Military Base Closures (BRAC)
This report is intended to discuss the geographic impact of base closures and realignments; summarize federal economic assistance programs for communities and individuals affected by military base closures and realignments (BRAC); and highlight issues for Congress. The report will be updated as events warrant. digital.library.unt.edu/ark:/67531/metadc26283/
U.S.-China Military Contacts: Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs6770/
Homeland Security: Coast Guard Operations - Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs6952/
Desert Shield and Desert Storm Implications for Future U.S. Force Requirements
This preliminary assessment summarizes U.S. Army, Navy, Air Force, and Marine Corps performances during recent war, then relates it to past experience and potential threats in ways that might help decisionmakers determine the most suitable characteristics of U.S. armed forces for the rest of this decade. digital.library.unt.edu/ark:/67531/metacrs6962/
The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law
No Description digital.library.unt.edu/ark:/67531/metacrs6972/
U.S.-China Counter-Terrorism Cooperation: Issues for U.S. Policy
No Description digital.library.unt.edu/ark:/67531/metacrs6941/
U.S. Nuclear Cooperation with India: Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs6943/
Homeland Security: Coast Guard Operations - Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs7014/
Homeland Security: Establishment and Implementation of Northern Command
No Description digital.library.unt.edu/ark:/67531/metacrs7016/
The Posse Comitatus Act and Related Matters: A Sketch
No Description digital.library.unt.edu/ark:/67531/metacrs7205/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs6875/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs6876/
Homosexuals and U.S. Military Policy: Current Issues
No Description digital.library.unt.edu/ark:/67531/metacrs6910/
Critical Infrastructures: Background, Policy, and Implementation
The nation’s health, wealth, and security rely on the production and distribution of certain goods and services. The array of physical assets, processes and organizations across which these goods and services move are called critical infrastructures (e.g. electricity, the power plants that generate it, and the electric grid upon which it is distributed). Computers and communications, themselves critical infrastructures, are increasingly tying these infrastructures together. This report aims to address the concern that this reliance on computers and computer networks raises the vulnerability of the nation’s critical infrastructures to “cyber” attacks. digital.library.unt.edu/ark:/67531/metacrs6843/
Chinese Nuclear Weapons and Arms Control Policies: Implications and Options for the United States
No Description digital.library.unt.edu/ark:/67531/metacrs171/
Critical Infrastructures: Background, Policy, and Implementation
The nation’s health, wealth, and security rely on the production and distribution of certain goods and services. The array of physical assets, processes and organizations across which these goods and services move are called critical infrastructures (e.g. electricity, the power plants that generate it, and the electric grid upon which it is distributed). Computers and communications, themselves critical infrastructures, are increasingly tying these infrastructures together. This report aims to address the concern that this reliance on computers and computer networks raises the vulnerability of the nation’s critical infrastructures to “cyber” attacks. digital.library.unt.edu/ark:/67531/metacrs6664/
U.S. Treatment of Prisoners in Iraq: Selected Legal Issues
No Description digital.library.unt.edu/ark:/67531/metacrs6483/
U.S. Treatment of Prisoners in Iraq: Selected Legal Issues
No Description digital.library.unt.edu/ark:/67531/metacrs6484/
Network Centric Warfare: Background and Oversight Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs6485/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs3633/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs3634/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs3635/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs3636/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs3637/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs3638/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs5652/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs5653/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs5654/
Iraq: Weapons of Mass Destruction (WMD) Capable Missiles and Unmanned Aerial Vehicles (UAVs)
No Description digital.library.unt.edu/ark:/67531/metacrs5703/
Iraq: Weapons of Mass Destruction (WMD) Capable Missiles and Unmanned Aerial Vehicles (UAVs)
No Description digital.library.unt.edu/ark:/67531/metacrs5704/
Potential Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs6687/
Potential Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs6688/
Nuclear Weapons: Comprehensive Test Ban Treaty
No Description digital.library.unt.edu/ark:/67531/metacrs6648/
Homeland Security: Coast Guard Operations - Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs2797/
Homeland Security: Coast Guard Operations - Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs2798/
Homeland Security: Coast Guard Operations - Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs2799/
Homeland Security: Coast Guard Operations - Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs2800/
Homeland Security: Coast Guard Operations - Background and Issues for Congress
No Description digital.library.unt.edu/ark:/67531/metacrs4628/