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Defense Primer: Congress's Constitutional Authority with Regard to the Armed Forces [Updated January 3, 2020]
From the Document: "The power 'To declare War' has long been construed to mean not only that Congress can formally take the nation into war, but also that it can authorize the use of the Armed Forces for military expeditions that may not amount to war. While a restrictive interpretation of the power 'To declare War' is possible, for example, by viewing the Framers' use of the verb 'to declare' rather than 'to make' as an indication of an intent to limit Congress's ability to affect the course of a war once it is validly commenced, Congress's other powers over the use of the military would likely fill any resulting void. In practice, courts have not sought to delineate the boundaries of each clause relating to war powers or identify gaps between them to find specific powers that are denied to Congress."
Library of Congress. Congressional Research Service
Elsea, Jennifer K.
2020-01-03
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Defense Primer: Legal Authorities for the Use of Military Forces [Updated January 3, 2020]
From the Document: "By the Framers' apparent design, in order to keep the nation's 'purse' and the 'sword' in separate hands and in other ways hinder its embroilment in unnecessary wars, the Constitution divides war powers between Congress and the President. Congress is empowered to declare war, provide for and regulate the Armed Forces, and issue letters of marque and reprisal, as well as to call forth the militia to suppress an insurrection, repel an invasion, or 'execute the Laws of the Union.' The President, as the Commander in Chief, has the responsibility to direct the Armed Forces as they conduct hostilities, put down insurrections, or execute the law when constitutionally authorized to do so. But the extent to which the President has independent authority under the Constitution, without explicit statutory support, to use the military for purposes other than to repel a sudden attack is the subject of long-standing debate."
Library of Congress. Congressional Research Service
Elsea, Jennifer K.
2020-01-03
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Defense Primer: RDT&E
From the Document: "Advanced technology plays a critical role in ensuring U.S. national security. To maintain technological superiority on the battlefield, the Department of Defense (DOD) relies on scientific and technical knowledge developed in large measure through research, development, test, and evaluation (RDT&E) funded by the department and performed by industry, universities, federal laboratories, and others. DOD also relies increasingly on technology developed by the private sector for commercial markets. This In Focus describes DOD's RDT&E appropriations structure and funding levels."
Library of Congress. Congressional Research Service
Sargent, John F.
2020-01-03
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U.S. Strategic Nuclear Forces: Background, Developments, and Issues [Updated January 3, 2020]
From the Summary: "Even though the United States has reduced the number of warheads deployed on its long-range missiles and bombers, consistent with the terms of the 2010 New START [Strategic Arms Reduction Treaty] Treaty, it is also developing new delivery systems for deployment over the next 10-30 years. The 116th Congress will continue to review these programs, and the funding requested for them, during the annual authorization and appropriations process."
Library of Congress. Congressional Research Service
Woolf, Amy F.
2020-01-03
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Enforcing International Trade Obligations in USMCA: The State-State Dispute Settlement Mechanism [January 3, 2020]
From the Document: "Enforcement of many obligations in the proposed United States-Mexico-Canada Agreement (USMCA), which would replace the existing North American Free Trade Agreement (NAFTA) if ratified, is covered by the dispute settlement mechanism in USMCA's Chapter 31. This mechanism would permit any of the three Parties who intend to join the Agreement (i.e., the United States, Mexico, and Canada) to bring a claim against another Party that is allegedly violating its USMCA obligations. Chapter 31, which draws substantially on NAFTA's Chapter 20 mechanism, applies to a majority of the Parties' USMCA obligations, but there are exceptions. For instance, article 32.12 exempts certain investment decisions reviewed under the 'Investment Canada Act' from Chapter 31. Additionally, USMCA includes more complex enforcement provisions for some of its chapters, including the Environment and Labor Chapters. This InFocus provides an overview of USMCA's Chapter 31 process."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-01-03
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Funding U.S.-Mexico Border Barrier Construction: Current Issues [Updated January 3, 2020]
From the Document: "The construction of barriers on the U.S.-Mexico borders to control unauthorized crossings has been a matter of significant debate since President Donald Trump made construction of a border wall a key element of his campaign for the presidency. This Insight provides a brief overview of the funding history for these barriers and how the current administration is redirecting federal funds to support construction of additional mileage."
Library of Congress. Congressional Research Service
Painter, William L.; Mann, Christopher T.
2020-01-03
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Comparing DHS Component Funding, FY2020: In Brief [Updated January 3, 2020]
From the Document: "The homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. This report reviews the budget authority provided to DHS for FY2019 and requested by the Trump Administration for FY2020, as well as the funding levels proposed by the House and Senate Appropriations Committees in their reported legislation for FY2020 and ultimately enacted in P.L. [Public Law] 116-93, Division D. In the process, it also includes information on DHS funding from two enacted FY2019 supplemental appropriations measures: P.L. 116-20, a disaster relief supplemental; and P.L. 116-26, a supplemental appropriations bill funding humanitarian and security operations at the U.S.-Mexico border. The report provides a look at the resources available to DHS components that are described in appropriations committee reports, and examines 'net discretionary annual appropriations' for DHS--a perspective on the net impact of legislation funding DHS on congressionally tracked budget totals."
Library of Congress. Congressional Research Service
Painter, William L.
2020-01-03
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Estonia, Latvia, and Lithuania: Background and U.S.-Baltic Relations [Updated January 2, 2020]
From the Summary: "Estonia, Latvia, and Lithuania, often referred to as the Baltic states, are close U.S. allies and considered among the most pro-U.S. countries in Europe. Strong U.S. relations with these three states are rooted in history. The United States never recognized the Soviet Union's forcible incorporation of the Baltic states in 1940, and it applauded the restoration of their independence in 1991. These policies were backed by Congress on a bipartisan basis. The United States supported the Baltic states' accession to NATO and the European Union (EU) in 2004. Especially since Russia's 2014 invasion of Ukraine, potential threats posed to the Baltic states by Russia have been a primary driver of increased U.S. and congressional interest in the region. Congressional interest in the Baltic states has focused largely on defense cooperation and security assistance for the purposes of deterring potential Russian aggression and countering hybrid threats, such as disinformation campaigns and cyberattacks. Energy security is another main area of U.S. and congressional interest in the Baltic region."
Library of Congress. Congressional Research Service
Mix, Derek E.
2020-01-02
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Russia's Nuclear Weapons: Doctrine, Forces, and Modernization [Updated January 2, 2020]
From the Introduction: "This report [...] is divided into five sections. The first section describes Russia's nuclear strategy and focuses on ways in which that strategy differs from that of the Soviet Union. The second section provides a historical overview of the Soviet Union's nuclear force structure. The third section details Russia's current force structure, including its long-range intercontinental ballistic missiles (ICBM), submarine-launched ballistic missiles (SLBM), and heavy bombers and shorter-range nonstrategic nuclear weapons. This section also highlights key elements of relevant infrastructure, including early warning, command and control, production, testing, and warhead storage. It also describes the key modernization programs that Russia is pursuing to maintain and, in some cases, expand its nuclear arsenal. The fourth section focuses on how arms control has affected the size and structure of Russia's nuclear forces. The fifth section discusses several potential issues for Congress."
Library of Congress. Congressional Research Service
Woolf, Amy F.
2020-01-02
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Defense Primer: Special Operations Forces [Updated January 2, 2020]
From the Overview: "Special Operations Forces (SOF) are those active duty and reserve component forces of the military services designated by the Secretary of Defense (SECDEF) and specifically selected, organized, trained, and equipped to conduct and support special operations. Special operations frequently require unique modes of employment, tactics, techniques, procedures, and equipment. They are often conducted in hostile, politically, and/or diplomatically sensitive environments, and are characterized by one or more of the following: time-sensitivity, clandestine or covert nature, low visibility, work with or through indigenous forces, greater requirements for regional orientation and cultural expertise, and a high degree of risk."
Library of Congress. Congressional Research Service
Torreon, Barbara Salazar; Feickert, Andrew
2020-01-02
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Defense Primer: Organization of U.S. Ground Forces [Updated January 2, 2020]
From the Document: "The Army and Marine Corps are organized as hierarchies of units, with each type of unit commanded by a noncommissioned or commissioned officer of a specific rank. These units are described from smallest to largest."
Library of Congress. Congressional Research Service
Torreon, Barbara Salazar; Feickert, Andrew
2020-01-02
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Unfunded Mandates Reform Act: History, Impact, and Issues [Updated January 2, 2020]
From the Summary: "The Unfunded Mandates Reform Act of 1995 (UMRA) culminated years of effort by state and local government officials and business interests to control, if not eliminate, the imposition of unfunded intergovernmental and private-sector federal mandates. Advocates argued the statute was needed to forestall federal legislation and regulations that imposed obligations on state and local governments or businesses that resulted in higher costs and inefficiencies. Opponents argued that federal mandates may be necessary to achieve national objectives in areas where voluntary action by state and local governments and business failed to achieve desired results. UMRA provides a framework for the Congressional Budget Office (CBO) to estimate the direct costs of mandates in legislative proposals to state and local governments and to the private sector, and for issuing agencies to estimate the direct costs of mandates in proposed regulations to regulated entities. Aside from these informational requirements, UMRA controls the imposition of mandates only through a procedural mechanism allowing Congress to decline to consider unfunded intergovernmental mandates in proposed legislation if they are estimated to cost more than specified threshold amounts. UMRA applies to any provision in legislation, statute, or regulation that would impose an enforceable duty upon state and local governments or the private sector."
Library of Congress. Congressional Research Service
Dilger, Robert Jay, 1954-; Beth, Richard S.
2020-01-02
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U.S. Withdrawal from the INF Treaty: What's Next? [Updated January 2, 2020]
From the Document: "On August 2, 2019, the United States withdrew from the Intermediate-Range Nuclear Forces (INF) Treaty. The United States withdrew from the treaty in response to Russia's deployment of an INF-range ground-launched cruise missile, which violated the treaty's ban on missiles with a range between 500 and 5,500 kilometers. [...] President Trump first indicated that the United States would withdraw from INF on October 20, 2018. He not only cited Russia's violation, but also argued that the United States is at a disadvantage with respect to China because the latter is not bound by the treaty's limits. On December 4, 2018, after a meeting of NATO's foreign ministers, Secretary of State Pompeo declared that Russia was in material breach of the treaty and announced that the United States would suspend its obligations, effective in 60 days, 'unless Russia returns to full and verifiable compliance.' This 60-day period ended on February 2, 2019."
Library of Congress. Congressional Research Service
Woolf, Amy F.
2020-01-02
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FY2020 National Defense Authorization Act: P.L. 116-92 (H.R. 2500, S. 1790) [January 2, 2020]
From the Introduction: "This report provides an overview of the FY2020 National Defense Authorization Act (H.R. 2500, S. 1790, P.L. 116-92) and serves as a portal to other CRS [Congressional Research Service] products providing additional context, detail, and analysis concerning particular aspects of that legislation."
Library of Congress. Congressional Research Service
Towell, Pat
2020-01-02
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Nature-Based Infrastructure: NOAA's Role [January 2, 2020]
From the Document: "The National Oceanic and Atmospheric Administration (NOAA) currently supports natural, nature-based, or green infrastructure and other related types of features (hereinafter referred to as nature-based infrastructure) as part of its statutory mandates to support, research, restore, and conserve natural resources. [...] This report describes how NOAA characterizes nature-based infrastructure and the agency's current activities supporting research and implementation of nature-based infrastructure. The report also discusses potential issues for Congress including (1) definitions of nature-based infrastructure in statute, (2) NOAA's authority to support nature-based infrastructure, (3) how NOAA coordinates with other federal agencies and nonfederal entities on nature-based infrastructure activities, and (4) how NOAA funds nature-based infrastructure activities and its total nature-based infrastructure-related expenditures."
Library of Congress. Congressional Research Service
Lipiec, Eva
2020-01-02
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Defense Primer: Department of the Army and Army Command Structure [Updated January 2, 2020]
From the Overview: "Article I, Section 8, Clause 12 of the Constitution stipulates, 'The Congress shall have power ... to raise and support Armies ... make rules for the government and regulation of the land and naval forces ... for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions.' The Department of the Army (DA) is one of the three military departments reporting to the Department of Defense (DOD). The Army's primary mission is to fight and win the nation's ground wars. The Army's mission is both operational and institutional, and it is composed of four distinct components: the regular Active component (AC), the reserve components of the United States Army Reserve (USAR), the Army National Guard (ARNG), and Department of the Army civilians (DAC)."
Library of Congress. Congressional Research Service
Feickert, Andrew; Torreon, Barbara Salazar
2020-01-02
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Campaign and Election Security Policy: Overview and Recent Developments for Congress [January 2, 2020]
From the Document: "In the United States, state, territorial, and local governments are responsible for most aspects of selecting and securing election systems and equipment. Foreign interference during the 2016 election cycle--and widely reported to be an ongoing threat--has renewed congressional attention to campaign and election security and raised new questions about the nature and extent of the federal government's role in this policy area. This report provides congressional readers with a resource for understanding campaign and election security policy. This includes discussion of the federal government's roles; state or territorial responsibilities for election administration and election security; an overview of potentially relevant federal statutes and agencies; and highlights of recent congressional policy debates. The report summarizes related legislation that has advanced beyond introduction during the 116th Congress. It also poses questions for consideration as the House and Senate examine whether or how to pursue legislation, oversight, or appropriations."
Library of Congress. Congressional Research Service
Garrett, R. Sam, 1977-; Eckman, Sarah J.; Shanton, Karen L.
2020-01-02
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Chile: An Overview [Updated January 2, 2020]
From the Document: "Chile, a nation of 19.1 million people, is located along the Pacific coast of South America. Chile traditionally has been one of the United States' strongest partners in Latin America due to the countries' common commitments to democracy, human rights, and free trade. Chile also has worked with the United States to promote peace and stability in the Western Hemisphere, as Chile's transition to a higher level of economic development has enabled it to take on additional regional responsibilities."
Library of Congress. Congressional Research Service
Meyer, Peter J.
2020-01-02
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Dominican Republic [Updated January 2, 2020]
From the Document: "The Dominican Republic occupies the eastern two-thirds of the Caribbean island of Hispaniola, which it shares with Haiti. The Dominican Republic is a key U.S. partner in the Caribbean because of its comparatively large size, strong economy, and stability. In recent years, the United States and the Dominican Republic have maintained close commercial ties under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTADR) and cooperated on regional security concerns under the Caribbean Basin Security Initiative (CBSI)."
Library of Congress. Congressional Research Service
Seelke, Clare Ribando
2020-01-02
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Defense Primer: Military Retirement [Updated December 31, 2019]
From the Document: "The military retirement system is a government-funded system that provides a defined benefit to all retirees and matching government contributions to the Thrift Savings Plan (TSP) for eligible servicemembers. It has historically been viewed as a significant retention incentive for military personnel. The system includes monthly compensation for qualified active and reserve retirees, disability benefits for those deemed medically unfit to serve, and a survivor annuity program for the eligible survivors of deceased retirees. The amount of compensation depends on years of service (YOS), basic pay at retirement, and annual Cost-of-Living-Adjustments (COLAs)."
Library of Congress. Congressional Research Service
Kamarck, Kristy N.
2019-12-31
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Defense Primer: Electronic Warfare [Updated December 30, 2019]
From the Document: "Electronic warfare (EW), as defined by the Department of Defense (DOD), are military activities that use electromagnetic energy to control the electromagnetic spectrum ('the spectrum') and attack an enemy. The spectrum is a range of frequencies for electromagnetic energy. EW supports command and control (C2) by allowing military commanders' access to the spectrum to communicate with forces, while preventing potential adversaries from accessing the spectrum to develop an operational picture and communicate with their forces. Some have argued that EW is a component of anti-access/area denial (A2/AD) campaigns."
Library of Congress. Congressional Research Service
Hoehn, John R.
2019-12-30
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Power of Congress and the Executive to Exclude Aliens: Constitutional Principles [December 30, 2019]
From the Document: "Under long-standing Supreme Court precedent, Congress has 'plenary power' to regulate immigration. This power, according to the Court, is the most complete that Congress possesses. It allows Congress to make laws concerning non-U.S. nationals (aliens) that would be unconstitutional if applied to citizens. And while the immigration power has proven less than absolute when directed at aliens already physically present within the United States, the Supreme Court has interpreted the power to apply with most force to the admission and exclusion of nonresident aliens. The Court has upheld or shown approval of laws excluding aliens on the basis of ethnicity, gender and legitimacy, and political belief. It has also upheld an executive exclusion policy that was premised on a broad statutory delegation of authority, even though some evidence considered by the Court tended to show that religious hostility may have prompted the policy. Outside of the immigration context, in contrast, laws and policies that discriminate on such bases are almost always struck down as unconstitutional. To date, the only judicially recognized limit on Congress's power to exclude aliens concerns lawful permanent residents (LPRs): they, unlike nonresident aliens, generally cannot be denied entry without a fair hearing as to their admissibility."
Library of Congress. Congressional Research Service
Harrington, Ben
2019-12-30
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Foreign Affairs Overseas Contingency Operations (OCO) Funding: Background and Current Status [Updated December 30, 2019]
From the Document: "Congressional interest in Overseas Contingency Operations (OCO) funding levels has continued as Members debate annual foreign affairs and defense budgets. A key feature of OCO funds is their effective exemption, like emergency funds, from the discretionary spending limits established by the Budget Control Act of 2011 through FY2021 (BCA, P.L. 112-25). Some Members have suggested that this exemption provides agencies with additional budget cushioning and flexibility, allowing defense and nondefense foreign affairs funding to exceed the spending caps. Others have criticized the OCO designation, labeling it as a 'slush fund' that provides funds for programs unrelated to contingency operations. [...] While ongoing debate in Congress over OCO may focus on defense spending (where the largest share of OCO funds are appropriated), foreign affairs OCO funding may continue to play a role in the international affairs budget."
Library of Congress. Congressional Research Service
Morgenstern, Emily M.
2019-12-30
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Legal Authority to Repurpose Funds for Border Barrier Construction [Updated December 30, 2019]
From the Document: "President Trump has prioritized the construction of border barriers along the U.S.-Mexico border. Over the course of negotiations for FY2019 appropriations, the Administration asked Congress to appropriate $5.7 billion to the Department of Homeland Security (DHS) for that purpose. When Congress appropriated $1.375 billion to DHS for border fencing, the President announced that his Administration would fund the construction of border barriers by repurposing funds appropriated to the Department of Defense (DOD) and transferring funds from the Department of the Treasury."
Library of Congress. Congressional Research Service
Elsea, Jennifer K.; Liu, Edward C.
2019-12-30
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Brief Introduction to the National Flood Insurance Program [Updated December 30, 2019]
From the Document: "The National Flood Insurance Program (NFIP) is the primary source of flood insurance coverage for residential properties in the United States. The NFIP has two main policy goals: (1) to provide access to primary flood insurance, thereby allowing for the transfer of some of the financial risk of property owners to the federal government; and (2) to mitigate and reduce the nation's comprehensive flood risk through the development and implementation of floodplain management standards. A longer-term objective of the NFIP is to reduce federal expenditure on disaster assistance after floods. As a public insurance program, the goals of the NFIP are different from the goals of private-sector insurance companies. It encompasses social goals to provide flood insurance in flood-prone areas to property owners who otherwise would not be able to obtain it and to reduce the government's cost after floods. The NFIP also engages in many 'noninsurance' activities in the public interest: it identifies and maps flood hazards, disseminates flood-risk information through flood maps, requires community land-use and building-code standards, contributes to community resilience by providing a mechanism to fund rebuilding after a flood, and offers grants and incentive programs for household- and community-level investments in flood-risk reduction."
Library of Congress. Congressional Research Service
Horn, Diane P.
2019-12-30
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Campaign Finance Law: Disclosure and Disclaimer Requirements for Political Campaign Advertising [December 30, 2019]
From the Document: "Federal campaign finance law sets forth disclosure and disclaimer requirements for certain types of political campaign advertisements. The term 'disclosure' refers to periodic reporting to the Federal Election Commission (FEC) of funds received and spent, and the term 'disclaimer' refers to an attribution statement that appears on a campaign-related communication. Generally, the Supreme Court has upheld the constitutionality of such requirements, determining that they serve the governmental interests of informing the electorate, deterring corruption or its appearance, and facilitating enforcement of the law. This In Focus surveys current law establishing disclosure and disclaimer requirements and discusses pertinent constitutional considerations for legislation, should Congress decide to enhance or modify such requirements."
Library of Congress. Congressional Research Service
Whitaker, L. Paige
2019-12-30
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Defense Primer: Military Use of the Electromagnetic Spectrum [Updated December 30, 2019]
From the Document: "Since the introduction of the two-way radio in the early 1900s, militaries have been interested in the electromagnetic spectrum ('the spectrum'). The proliferation of spectrum-dependent systems in all military domains--air, land, sea, space, and cyberspace--along with Department of Defense (DOD) concepts, such as net-centric warfare and multidomain battle, increases the military's dependence on the spectrum."
Library of Congress. Congressional Research Service
Hoehn, John R.
2019-12-30
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Defense Primer: Senior Reserve Officer Training Corps [Updated December 27, 2019]
From the Background: "The Senior Reserve Officer Training Corps (SROTC)--more commonly referred to as the Reserve Officer Training Corps (ROTC)--is an officer training and scholarship program for postsecondary students authorized under Chapter 103 of Title 10 United States Code. By enrolling in ROTC, students can pursue an undergraduate degree while also training to become U.S. military officers. The military departments--Army, Air Force, and Navy--manage their own ROTC programs, which are hosted at civilian universities and colleges. The Navy ROTC program includes a Marine Corps option. The Coast Guard, part of the Department of Homeland Security, does not have an ROTC program, but does offer a College Student PreCommissioning Initiative (CSPI) that awards scholarships to students at minority-serving institutions and placement in the Coast Guard Officer Candidate School. The military departments provide scholarships and other forms of financial assistance to participating students. In return, students commit to accept an appointment as an officer in the U.S. military upon graduation. The ROTC program is the largest single source of commissioned officers, producing over 6,000 officers annually."
Library of Congress. Congressional Research Service
Kamarck, Kristy N.; Mackey, William
2019-12-27
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Terrorism Risk Insurance: Overview and Issue Analysis for the 116th Congress [Updated December 27, 2019]
From the Document: "Prior to the September 11, 2001, terrorist attacks, coverage for losses from such attacks was normally included in general insurance policies without additional cost to the policyholders. Following the attacks, such coverage became expensive, if offered at all. Since TRIA's passage, the private industry's willingness and ability to cover terrorism risk have increased. [...] Congress responded to the disruption in the insurance market with the Terrorism Risk Insurance Act of 2002 (TRIA; P.L. 107-297). [...] According to data collected by the Treasury, in 2017, approximately 78% of insureds purchased the optional terrorism coverage, paying $3.65 billion in premiums. Over the life of the program, premiums earned by unrelated insurers have totaled $38 billion. This relative market calm has been under the umbrella of TRIA coverage and in a period in which no terrorist attacks have occurred that resulted in government payments under TRIA. It is unclear how the insurance market would react to the expiration of the federal program, although at least some instability might be expected were this to occur. In the 116th Congress, standalone legislation to extend the TRIA program for seven years (H.R. 4634 and S. 2877) was considered, and P.L. 116-94, enacted December 20, 2019, included language extending TRIA to December 31, 2027."
Library of Congress. Congressional Research Service
Webel, Baird
2019-12-27
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Global Human Rights: International Religious Freedom Policy [Updated December 27, 2019]
From the Introduction: "For decades, U.S. policymakers have sought to promote religious freedom abroad, reflecting both support for human rights in U.S. foreign policy as well as the particular emphasis on freedom of religion in U.S. domestic law and political culture. Protection of religious freedom is also affirmed in international law through the United Nations Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other instruments. Congress has been a strong advocate for international religious freedom issues and has sought to ensure U.S. support for religious freedom as a focus of U.S. foreign policy, most prominently through passage of the International Religious Freedom Act of 1998."
Library of Congress. Congressional Research Service
Weber, Michael A.
2019-12-27
