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1. Americans on War Powers, Authorization for Use of Military Force and Arms Sales: A National Survey of Registered Voters

Author:
Steven Kull
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Center for International and Security Studies at Maryland (CISSM)
Abstract:
The question of when the United States should use military force is a profound question. There has been a long-running debate about the role of Congress and the President when it comes to making this decisions. The constitution gives Congress the power to fund the military and declare war, and declares the President as the Commander in Chief of the military. However, there are ambiguities about which branch of government has the power in a number of specific situations related to the use of force and the transfer of arms to another country. Currently there are a number of pieces of Congressional legislation that seek to give Congress greater power. One proposal seeks to give Congress greater influence over the use of military force outside of the framework of a declaration of war or in response to an attack on the US. Current law, grounded in the War Powers Act of 1973, requires that the President withdraw troops after 60 days unless Congress votes in favor of continuing it. However, since its passage, every President has considered this unconstitutional and many have not abided by it, keeping forces in place without Congressional approval. In order to stop such a military operation, Congress must gather a veto-proof majority, or bring the President to court. Neither has ever happened. A proposal that has been put forth in Congress is to ‘flip the script’ on this, and automatically cut off funding to such military operations after 60 days, unless Congress actively votes in favor of continuing the operation. (Based on H.R. 2108, H.R. 5410 and S. 2391) Another proposal deals with the termination of a Congressional authorization to use military force (AUMF). Shortly after the September 11 attacks Congress authorized the President to use military force against those responsible for the attacks, or who have aided those responsible. Since then all presidents have used this AUMF to justify various uses of force that some Members of Congress feel go beyond its original purpose. Currently there is a proposal to terminate this AUMF which requires an act of Congress. (Based on H.R. 255 and S. 2391) The last proposal seeks to give Congress greater authority over arms sales. Currently, all arms sales must be approved by the President, and Congress can only halt an arms sale with a majority vote, or more realistically a veto-proof majority. Members of Congress believe that it should be easier for Congress to halt an arms sale. They have introduced a proposal that would also ‘flip the script’ in this case by requiring that any arms sale over $14 million only proceed if Congress votes in favor. (Based on H.R. 5410 and S. 2391) To bring the American people a voice at the table of the current debate on these various pieces of legislation, the Program for Public Consultation (PPC) has conducted an in-depth on-line survey of 2,702 registered voters with a probability-based sample provided by Nielsen Scarborough.
Topic:
Defense Policy, Military Strategy, Public Opinion, and Civil-Military Relations
Political Geography:
North America and United States of America

2. US-Russian Contention in Cyberspace: Are Rules of the Road Necessary or Possible?

Author:
Pavel Sharikov
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Center for International and Security Studies at Maryland (CISSM)
Abstract:
In recent years, as news of U.S.-Russian tensions in the cyber domain has dominated headlines, some strategic thinkers have pointed to the need for a bilateral cyber “rules of the road” agreement. American political scientist Joseph Nye, a former head of the U.S. National Intelligence Council, wrote in 2019 that, even “if traditional arms-control treaties are unworkable” in cyberspace, “it may still be possible to set limits on certain types of civilian targets, and to negotiate rough rules of the road that minimize conflict.” Robert G. Papp, a former director of the CIA’s Center for Cyber Intelligence, has likewise argued that “even a cyber treaty of limited duration with Russia would be a significant step forward.” On the Russian side, President Vladimir Putin himself has called for “a bilateral intergovernmental agreement on preventing incidents in the information space,” comparing it to the Soviet-American Agreement on the Prevention of Incidents on and Over the High Seas. Amid joint Russian-U.S. efforts, the Working Group on the Future of U.S.-Russia Relations recommended several elements of an agreement in 2016, among them that Russia and the U.S. agree “on the types of information that are to be shared in the event of a cyberattack” (akin to responses to a bio-weapons attack) and prohibit both “automatic retaliation in cases of cyberattacks” and “attacks on elements of another nation’s core internet infrastructure.” Most recently, in June 2021, a group of U.S., Russian and European foreign-policy officials and experts called for “cyber nuclear ‘rules of the road.’”
Topic:
Foreign Policy, Military Strategy, Cybersecurity, Conflict, and Cyberspace
Political Geography:
Russia, Europe, North America, and United States of America

3. Restoring and Improving Nuclear Forensics to Support Attribution and Deterrence

Author:
Steve Fetter
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
Center for International and Security Studies at Maryland (CISSM)
Abstract:
Nuclear forensics is the analysis of nuclear materials, devices, emissions, and signals to determine the origin and history of those nuclear materials and devices. At the request of the Secretary of Energy, and in consultation with the Secretary of Defense and the Secretary of Homeland Security, Restoring and Improving Nuclear Forensics to Support Attribution and Deterrence evaluates the U.S. government's nuclear forensics capabilities. A 2010 National Academies report, Nuclear Forensics: A Capability at Risk, characterized the precarious state of the national technical nuclear forensics (NTNF) program at that time: NTNF relied almost entirely on staff dedicated to and residual funding from other related programs. This summary report addresses the current state of U.S. NTNF capabilities relative to the National Academies evaluation in 2010 and recommends ways to improve the NTNF program through improvements in policy, operations, and research and development efforts.
Topic:
Arms Control and Proliferation, Nuclear Weapons, Military Strategy, and Deterrence
Political Geography:
North America and United States of America