Congressional Service Reports and Briefs — September 2014

— Domani Spero
[twitter-follow screen_name=’Diplopundit’ ]

 

Note that most of the docs below via state.gov are in pdf format:

-09/25/14   The United Arab Emirates (UAE): Issues for U.S. Policy  [440 Kb]
-09/24/14   Japan – U.S. Relations: Issues for Congress  [716 Kb]
-09/24/14   The “Khorasan Group” in Syria – CRS Insights  [55 Kb]
-09/24/14   Unaccompanied Alien Children: Demographics in Brief  [307 Kb]
-09/22/14   Climate Summit 2014: Warm-Up for 2015 – CRS Insights  [60 Kb]
-09/19/14   American Foreign Fighters and the Islamic State: Broad Challenges for Federal Law Enforcement – CRS Insights  [57 Kb]
-09/18/14   Energy Policy: 113th Congress Issues  [242 Kb]
-09/18/14   Russia’s Compliance with the INF Treaty – CRS Insights  [55 Kb]
-09/17/14   Afghanistan: Politics, Elections, and Government Performance  [670 Kb]
-09/17/14   Armed Conflict in Syria: Overview and U.S. Response  [880 Kb]
-09/16/14   Proposed Train and Equip Authorities for Syria: In Brief  [288 Kb]
-09/16/14   The U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implementation  [589 Kb]
-09/15/14   Instances of Use of United States Armed Forces Abroad, 1798-2014  [484 Kb]
-09/15/14   Iraq: Politics, Governance, and Human Rights  [499 Kb]
-09/15/14   Man Without a Country? Expatriation of U.S. Citizen “Foreign Fighters”  [58 Kb]
-09/12/14   Iraqi and Afghan Special Immigrant Visa Programs  [340 Kb]
-09/10/14   Armed Conflict in Syria: Overview and U.S. Response  [647 Kb]
-09/10/14   Diplomatic and Embassy Security Funding Before and After the Benghazi Attacks [413 Kb]
-09/10/14   The “Islamic State” Crisis and U.S. Policy  [562 Kb]
-09/10/14   U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2015 Appropriations  [368 Kb]
-09/09/14   Considerations for Possible Authorization for Use of Military Force Against the Islamic State – CRS Insights  [56 Kb]
-09/09/14   U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions  [355 Kb]
-09/08/14   Armed Conflict in Syria: Overview and U.S. Response  [633 Kb]
-09/08/14   Libya: Transition and U.S. Policy  [737 Kb]
-09/05/14   China’s Leaders Quash Hong Kong’s Hopes for Democratic Election Reforms – CRS Insights  [57 Kb]
-09/05/14   Defense Surplus Equipment Disposal, Including the Law Enforcement 1033 Program [272 Kb]
-09/05/14   Protection of Trade Secrets: Overview of Current Law and Legislation  [433 Kb]
-09/05/14   U.S. Strategic Nuclear Forces: Background, Developments, and Issues  [512 Kb]
-09/04/14   Ukraine: Current Issues and U.S. Policy  [365 Kb]
-09/03/14   Pakistan Political Unrest: In Brief  [250 Kb]

 

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Short and boring lives of the G222 Planes in Kabul — from $486M to scrap at 6 cents a pound!

— Domani Spero
[twitter-follow screen_name=’Diplopundit’ ]

 

We’re late on this, but last week, SIGAR released two letters to Secretary Hagel and to Air Force Secretary Deborah L. James concerning the  failed G222 aircraft program for the Afghan Air Force.

Starting in 2008, DOD apparently initiated a program to provide 20 of these Italian-made aircraft to the Afghan Air Force.   The Defense Department spent $486 million for these airplanes, which according to the SIGAR, “could not meet operational requirements in Afghanistan.” Sixteen of these aircraft were recently destroyed at Kabul International Airport,  scrapped by the Defense Logistics Agency, and the remains were sold to an Afghan construction company for about $32,000 total.  SIGAR calculates that the scrap was sold at roughly 6 cents a pound. The remaining four airplanes are reportedly stored at Ramstein Air Base in Germany, presumably to help fight the Taliban at some later date?

Here are the $486 million airplanes you paid for:

Photo via SIGAR

Photo via SIGAR

 Here are the scrapped beauties at 6 cents a pound:

Screen Shot 2014-10-15

Photo via SIGAR

Screen Shot 2014-10-15

Here are the links to the letters:
http://www.sigar.mil/pdf/special%20projects/SIGAR-15-04-SP_IL_G222%20Disposition%20Notf%20Req_03Oct2014_Redacted.pdf

http://www.sigar.mil/pdf/special%20projects/SIGAR-15-02-SP_IL_Scrapping%20of%20G222%20Fleet_03Oct2014_amd_Redacted.pdf

According to Defense Industry Daily:

The G.222/C-27A was not known as an easy aircraft to maintain, but it does feature outstanding short runway performance, and offers proven performance in hot weather and high altitudes. That seemed to make it well-suited for work in Afghanistan. Was it well suited to the Afghans?

That would depend on whether the Afghans could keep them in the air. The USAF tried to address the spares and maintenance issue through the program’s structure, paying for extensive training through the US military, an initial spare parts inventory, ground support equipment, technical publications in English and Dari, and 3 years worth of contractor logistics support.

But it didn’t work.

These are not the only aircraft DOD purchased for the Afghan Air Force. Defense Industry Daily has a rundown of the timeline and the contracts here.

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Man without a Country? Expatriation of a U.S. Citizen (Via CRS)

— Domani Spero
[twitter-follow screen_name=’Diplopundit’ ]

 

Some Members of Congress have advocated and sponsored bills for expatriation, one way of losing citizenship, as a method of dealing with U.S. citizens fighting abroad for foreign terrorist groups such as the Islamic State in Iraq and Syria (ISIS). In early September S.2779 was introduced in Congress to amend section 349 of the Immigration and NationalityAct to deem specified activities in support of terrorism as renunciation of U.S. nationality.

Below via the CRS:

The current law enumerates seven actions that may result in the expatriation of a U.S. citizen, regardless of whether that person is a citizen by birth or naturalization. These acts demonstrate an allegiance to another nation which may be incompatible with allegiance to the U.S. The most relevant acts for the pending bills include: (1) taking an oath of allegiance to a foreign state or one of its political subdivisions; (2) serving in the armed forces of a hostile foreign state or serving as a commissioned or non-commissioned officer in the armed forces of any foreign state; and (3) serving in any office, post or employment under a foreign state’s government after turning 18 years old, if one is also either a dual national of that state or is required to swear or declare allegiance to that state for the position. For these particular acts, a citizen cannot be expatriated while he is in the U.S. or its possessions. However, acts committed in the U.S. or its possessions can be grounds for expatriation once the citizen leaves the U.S. and resides outside of it and its possessions. Also, a citizen who asserts his claim to U.S. citizenship within six months of becoming 18 years old cannot be expatriated because of serving in the armed forces of a foreign state or making a formal renunciation abroad before a U.S. diplomatic or consular official before the age of 18 years.
[…]

None of the acts listed above result in expatriation unless committed voluntarily and with the intent to relinquish citizenship. These requirements are derived from U.S Supreme Court interpretation of the constitutional requirements for expatriation. In Afroyim v. Rusk, the Court found that the Citizenship Clause of the Fourteenth Amendment prevents Congress from legislating the automatic loss of citizenship acquired by naturalization or birth in the U.S. merely because of specified conduct, without the citizen’s assent. Then, in Vance v. Terrazas, the Court elaborated on its earlier Afroyim decision by holding that the U.S. Government must prove specific intent to renounce citizenship. The current expatriation statute requires that the burden of proof is on the party claiming that expatriation occurred, i.e., the U.S. Government, to establish the claim by a preponderance of the evidence. Any act of expatriation will be presumed to have been done voluntarily, but the presumption may be rebutted by a preponderance of the evidence that the act was not done voluntarily. In Terrazas, the Court upheld these statutory evidentiary standards as constitutional, but in light of Afroyim and the Fourteenth Amendment, it held that no presumption of intent arises from an expatriating act. The Court also indicated that a finding of intent does not require a written, express relinquishment of citizenship, but could be inferred from conduct that was completely inconsistent with and derogatory to allegiance to the U.S. and could be established by a preponderance of the evidence.
[…]
Congress does not have unlimited authority to prescribe acts as potentially expatriating. Certain actions, formerly included in the list of expatriating acts under the current statute or its precursor, were found unconstitutional for various reasons by the U.S. Supreme Court and subsequently repealed. These include desertion from the armed forces in wartime, draft evasion during wartime or a national emergency, and voting in a foreign election. Additionally, the U.S. Supreme Court has held that the Fifth Amendment bars lawfully naturalized citizens from losing citizenship for acts that do not apply to native-born citizens.

Read in full here (pdf).

Also, former FSO Peter Van Buren has a piece related to this at Firedoglake/The Dissenter:  Can the US Seize Would-Be Jihadis’ Passports? that would go well with the CRS material.

 

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