Arguably, the three most important homeland security public laws enacted following the terrorist attacks on September 2001 are the USA PATRIOT Act, the Homeland Security Act of 2002, and the Intelligence Reform and Terrorism Prevention Act of 2004. This report describes each of these pieces of legislation and their respective domestic security enhancements. Many important state and local homeland security policy issues remain, separate from these three laws, which the 109th Congress might address. This report also describes these such issues, which include unmet emergency responder needs, absence of emergency responder equipment standards, and the development of state and local homeland security strategies, among others.
Arguably, the three most important homeland security public laws enacted following the terrorist attacks on September 2001 are: P.L. 107-56, “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act)”; P.L. 107-296, “Homeland Security Act of 2002”; and P.L. 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004.” The PATRIOT Act focused on enhancing domestic security through anti-terrorism measures, specifically, law enforcement and legal responses to terrorism. The Homeland Security Act established the Department of Homeland Security (DHS), and the Intelligence Reform and Terrorism Prevention Act restructured the U.S. intelligence community to better assist in terrorism preparedness and response.
This report is an overview of the Administration’s budget request for the following seven homeland security programs designed to provide assistance to state and local first responders — firefighters, emergency medical personnel, emergency managers, and law enforcement officers.
This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures.
This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures.
This report is an overview of the Administration’s budget request for the following seven homeland security programs designed to provide assistance to state and local first responders — firefighters, emergency medical personnel, emergency managers, and law enforcement officers.
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
In the aftermath of last year’s hurricane season, questions arose regarding increased prices in the areas affected by Hurricanes Katrina, Rita, and Wilma and the effect that the damage caused by the hurricanes would have on prices, specifically gasoline prices, in other parts of the country. As gasoline prices have continued to rise in the months since, Congress has considered legislation addressing gasoline and oil prices that includes provisions related to price gouging. The House has recently passed two bills that include a federal prohibition on price gouging (H.R. 3893 and H.R. 5253). This report discusses state laws regarding price gouging, the role of the federal government in addressing rising gas prices, and selected federal legislative proposals specific to price gouging.
In theory, state sales and use taxes are consumption taxes based on the destination principle. The destination principle prescribes that taxes should be paid where the consumption takes place. Sales taxes collected at the point of sale achieve this if consumption takes place near the point of transaction. Thus, to remain consistent with the destination principle, consumers pay a use tax on products purchased out-of-state and used in their home state where consumption likely takes place.
In theory, state sales and use taxes are based on the destination principle, which prescribes that taxes should be paid where the consumption takes place. States are concerned because they anticipate gradually losing more tax revenue as the growth of Internet commerce allows more residents to buy products from vendors located out-of-state and evade use taxes. The size of the revenue loss from Internet commerce and subsequent tax evasion is uncertain. Congress is involved in this issue because commerce conducted by parties in different states over the Internet falls under the Commerce Clause of the Constitution. The degree of congressional involvement is an open question.
The proposed acquisition of major operations in six major U.S. ports by Dubai Ports World and of Unocal by the China National Offshore Oil Corporation sparked intense concerns among some Members of Congress and the public and has reignited the debate over what role foreign acquisitions play in U.S. national security. The United States actively promotes internationally the national treatment of foreign firms. Several Members of Congress have introduced various measures during the 2nd Session of the 109th Congress that can be grouped into four major areas: those that deal specifically with the proposed Dubai Ports World acquisition; those that focus more generally on foreign ownership of U.S. ports; those that would amend the CFIUS process; and those that would amend the Exon-Florio process.
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.
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.
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.
Security breaches involving electronic personal data have come to light largely as a result of the California Security Breach Notification Act, a California notification law that went into effect in 2003. In response, the states and some Members have introduced bills that would require companies to notify persons affected by such security breaches. By December 2005, 35 states had introduced data security legislation and 22 states had enacted data security laws.
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