Under the federal system in the United States, the states and localities traditionally have held the major responsibility for prevention and control of crime and maintenance of order. For most of the Republic’s history, “police powers” in the broad sense were reserved to the states under the Tenth Amendment to the Constitution. Many still hold that view, but others see a string of court decisions in recent decades as providing the basis for a far more active federal role. Several bills are discussed in this report that address issues related to crime, juvenile justice, and Congress’ evolving role in crime legislation.
Under the federal system in the United States, the states and localities traditionally have held the major responsibility for prevention and control of crime and maintenance of order. For most of the Republic’s history, “police powers” in the broad sense were reserved to the states under the Tenth Amendment to the Constitution. Many still hold that view, but others see a string of court decisions in recent decades as providing the basis for a far more active federal role. Several bills are discussed in this report that address issues related to crime, juvenile justice, and school violence.
At the 0.08 BAC level of alcohol, braking, steering, lane changing, and judgment are degraded and the driving performance of virtually all drivers is substantially impaired. During the debate on reauthorization of the federal surface transportation programs, an amendment that would require each state either to enact a 0.08 BAC law or face the loss of a portion of its Federal Highway Trust Fund monies passed the Senate and will likely be considered in the House. This proposal raises questions about the effectiveness and impacts of a 0.08 BAC law, the rights of states versus the federal government, and alternative ways to encourage the states to adopt stronger impaired driving countermeasures.
The Clinton Administration is encouraging states and local educational agencies (LEAs) to administer new national tests to 4th-grade pupils in reading and 8th-grade pupils in mathematics each year beginning in 2000. Participation in the tests would be voluntary and would not affect a state or LEA’s eligibility for federal aid programs. These tests would be based on existing assessments that were developed with federal financial support. The federal government would oversee the development of the tests, paying the costs for this as well as technical assistance, and the initial round of test administration, using funds under the Fund for the Improvement of Education (FIE).
Proposals to increase competition in the electric utility industry involve segmenting electric functions (generation, transmission, distribution) that are currently integrated (or bundled) in most cases (both in terms of corporate and rate structures). This report identifies five basic issues this effort raises for the Congress to consider as the debate on restructuring proceeds.
Proposals to increase competition in the electric utility industry involve segmenting electric functions (generation, transmission, distribution) that are currently integrated (or bundled) in most cases (both in terms of corporate and rate structures). This report identifies five basic issues this effort raises for the Congress to consider as the debate on restructuring proceeds.
The Homeland Security Act of 2002 (P.L. 107-296) makes the new Department of Homeland Security (DHS) responsible for providing assistance to state and local governments to ensure adequate preparedness for all disasters, including terrorist attacks. Several federal entities with functions relating to state and local preparedness, ranging from entire independent agencies to units of agencies and departments, will be transferred to the new department.
The Homeland Security Act of 2002 (P.L. 107-296) makes the new Department of Homeland Security (DHS) responsible for providing assistance to state and local governments to ensure adequate preparedness for all disasters, including terrorist attacks. Several federal entities with functions relating to state and local preparedness, ranging from entire independent agencies to units of agencies and departments, will be transferred to the new department.
The Homeland Security Act of 2002 (P.L. 107-296) makes the new Department of Homeland Security (DHS) responsible for providing assistance to state and local governments to ensure adequate preparedness for all disasters, including terrorist attacks. Several federal entities with functions relating to state and local preparedness, ranging from entire independent agencies to units of agencies and departments, will be transferred to the new department.
Both H.R. 5005 and S. 2452 propose a new Department of Homeland Security (DHS), which would have a number of responsibilities relating to state and local preparedness for potential terrorist attacks. This report discusses selected state and local preparedness issues that specifically pertain to the proposed Emergency Preparedness and Response Division of the new department.1 The report does not, however, discuss certain issues, such as the impact of integrating selected offices from the Department of Health and Human Services (HHS) into a new DHS,2 and the degree of authority the DHS would need to effectively evaluate state and local assistance programs.
Tax-exempt bonds subsidize public power's cost of capital and enable it to lower price. The subsidy is economically beneficial (enables public power price to reflect the true cost of electric service) only if the private market fails to provide the correct amount of electricity. In general, the private market does provide the correct amount of electricity; in those cases when it does not, the tax-exempt bond subsidy is unlikely to correct the problem. Tax-exempt bond legislation over the last 30 years is consistent with this perspective; its focus has been to prohibit the spread of subsidized public power beyond its traditional service areas.
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 will examine the preemption provisions of ERISA, the U.S. Supreme Court’s interpretation of these provisions, selected cases applying ERISA to state medical malpractice and negligence claims, and the congressional response to the issue.
This report provides background on the Community Services Block Grants (CSBG) and related activities, including information on funding, and tracks the progress of relevant legislation and appropriations measures.
The Social Services Block Grant (SSBG) is a flexible source of funds that states may use to support a wide variety of social services activities. States have broad discretion over the use of these funds. This short report provides background information on the SSBG and tracks relevant legislation and appropriations measures.
The Social Services Block Grant (SSBG) is a flexible source of funds that states may use to support a wide variety of social services activities. States have broad discretion over the use of these funds. This short report provides background information on the SSBG and tracks relevant legislation and appropriations measures.
The Social Services Block Grant (SSBG) is a flexible source of funds that states may use to support a wide variety of social services activities. States have broad discretion over the use of these funds. This short report provides background information on the SSBG and tracks relevant legislation and appropriations measures.
The Social Services Block Grant (SSBG) is a flexible source of funds that states may use to support a wide variety of social services activities. States have broad discretion over the use of these funds. This report provides background information on the SSBG and tracks relevant legislation and appropriations measures.
The Social Services Block Grant (SSBG) is a flexible source of funds that states may use to support a wide variety of social services activities. States have broad discretion over the use of these funds. This short report provides background information on the SSBG and tracks relevant legislation and appropriations measures.
The Unfunded Mandate Reform Act of 1995 (S. 1; H.R. 5) responds to the concerns of many State and local officials with regard to costs placed upon them by "unfunded mandates." Generally, unfunded mandates are responsibilities or duties placed on one level of government by another without paying the costs of carrying out such responsibilities or duties.
The Social Services Block Grant (SSBG) is a flexible source of funds that states may use to support a wide variety of social services activities. States have broad discretion over the use of these funds. This short report provides background information on the SSBG and tracks relevant legislation and appropriations measures.
This report identifies several significant eras and events in the evolution of American federalism and provides a capsule description or discussion of each. It should be noted that among experts in the field of federalism there may be a general consensus concerning the evolution of American federalism; however, the choice of events and scholarly interpretations of such events may vary and are by nature subjective.
Under current federal law, local governments are compensated through various programs for losses to their tax bases due to the presence of most federally owned land. Some of these programs are run by specific agencies, and apply only to that agency's land. The most widely applicable program, while run by the Bureau of Land Management (BLM), applies to many types of federally owned land, and is called "Payments in Lieu of Taxes" or PILT. The level of payments is calculated under a complex formula.
In this report Congress addresses a number of community development issues, including reauthorization of the CDBG and revision of the CDBG program definitions of entitlement communities and low- and moderate-income households. Congress also will consider legislation appropriating funds for the program for FY2001, including funding for a number of new initiatives proposed by the Clinton Administration.
This report has two main sections. In the first section “Identifying Public Safety Needs,” some of the organizations involved with public safety telecommunications are introduced, and key activities dealing with wireless and spectrum issues are summarized. The second main section, “Spectrum for Public Safety,” is organized by the major spectrum bands where public safety wireless communications are in use or planned. These are at: 100-512 MHz; 700 MHz; 800 MHz; 900 MHz and 4.9 GHz. Ultra-wide band (UWB), that broadcasts across a broad range of frequencies, is also discussed. The final section of this report recaps recent activities and legislation in the 107th and 108th Congresses regarding public safety and spectrum use.
This report has two main sections. In the first section “Identifying Public Safety Needs,” some of the organizations involved with public safety telecommunications are introduced, and key activities dealing with wireless and spectrum issues are summarized. The second main section, “Spectrum for Public Safety,” is organized by the major spectrum bands where public safety wireless communications are in use or planned. These are at: 100-512 MHz; 700 MHz; 800 MHz; 900 MHz and 4.9 GHz. Ultra-wide band (UWB), that broadcasts across a broad range of frequencies, is also discussed. The final section of this report recaps recent activities and legislation in the 107th and 108th Congresses regarding public safety and spectrum use.
Regional growth management is largely addressed at he local and state levels, driven by a myriad of concerns. Many of these concerns re driven by the concept of sprawl, and pit expansion of suburban development against protection of open space, agricultural activities, and amenity values. Local and state policies to these concerns are also diverse.
The issue arises occasionally whether it might be desirable to amend the U.S. Constitution to add an environmental provision - such as one declaring an individual right to a clean environment. Some attention was given this issue during the 1970s, when over a dozen states adopted clean environment or other environmentally oriented provisions in their constitutions. Our focus here is solely personal right to a clean environment provisions and the questions they raise. Are they self-executing, or dependent instead on implementing legislation? Do they create private rights of action? If so, on whose behalf, for what remedies, and against what categories of defendants? What is the standard to be enforced, and the level of proof needed to show injury? And so on. All these issues would arise as well were a federal-right-to-a-clean-environment provision to be proposed. In addition, a federal provision would implicate federalism concerns if its scope exceeded that of the Commerce Clause.
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