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Mandatory Vaccinations: Precedent and Current Laws
This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
Community Development Block Grant Funds in Disaster Relief and Recovery
This report discusses how Community Development Block Grant (CDBG) programs are funded by Congress and what they have been used for in recent years: recovery efforts following terrorist attacks, riots, and natural disasters.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
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.
Child Custody and Support: Frequently Asked Questions
This report answers questions regarding the differences between federal and state laws on domestic issues.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
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.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
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.
Internet Commerce and State Sales and Use Taxes
State governments rely on sales and use taxes for approximately one-third (33.6%) of their total tax revenue - or approximately $179 billion in FY2002 .' Local governments derived 12.4% of their tax revenue or $44 .1 billion from local sales and use taxes in FY20012 Both state and local sales taxes are collected by vendors at the time of transaction and are levied at a percentage of a product's retail price. Alternatively, use taxes are not collected by the vendor if the vendor does not have nexus (loosely defined as a physical presence) in the consumer's state . Consumers are required to remit use taxes to their taxing jurisdiction . However, compliance with this requirement is quite low. Because of the low compliance, many observers suggest that the expansion of the internet as a means of transacting business across state lines, both from business to consumer (B to C) and from business to business (B to B), threatens to diminish the ability of state and local governments to collect sales and use taxes . Congress has a role in this issue because commerce between parties in different states conducted over the Internet falls under the Commerce Clause of the Constitution.' Congress can either take an active or passive role in the "Internet tax" debate. This report intends to clarify important issues in the Internet tax debate .
Mandatory Vaccinations: Precedent and Current Laws
No Description Available.
Internet Commerce and State Sales and Use Taxes
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.
Mandates Information Act: Implications for Congressional Action on Legislation Containing Private Sector Mandates
No Description Available.
Information Brokers: Federal and State Laws
This report discusses the federal and state laws that could be applicable to information brokers and legislation that has been introduced to address consumer concerns about the practice of information gathering, the selling of information, and identity theft resulting from security breaches.
Implications of the Medicare Prescription Drug Benefit for State Budgets
No Description Available.
Federal and State Quarantine and Isolation Authority
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.
Internet Commerce and State Sales and Use Taxes
State governments rely on sales and use taxes for approximately one-third (32.3%) of their total tax revenue – or approximately $174 billion in FY2000. Local governments derived 16.4% of their tax revenue or $51.6 billion from local sales and use taxes in FY1999. Both state and local sales taxes are collected by vendors at the time of transaction and are levied at a percentage of a product’s retail price. Alternatively, use taxes are not collected by vendors if they do not have nexus (loosely defined as a physical presence) in the consumer’s state. Consumers are required to remit use taxes to their taxing jurisdiction. However, compliance with this requirement is quite low. Because of the low compliance, many observers suggest that the expansion of the internet as a means of transacting business across state lines, both from business to consumer (B to C) and from business to business (B to B), threatens to diminish the ability of state and local governments to collect sales and use taxes. Congress has a role in this issue because commerce between parties in different states conducted over the Internet falls under the Commerce Clause of the Constitution. Congress can either take an active or passive role in the “Internet tax” debate. This report intends to clarify important issues in the Internet tax debate.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
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.
State and Local Sales and Use Taxes and Internet Commerce
No Description Available.
Terminal Operators and Their Role in U.S. Port and Maritime Security
No Description Available.
Mandatory Vaccinations: Precedent and Current Laws
This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
Information Sharing for Homeland Security: A Brief Overview
This report reviews some of the principal existing homeland security information sharing arrangements, as well as some projected arrangements in this regard, and discusses related policy, evaluations, and proposed legislation.
Mandatory Vaccinations: Precedent and Current Laws
This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
First Responder Initiative: Policy Issues and Options
Following the terrorist attacks of September 2001, Congress has given considerable attention to the role of first responders in the nation’s homeland security efforts. This report discusses the “First Responder Initiative”, a recent proposal by the Bush Administration to help state and local first responders prepare for possible terrorist attacks.
First Responder Initiative: Policy Issues and Options
This report discusses the “First Responder Initiative,” a proposed block grant program to help state and local first responders prepare for possible terrorist attacks. Under the Administration proposal, the Federal Emergency Management Agency (FEMA) would administer the program, which, if approved, would provide $3.5 billion to states and localities.
Terrorism at Home and Abroad: Applicable Federal and State Criminal Laws
Terrorists’ attacks on the World Trade Center, the Pentagon, the Murrah building in Oklahoma City, and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. This is a brief overview of the state and federal laws that now prohibit terrorism in this country and abroad.
Information Sharing for Homeland Security: A Brief Overview
No Description Available.
First Responder Initiative: Policy Issues and Options
This report discusses a new block grant program proposed by the Bush Administration called the “First Responder Initiative” to help state and local first responders prepare for possible terrorist attacks
First Responder Initiative: Policy Issues and Options
This report provides background information and policy analysis pertinent to proposals to restructure first responder assistance programs. Specifically, this report provides information on existing programs, appropriations, legislation in the 108th Congress, and selected policy issues. This report does not discuss all relevant policy issues, but, rather, those issues that may be germane to any significant restructuring of existing programs.
First Responder Initiative: Policy Issues and Options
This report provides background information and policy analysis pertinent to proposals to restructure first responder assistance programs. Specifically, this report provides information on existing programs, appropriations, legislation in the 108th Congress, and selected policy issues. This report does not discuss all relevant policy issues, but, rather, those issues that may be germane to any significant restructuring of existing programs.
Information Sharing for Homeland Security: A Brief Overview
No Description Available.
Drunk Driving: Should Each State Be Required to Enact a 0.08 Blood Alcohol Concentration (BAC) Law?
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.
Federal Crime Control Assistance to State and Local Governments
This report provides profiles of eight major Department of Justice programs to assist the state and local governments in combating crime.
Gasoline Price Increases: Federal and State Authority to Limit "Price Gouging"
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.
First Responder Initiative: Policy Issues and Options
This report provides background information and policy analysis pertinent to proposals to restructure first responder assistance programs. Specifically, this report provides information on existing programs, appropriations, legislation in the 108th Congress, and selected policy issues. This report does not discuss all relevant policy issues, but, rather, those issues that may be germane to any significant restructuring of existing programs.
First Responder Initiative: Policy Issues and Options
This report provides background information and policy analysis pertinent to proposals to restructure first responder assistance programs. Specifically, this report provides information on existing programs, appropriations, legislation in the 108th Congress, and selected policy issues. This report does not discuss all relevant policy issues, but, rather, those issues that may be germane to any significant restructuring of existing programs.
Medical Marijuana: Review and Analysis of Federal and State Policies
This report discusses the issue facing Congress on whether to continue to support the executive branch’s prosecution of medical marijuana patients and their providers, in accordance with marijuana’s status as a Schedule I drug under the Controlled Substances Act, or whether to relax federal marijuana prohibition enough to permit the medical use of botanical cannabis products by seriously ill persons, especially in states that have created medical marijuana programs under state law.
Survey of Recent State Policies to Manage Growth and Protect Open Space
No Description Available.
State and Local Sales and Use Taxes and Internet Commerce
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.
Drunk Driving and Raising the Drinking Age
This brief report is prepared in response to numerous requests for information on the related issues of drunk driving and raising the drinking age.
Social Services Block Grant: (Title XX of the Social Security Act)
The FY2008 Consolidated Appropriations Act (P.L. 110-161) maintains SSBG funding at $1.7 billion and maintains states' authority to transfer up to 10% of their Temporary Assistance for Needy Families (TANF) block grants to the SSBG. The $1.7 billion in regular funds mirrors funding included in both the FY2007 and FY2006 laws, but exceeds the $1.2 billion that the President proposed for FY2008, and most recently, for FY2009. The FY2009 budget also includes a proposal to eliminate the SSBG in FY2010. This report provides SSBG background information and tracks relevant legislation and appropriations measures.
Community Development Block Grant Funds in Disaster Relief and Recovery
This report discusses how Community Development Block Grant (CDBG) programs are funded by Congress and what they have been used for in recent years: recovery efforts following terrorist attacks, riots, and natural disasters. The 111th Congress has approved $100 million in CDBG funds to help states and communities undertake disaster recovery activities in presidentially declared disaster areas affected by severe storms and flooding during the period from March 2010 through May 2010. The act limited distribution of these funds to states where the entire state was declared a disaster area (Rhode Island) and to states where at least 20 counties within the state were declared disaster areas (Tennessee, Kentucky, and Nebraska).
Community Development Block Grant Funds in Disaster Relief and Recovery
This report discusses the CDBG program, which administered by the Department of Housing and Urban Development (HUD) is the federal government’s largest and most widely available source of financial assistance to support state and local government-directed neighborhood revitalization, housing rehabilitation, and economic development activities.
Community Development Block Grant Funds in Disaster Relief and Recovery
This report discusses how Community Development Block Grant (CDBG) programs are funded by Congress and what they have been used for in recent years: recovery efforts following terrorist attacks, riots, and natural disasters. The 111th Congress is considering $100 million in CDBG funds to help states and communities undertake disaster recovery activities in presidentially declared disaster areas affected by severe storms and flooding during the period from March 2010 through May 2010. The act limited distribution of these funds to states where the entire state was declared a disaster area (Rhode Island) and to states where at least 20 counties within the state were declared disaster areas (Tennessee, Kentucky, and Nebraska).
Medical Marijuana: Review and Analysis of Federal and State Policies
This report discusses the issue before Congress of whether to continue the federal prosecution of medical marijuana patients and their providers, in accordance with the federal Controlled Substances Act (CSA), or whether to relax federal marijuana prohibition enough to permit the medicinal use of botanical cannabis products when recommended by a physician, especially where permitted under state law.
SCHIP Financing: Funding Projections and State Redistribution Issues
No Description Available.
State and Local Sales and Use Taxes and Internet Commerce
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.
State Medicaid Program Administration: A Brief Overview
Medicaid is jointly financed by the federal and state governments, but each state designs and administers its own program within broad federal guidelines. This report provides a brief overview of the Medicaid program administration at the state level and includes information on organization, responsibilities, and expenditures. It also describes policy issues and proposals related to state Medicaid program administration that has attracted recent attention. It will be updated as legislative or other activity warrants.
Community Development Block Grant Funds in Disaster Relief and Recovery
In the aftermath of previous, presidentially-declared disasters, Congress has used the Community Development Block Grant (CDBG) program to help states and local governments finance recovery efforts, whether from natural or man-made disasters. This report will provide a general overview of the CDBG program and its use in disaster relief.
FY2006 Appropriations for State and Local Homeland Security
This report provides information about the FY2006 Appropriations for State and Local Homeland Security. This report is a preliminary overview of the administration FY2006 budget request and congress proposed appropriations for selected programs of homeland security.
The Exon-Florio National Security Test for Foreign Investment
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)
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.
Federal and State Authority to Regulate Radioactive Waste Disposal and Transportation
There appears to be a growing controversy concerning whether a state has the authority to prevent the federal government from disposing of nuclear wastes within it and transporting nuclear wastes through it. Several states have statutes purporting to veto the federal government's action in these areas. This report investigates whether these state statutes may be unconstitutional and preempted by federal statutes and regulations.
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