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State and Homeland Security: Unresolved Issues for the 109th Congress
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
State and Local Homeland Security: Unresolved Issues for the 109th Congress
This report discusses important state and local homeland security policy issues that the 109th Congress might address.
State and Local Economic Sanctions: Constitutional Issues
This report discusses the Constitutionality and ongoing legal concerns of sanctions enacted by states and localities restricting their agencies from conducting economic transactions with firms that do business with or in foreign countries whose conduct the jurisdictions find objectionable.
Unfunded Mandates Reform Act: History, Impact, and Issues
This report examines debates regarding what constitutes an "unfunded federal mandate" and the Unfunded Mandates Reform Act of 1995's (UMRA) implementation, requirements, and costs. It also assesses UMRA's impact on federal mandates and arguments concerning UMRA's future.
Unfunded Mandates Reform Act: History, Impact, and Issues
This report examines debates over what constitutes an unfunded federal mandate and UMRA's implementation. It focuses on UMRA's requirement that CBO issue written cost estimate statements for federal mandates in legislation, its procedures for raising points of order in the House and Senate concerning unfunded federal mandates in legislation, and its requirement that federal agencies prepare written cost estimate statements for federal mandates in rules. It also assesses UMRA's impact on federal mandates and arguments concerning UMRA's future, focusing on UMRA's definitions, exclusions, and exceptions which currently exempt many federal actions with potentially significant financial impacts on nonfederal entities.
PILT (Payments in Lieu of Taxes): Somewhat Simplified
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.
Welfare Reform: TANF Trends and Data
The size and character of the nation’s family cash welfare rolls and the composition of welfare spending have changed markedly since August, 1996, when Congress created the time-limited and work-conditioned block grant program of Temporary Assistance for Needy Families (TANF). Enrollment has plunged more than 50%. The share of recipients who combine welfare and work has risen sharply (26% in FY2000). The share of “child-only”cases, which are free of work and time limit rules, has climbed above one-third nationally and in nine states exceeds one-half of allTANF cases. The smaller caseload holds a rising proportion of black and Hispanic families.
Transitional Medical Assistance (TMA) Under Medicaid
Medicaid, a means-tested federal/state program that provides health care coverage to certain groups of individuals, requires that states continue Medicaid benefits for certain low-income families who would otherwise lose coverage because of changes in their income. This continuation of benefits is known as transitional medical assistance (TMA). The law permanently requires four months of TMA for families who lose Medicaid eligibility due to increased child or spousal support collections, as well as those who lose eligibility due to an increase in earned income or hours of employment. Congress expanded work-related TMA under Section 1925 of the Social Security Act as part of the Family Support Act of 1988, and states currently must provide TMA to families who lose Medicaid eligibility for work-related reasons for at least six, and up to 12, months.
Gonzales v. Raich: Congress’s Power Under the Commerce Clause to Regulate Medical Marijuana
No Description Available.
State Taxation of Internet Transactions
This report intends to clarify significant issues in the remote sales tax collection debate, beginning with a description of state and local sales and use taxes. Congress has a role in this issue because interstate commerce, in most cases, falls under the Commerce Clause of the Constitution. Congress will likely be asked to choose between taking either an active or passive role in the debate. In the 111th Congress, H.R. 5660 (former Representative Delahunt) would have granted SSUTA member states the authority to compel out-of- state vendors to collect sales and use taxes.
Child Welfare Waiver Demonstrations
This report provides background information on the child welfare waivers and a description of the progress states have made on these demonstration projects. Waiver projects must be cost neutral to the federal government; may be conducted for no longer than 5 years (though HHS may grant an extension of up to 5 years); and must include an evaluation comparing the existing state program to the waiver project.
Federal-Aid Highway Program: “Donor-Donee” State Issues
This report provides information about "Donor-Donee" State Issues on Federal-Aid Highway Program which raised such heated debate as the arguments over how closely the program's payment to the individual states.
Child Welfare: State Performance on Child and Family Services Reviews
This report begins with a short history of the legislation and other factors that led to the creation of the current CFSR and then briefly describes how a CFSR is conducted and what “substantial conformity” with federal child welfare policy means in the context of this review. Much has been made of the fact that no state was found to be in substantial conformity with all aspects of federal policy reviewed during the initial (FY2001-FY2004) round of the CFSRs. This report seeks to better understand that fact by looking closely at state performance on each of the performance indicators that determined compliance.
Federal-Aid Highway Program: "Donor-Donee" State Issues
This report provides information about "Donor-Donee" State Issues on Federal-Aid Highway Program which raised such heated debate as the arguments over how closely the program's payment to the individual states.
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 107th and 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.
Restructuring Electricity Markets, Public Power, and Tax-Exempt Bonds: An Economic Analysis
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.
State Corporate Income Taxes: A Description and Analysis
No Description Available.
What Do Local Elections Officials Think About Election Reform?: Results of a Survey
There are more than 9,000 local election jurisdictions in the United States. Local election officials (LEOs) are responsible for administering elections in those jurisdictions. LEOs are therefore critical to the successful implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252) and state election laws, but there has been little objective information on the perceptions and attitudes of those officials about election reform. This report, which will not be updated, discusses the results of a recent scientific survey of LEOs. The findings may be useful to Congress in considering funding and possible reauthorization of HAVA.
National Tests: Administration Initiative
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).
ERISA's Impact on Medical Malpractice and Negligence Claims Against Managed Care Plans
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.
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.
Drinking Water State Revolving Fund: Program Overview and Issues
In the Safe Drinking Water Act (SDWA) Amendments of 1996 (P.L. 104-182), Congress authorized a drinking water state revolving loan fund (DWSRF) program to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to protect public health. Under the program, states receive capitalization grants to make loans to water systems for drinking water projects and certain other SDWA activities. Since the program was first funded in FY1997, Congress has provided $7.8 billion, including roughly $844 million for FY2005. The President has requested $850 million for FY2006. Through June 2004, the DWSRF program had provided $7.9 billion in assistance and had supported 6,500 projects.
Foreign Ownership of Property in the United States: Federal and State Restrictions
This report examines various legal issues raised by Federal and State laws restricting foreign ownership in U. S. property. The report examines the constitutional barriers to Federal and State laws restricting such ownership, and the possible constitutional predicates for Federal legislation regulating foreign ownership of property in the united States. The impact of treaties to which the United States is a party on both Federal and State restrictions on the rights of foreign persons to own U.S. property is also discussed.
Implications of the Medicare Prescription Drug Benefit for State Budgets
No Description Available.
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.
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.
South Carolina Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of South Carolina.
South Dakota Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of South Dakota.
Rhode Island Emergency Management and Homeland Security Statutory Authorities Summarized
This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each profile identifies the more significant elements of state statutes, generally as codified. This report focuses on the state of Rhode Island.
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