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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.
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.
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.
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly; analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, including the Supreme Court's ruling in Arizona v. United States; and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. This report does not discuss legal issues raised by state and local measures intended to supplement federal immigration laws through the imposition of additional criminal or civil penalties.
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).
State and Local Economic Sanctions: Constitutional Issues
This report considers the Constitutionality of states and localities enacting their own sanctions on foreign countries, particularly Iran and Sudan.
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.
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.
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
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.
Community Development Block Grants: Neighborhood Stabilization Program; Assistance to Communities Affected by Foreclosures
Report regarding the Housing and Economic Recovery Act of 2008, P.L. 110-289, which allocates federal financial aid to all state and local governments with high amounts of foreclosed homes, subprime mortgage loans, and delinquent home mortgages. The report focuses on the assistance that aids in aquiring, rehabilitating, and reselling foreclosed and abandoned homes.
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.
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 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.
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
Puerto Rican Statehood: Effects on House Apportionment
This report looks at House of Representative distribution between states if Puerto Rico were to gain statehood.
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.
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.
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.
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 .
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.
FY2007 Appropriations for State and Local Homeland Security
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.
Federalism Issues in Surface Transportation Policy: A Historical Perspective
This report provides a historical perspective on contemporary federalism issues in surface transportation policy, from the beginning of the nation through the Moving Ahead for Progress in the 21st Century Act (MAP-21). It also discusses legislative activity during the 114th Congress to reauthorize highway and mass transit programs.
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.
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.
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.
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.
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.
Medicaid Disproportionate Share Payments
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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.
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.
Federalism: Selected Opinions of Judge Samuel Alito
This report discusses several opinions Judge Samuel Alito has written regarding federalism.
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.
State-by-State Comparison of Selected Electricity Restructuring Provisions
No Description Available.
Federal and State Isolation and Quarantine Authority
No Description Available.
Information Brokers: Federal and State Laws
No Description Available.
Mandatory Vaccinations: Precedent and Current Laws
No Description Available.
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.
Federal-Aid Highway Program: "Donor-Donee" State Issues
No Description Available.
Federal-Aid Highway Program: "Donor-Donee" State Issues
No Description Available.
Survey of State Statutes Affecting Voting by the Physically Handicapped
No Description Available.
Meeting Public Safety Spectrum Needs
No Description Available.
Meeting Public Safety Spectrum Needs
No Description Available.
Emergency Communications: Meeting Public Safety Spectrum Needs
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.
Emergency Communications: Meeting Public Safety Spectrum Needs
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.
Survey of Recent State Policies to Manage Growth and Protect Open Space
No Description Available.
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.
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.