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Response to Terrorism: Legal Aspects of the Use of Military Force
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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.
Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
The Constitution empowers the President to act as Commander in Chief of the armed forces and to see to the execution of federal law; it gives Congress the authority to make federal law including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits the use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance, and to provide technical support for law enforcement. There are constitutional impediments to the use of the military to nationalize an industry, to try civilians, and to compel state officials to perform federally-imposed duties.
Terrorism: World Trade Center and the Pentagon – Applicable Federal Criminal Law
The death and destruction associated with the hijacking of four commercial airliners constitute federal crimes that outlaw air piracy, murder, and kidnapping. Relevant statutes carry the death penalty and apply to any accomplices or coconspirators here or abroad.
Recess Appointments of Federal Judges
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Biological and Chemical Weapons: Criminal Sanctions and Federal Regulations
Various federal regulations and criminal sanctions apply to biological and chemical weapons. Some of the provisions are broadly drafted, covering biological and chemical weapons as well as other controlled material and technology. Some focus on biological and chemical weapons as such. Recent anti-terrorism legislation, Public Law 107-56, amended many of these provisions, broadening the scope criminal sanctions relating to the use of biological and chemical weapons and materials. This report outlines provisions criminalizing certain uses of biological and chemical weapons, and references other relevant domestic and international material.
Insurance Coverage of the World Trade Center: Interpretation of "War Risk" Exclusion Causes Under New York Contract Law
This report addresses the interpretation of war risk exclusion clauses under New York contract and insurance law. The purpose of excluding “war risks” from insurance policies is to prevent the insurer from being bankrupted by shouldering countrywide losses from war. The widespread characterization of the events of September 11th as an “act of war” raises the possibility that insurable risks to life and property in the World Trade Center may not receive coverage due to the enforcement of these clauses. This report suggests that any such enforcement might not be successful under New York law, as the insured enjoys favorable state rules of procedure and norms of contract construction.
Pakistan-U.S. Relations
This report includes information regarding Pakistan. Information including historical background, Pakistan and U.S. relations, and U.S. aid to Pakistan is detailed in this report.
The Child Care Workforce
This report is categorized into four categories: (I) Some Basic Facts About the Child Care Workforce, (II) Job Growth and Turnover Among Child Caregivers, (III) Child Caregiver Wager and Wage Growth and (IV) Initiatives to improve the Compensation of the Child Care Workforce.
"Terrorism" and Related Terms in Statute and Regulation: Selected Language
Congress is considering revised definitions of “terrorism” and related terms in the context of the proposed “Anti-Terrorism Act of 2001.” While the proposed definitions relate to criminal law and immigration law, hundreds of other federal statutes and regulations already define “terrorism” and related terms in a variety of other contexts. However, these statutes and regulations ultimately refer to an extremely small set of statutory definitions, current criminal law and immigration definitions being among them. This report provides the current text of these fundamental definitions. The report will be updated as action on new antiterrorism law proceeds.
Lobbying Congress: An Overview of Legal Provisions and Congressional Ethics Rules
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Clean Air Act Issues in the 107th Congress
In the early months of the 107th Congress, the most prominent air quality issue has been whether state and federal regulations designed to protect air quality have had a negative impact on energy production, and, if so, whether legislation should be enacted to temporarily or permanently relax such regulations. The early discussion focused primarily on California, but with the release of the Administration's energy policy recommendations in mid-May and subsequent congressional action, it has shifted to issues more national in scope.
China’s Western Development Campaign
This report discusses congress and its broad interests in human rights issues in china's far western region. It also points out implication for U.S. Policy and Political and Economic Issues.
Martial Law and National Emergency
Crises in public order, both real and potential, often evoke comments concerning a resort to martial law. While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of the military authority. An overview of the concept of, the exercise of, and authority underlying martial law is provided in this report, which will be updated as events warrant.
The Role of Risk Analysis and Risk Management in Environmental Protection
The recent change in the leadership in the Senate affects the prospects in the 107th Congress for comprehensive legislation that would mandate increased use of risk analysis by the U.S. Environmental Protection Agency (EPA). Although the key Senate proposal for such risk legislation in the 106th Congress had bipartisan sponsorship, it was opposed by many Democrats, including party leadership. No comprehensive risk legislation has been proposed in the 107th Congress, although "unbiased" risk analysis would be required by H.R. 324, a bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (i.e., Superfund).
Campaign Finance: Constitutional and Legal Issues of Soft Money
Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party soft money, corporate and labor union soft money, and soft money used for issue advocacy communications.
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