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Presidential Authority to Decline to Execute Unconstitutional Statutes: Memorandum for the Honorable Abner J. Mikva, Counsel to the President [November 2, 1994]
"First, there is significant judicial approval of this proposition. Most notable is the Court's decision in Myers v. United States, 272 U.S. 52 (1926). There the Court sustained the President's view that the statute at issue was unconstitutional without any member of the Court suggesting that the President had acted improperly in refusing to abide by the statute. More recently, in Freytag v. Commissioner, 501 U.S. 868 (1991), all four of the Justices who addressed the issue agreed that the President has 'the power to veto encroaching laws . . . or even to disregard them when they are unconstitutional.' Id. at 906 (Scalia, J., concurring); […] Second, consistent and substantial executive practice also confirms this general proposition. Opinions dating to at least 1860 assert the President's authority to decline to effectuate enactments that the President views as unconstitutional. See, e.g., Memorial of Captain Meigs, 9 Op. Att'y Gen. 462, 469-70 (1860) (asserting that the President need not enforce a statute purporting to appoint an officer); see also annotations of attached Attorney General and Office of Legal Counsel opinions. Moreover, as we discuss more fully below, numerous Presidents have provided advance notice of their intention not to enforce specific statutory requirements that they have viewed as unconstitutional, and the Supreme Court has implicitly endorsed this practice. See INS [Immigration and Naturalization Service] v. Chadha, 462 U.S. 919, 942 n.13 (1983) (noting that Presidents often sign legislation containing constitutionally objectionable provisions and indicate that they will not comply with those provisions)."
United States. Department of Justice. Office of Legal Counsel
1994-11-02
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Joint Force Quarterly: Autumn/Winter 1994-95, Issue 6 [November 1994]
"NDU Press produces Joint Force Quarterly in concert with ongoing education and research at National Defense University in support of the Secretary of Defense and the Chairman of the Joint Chiefs of Staff. JFQ is the Chairman's joint military and security studies journal designed to inform and educate national security professionals on joint and integrated operations; whole of government contributions to national security policy and strategy; homeland security; and developments in training and joint military education to better equip America's military and security apparatus to meet tomorrow's challenges while protecting freedom today."
National Defense University. Institute for National Strategic Studies
Canby, Steven L.
1994-11
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Ready Reserve Force: Ship Readiness Has Improved, but Other Concerns Remain, Report to the Chairman, Subcommittee on Readiness, Committee on Armed Services, House of Representatives
"Ships move about 90 percent of all dry cargo needed to deploy, sustain, and resupply U.S. forces. The Ready Reserve Force (RRF)--a government-owned, inactive fleet of former commercial ships of various configurations and capabilities--is the government's largest source of strategic sealift capability. During the Persian Gulf War, 75 percent of the RRF ships could not be made ready within their specified time frames principally because of the ships' poor condition and problems crewing the ships. In 1992, the Department of Defense (DOD) recommended spending almost $4 billion over the next 7 years to purchase more ships for the RRF and improve their readiness. However, the pool of U.S. merchant mariners available to crew RRF ships has been steadily declining for several decades. The Chairman, Subcommittee on Readiness, House Committee on Armed Services, asked GAO [General Accounting Office] to evaluate whether RRF ships would be ready within specified time frames in the event of a large-scale contingency. Specifically, GAO determined whether (1) program changes implemented to address problems encountered during the Persian Gulf War have improved the ships' overall readiness, (2) the readiness level of the highest priority ships exceeds that of other strategic mobility components, and (3) a further decline in the number of available U.S. merchant mariners would have a long-term effect on crewing RRF ships."
United States. General Accounting Office
1994-11
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Food and Water in an Emergency (Spanish)
Agua y alimentos en una emergencia (Food and Water in an Emergency), is a Spanish language document designed to inform the public about how to prepare their food and water resources before and after a disaster, including: tornadoes, flash floods, earthquakes, winter storms, hurricanes, fires, and hazardous material spills.
United States. Federal Emergency Management Agency
1994-11-01?
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Health Hazard Evaluation Report 93-0926-2472; Dauphin County Prison Harrisburg, Pennsylvania
"On February 23-24, 1994, the National Institute for Occupational Safety and Health (NIOSH) conducted a health hazard evaluation (HHE) at the Dauphin County Prison in Harrisburg, Pennsylvania, to evaluate possible health problems related to working in a specific area of the prison. The health problems listed in the request included rash, elevated blood pressure, increased heart rate, headache, and throat irritation. The medical portion of the HHE consisted of reviewing medical records for 17 employees, interviewing 30 employees, and examining the skin of three workers. The industrial hygiene evaluation consisted of: a visual inspection of accessible parts of the heating, ventilation, and air conditioning (HVAC) system, the collection of bulk samples from the HVAC interior acoustical lining for microbial content analysis, and the measurement of carbon dioxide (CO 2 ) concentration, temperature (T), and relative humidity (RH)."
Centers for Disease Control and Prevention (U.S.); National Institute for Occupational Safety and Health
Lushniak, Boris D.; Mattorano, Dino
1994-11
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Providence Fire Department Staffing Study: Executive Development
"The Providence Fire Department Staffing Study in 1990-1991 determined that the costs of adding a fourth person to three-person companies was offset by lower injury costs. The problem which prompted this research project was that while an actuary analyzed the study data from an economic standpoint, the data were never analyzed from the perspective of firefighter safety. As a result, the full implications of the study, in terms of firefighter safety, were not known. The purpose of this research was to examine the study data and determine what effect increased staffing had on firefighter safety. The historical research method was used."
National Fire Academy
Varone, J. Curtis
1994-11
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Emergency Planning Guidelines for American Businesses Abroad
Topics covered include: crisis management; communications; evacuation planning; criminal acts, civil unrest and coups; natural disasters; epidemic and emergency care; planning for industrial accidents; citizens emergency services; and guidelines for emergency management services. The guidelines in this document are suggested to assist American organizations in the private sector and their personnel abroad in planning to meet their individual needs and circumstances. Individuals should ensure, however, that any approach chosen is best suited to their individual situation. Disasters can strike randomly and unpredictably. Preparing for emergencies is the focus of this booklet. It is essential to prepare for both those emergencies over which we have limited control and those over which we have no control. Application of preventive measures is also important to survival from catastrophic events. Contingency planning for emergencies should include the periods before, during, and after the incident. Each American business abroad must assume responsibility for the safety of their employees and assets through emergency planning. Emergency planning cannot be solely delegated to others, such as fire departments, medical personnel, or the government. However, cooperation and coordination with government emergency personnel is, of course useful, even though the degree of assistance will vary, depending on available resources etc. We must recognize that widespread chaos prevails following a major catastrophe, and we should not expect high-quality emergency service from usual providers. Emergency crews of all types are overwhelmed following a disaster. Utility services, such as telephones, electric power, and water and sewer facilities, will most often be disrupted. Finally, it is imperative that we adopt an attitude of continuous vigilance, especially in those situations where warning signs of imminent trouble are apparent. Examples of such events are political or military coups, and violent storms or floods that might indicate the need to evacuate. Hurricanes, tornadoes, and violent electrical storms are usually preceded by warnings. Hurried, last minute emergency planning is usually inadequate. Above all, avoid the attitude that "it will not happen to me."
United States. Department of State. Bureau of Diplomatic Security
1994-11
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Security Guidelines for American Enterprises Abroad
This booklet provides assistance in preparing us to face those emergencies we may encounter while living or traveling overseas. The guidelines which follow are suggested to assist American companies and their personnel abroad in planning to meet their individual needs and circumstances. Topics include: Preparing to travel; in transit; terrorism; overseas crisis planning; helping children adjust; security for children; evacuation; residential fire safety; and community participation in security. Although this booklet contains many tips for successful travel and residence abroad, it is by no means all inclusive. Additional information is available from a variety of sources, ranging from travel brochures, magazines, and books, to conversations with persons who have lived or traveled to your assigned country. You can never know too much about what you're getting into. Prior organization and preparation will significantly reduce your anxieties, lessen the shock of adjustment, and enable you to settle in with relative ease to a safe and enjoyable experience abroad.
United States. Department of State. Bureau of Diplomatic Security
1994-11
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Security Guidelines for American Families Living Abroad
This publication is intended as a guideline for private sector personnel who travel and reside abroad. This booklet is a compilation of diverse security measures for consideration by American private sector employees and their families living and working outside the United States. Obviously, the implementation of security precautions described herein should be consistent with the level of risk currently existing in the foreign country of residence. Diverse political climates, local laws and customs, and a wide range of other variables make it impossible to apply standard security precautions worldwide. Levels of risk can change very rapidly, sometimes overnight, triggered by internal or external incidents or circumstances. It is advisable, therefore, to monitor continually the political climate and other factors which may impact the level of risk. Remember that establishing a family residence abroad requires much more security planning than a short-term visit to a foreign country for business or pleasure. It is essential that security precautions be kept under constant review so that they may be adapted to respond effectively to any changes in the level of risk. An inflexible security posture would be indicative of a disregard for the climate of risk and will almost certainly result in a lack of preparedness. Topics covered in this publication include: preliminary residential security planning; assessing the level of risk at overseas location; location of the residence; selection of residence; passport registration and other items to do after moving in; perimeter security; intrusion alarms and security lighting; extended absences from the residence; domestic hires--screening and responsibilities caution; family and company cars selection; auto travel; telephones; mail; banking and charge accounts; trash removal; quality of law enforcement protection; firearms in foreign countries; children's school; coups d'etat and emergency evacuations; social activities; spouse and dependent activity; watchdogs; recreation and exercise; illegal drugs and prescription medications; and lastly, bomb threats, bombings, extortion and kidnapping.
United States. Department of State. Bureau of Diplomatic Security
1994-11
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Security Awareness Overseas: An Overview
We gain a great sense of security and self confidence knowing we are prepared for potential crises. This booklet provides assistance in preparing us to face those emergencies we may encounter while living or traveling overseas. Many potential overseas crises may be eased or averted by taking the time to read and study the information that follows. Cultural misunderstandings and inadequate local support services often make crises abroad more intense than similar situations in the United States. Overseas, we must assume greater responsibility for our own safety. A rapidly changing political world has not lessened the attention one should pay to personal security when overseas. Natural disasters will continue, as will acts of terrorism. Indeed, one might expect increased incidents of civil unrest, some directed against Americans, as political situations remain unresolved. The guidelines which follow are suggested to assist American companies and their personnel abroad in planning to meet their individual needs and circumstances. Topics include: Preparing to travel; in transit; terrorism; overseas crisis planning; helping children adjust; security for children; evacuation; residential fire safety; and community participation in security. Although this booklet contains many tips for successful travel and residence abroad, it is by no means all inclusive. Additional information is available from a variety of sources, ranging from travel brochures, magazines, and books, to conversations with persons who have lived or traveled to your assigned country. You can never know too much about what you're getting into. Prior organization and preparation will significantly reduce your anxieties, lessen the shock of adjustment, and enable you to settle in with relative ease to a safe and enjoyable experience abroad.
United States. Department of State. Bureau of Diplomatic Security
1994-11
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Americans With Disabilities Act: Emergency Response Systems and Telecommunications Devices for the Deaf
"This Research in Action, one of a series designed to explain how the ADA will affect the criminal justice system, focuses on first steps public safety agencies should take to accommodate the 911 telephone emergency response system to handle telecommunication devices for the deaf (TDDs). ADA requires that 'telephone emergency services, including 911 services, provide direct access to people who use TDDs.' Based on a case study of the Denver emergency response system, key requirements for accommodating TDD's include: Having a TDD at every telecommunicator position where possible; establishing standard operating procedures for responding and transferring TDD calls; and testing equipment and telecommunicators regularly."
National Institute of Justice (U.S.)
Rubin, Paula N.; Dunne, Toni
1994-11
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Russia's New Security Services: An Assessment
"This study examines the evolution of the Russian security services since the KGB was disbanded in 1991 and assessed the extent of the influence of these new services on domestic and foreign policy. The conclusions are based on a detailed study of the Russia media, as well as on interviews an Western analyses."
Library of Congress. Federal Research Division
Knight, Amy W., 1946-
1994-10-31
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DOE Standard: Guidance for Preparation of Basis for Interim Operation (BIO) Documents
This Standard provides a Department of Energy (DOE) approved methodology for preparing a Basis for Interim Operation (BIO) document. The BIO is an acceptable form of Documented Safety Analysis (DSA) in accordance with
Table 2 of Appendix A, General Statement of Safety Policy, to Title 10 of the Code of Federal Regulations (CFR) Part 830, Nuclear Safety Management, Subpart B, Safety Basis Requirements (hereafter, in this Standard referred to as the "Rule"). It supplements the information in DOE Guide (G) 421.1-2, Implementation Guide for Use in Developing Documented Safety Analyses to Meet Subpart B of 10 CFR 830.
United States. Department of Energy
1994-11
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Guidelines for Protecting U.S. Business Information Overseas
This publication is intended as a guideline for American personnel in the private sector who travel or reside abroad. It has been prepared in response to the recognition that the threat of information theft, along with terrorism and crime, is of significant concern for Americans Overseas. The publication outlines some steps that may be taken to protect information and to raise the general level of awareness to the threat by Americans living, working or traveling abroad.
United States. Department of State. Overseas Security Advisory Council
1994-11
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FM 100-23-1 HA: Multiservice Procedures for Humanitarian Assistance Operations
This tactics, techniques, and procedures manual describes US military JTF involvement in
HA operations. Military and civilian after-action reports identify the need for expanded
joint and interagency procedures to enhance military and civilian interoperability. For a
mission to conclude effectively, HA teams must understand the mission and the partners
involved in the effort; that is the theme of this manual. This TTP describes the interaction
among military and civilian agencies in terms of three main levels of effort: strategic,
operational, and tactical.
United States. Department of the Army
1994-10-31
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Energy and Technology Review (November 1994)
This journal feature articles on the Lawrence Livermore National Laboratory's 1994 R&D 100 Awards, the X-Ray Laser Program, Elevated CO2 Exposure and Tree Growth, and Meniscus Coating.
Lawrence Livermore National Laboratory
Bookless, William A.
1994-11
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Personal Security Guidelines for the American Business Traveler Overseas
"This publication is intended for American private sector organizations and their personnel abroad… Effective security precautions require a continuous and conscious awareness of your environment. This is especially true when visiting a foreign country where it will be necessary to adapt to new cultures, customs, and laws which, in many instances, are very different from those to which Americans are accustomed in the United States. The implementation of security guidelines contained in this publication should reduce the vulnerability of American private sector personnel traveling abroad to criminal or terrorist acts. Individuals should ensure, however, that any approach chosen is best suited for their individual situation."
United States. Department of State. Overseas Security Advisory Council
1994-11
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Public Law 103-414: Communications Assistance for Law Enforcement Act
This document is Public Law 103-414, "an act to amend title 18, United States Code, to make clear a telecommunications carrier's duty to cooperate in the interception of communications for law enforcement purposes, and for other purposes."
United States. Government Printing Office
1994-10-25
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Redemonstration of Selected PBA, FSX 94 Objectives
"During the Pine Bluff Community Full Scale Exercise of May 18, 1994, all objectives were not satisfactorily demonstrated by all entities. This synopsis describes a subsequent federally managed drill that took place on September 1994 to demonstrate these selected objectives."
United States. Federal Emergency Management Agency
1994-10-25?
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Department of the Air Force Office of Special Investigations Report of Investigation: Murder of Five; and Attempted Murder of 22 Plus
"This joint investigation between the Air Force Office of Special Investigation and the Spokane County Sheriff's Office (SCSO), Spokane, WA was initiated based on SUBJECT's shooting rampage at the Fairchild AFB [Air Force Base] (FAFB) Hospital on 20 Jun 94, during which he wounded 22 and killed five men, women, and children. Primary investigative responsibility was assumed by the SCSO. However, and AFOSI [Air Force Office of Special Investigations] investigation was initiated in order to provide the facts and circumstances developed by both agencies to the appropriate Air Force Commanders."
United States. Air Force. Office of Special Investigations
1994-10-20
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Law Enforcement and Security
This chapter describes essential law enforcement functions needed on the installation. It also provides information on the responsibilities of the commander to ensure law and order on the installation and the security of Army resources. This chapter also explains the role and relationship of the installations US Army Criminal Investigation Command (USACIDC) element.
United States. Department of the Army
1994-10-11
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Twenty-Second Decennial Census: Memorandum for the Solicitor General [October 7, 1994]
"You have asked, on behalf of the Department of Commerce, for our advice on the questions whether the use of statistically adjusted census figures would be consistent with the Constitution, U.S. Const. art. I, § 2, cl. 3, and with the Census Act, 13 U.S.C. §§ 1-307. The questions arise because the traditional method of taking the census fails to count a significant portion of the population, and in particular disproportionately undercounts identifiable racial and ethnic minorities. In light of these problems, the Department of Commerce is considering the use of statistical adjustments in the twenty-second decennial census (for the year 2000) before the final count is completed in order to improve the accuracy of that census. The Department of Commerce is also considering the use of sampling to conduct the follow-up on households that did not respond to its initial mailing of questionnaires. Accordingly, it desires to know whether such procedures would be lawful. We conclude that both of the proposed changes in conducting the census would be lawful."
United States. Department of Justice. Office of Legal Counsel
1994-10-07
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Availability of Money Damages Under the Religious Freedom Restoration Act: Memorandum for John R. Schmidt, Associate Attorney General [October 7, 1994]
"In response to discussion at the Task Force meeting of September 26 and 27, 1994, we have considered whether the Religious Freedom Restoration Act ('RFRA') authorizes the recovery of money damages in suits against the United States or state governments. Specifically, the question addressed in the Task Force's Second Working Draft ('Working Draft') is whether § 3(c) of RFRA, which makes available 'appropriate relief' in judicial proceedings against federal and state government entities, waives or abrogates the sovereign immunity that would otherwise bar the award of money damages against the United States and state governments. On this point, we are in agreement with the conclusion of the Working Draft: RFRA's reference to 'appropriate relief' is not sufficiently unambiguous to abrogate or waive sovereign immunity for damages."
United States. Department of Justice. Office of Legal Counsel
1994-10-07
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Impact of the Media on National Security Policy Decision Making
What is the impact of the media upon national security policy decision making? Do network news personalities exert genuine power over the national command authority? Does the photograph of a mob dragging the body of a dead American soldier through the streets drive policy decisions? If the answers to these questions are "Yes," then the claim made by William Randolph Hearst is correct, and national policy is at the mercy of the media. In asking whether, or to what extent, these questions might be answered in the affirmative, the author of this study has raised as many additional questions. The impact of the Information Age is being felt right now, but what the long-term impact may be requires considerable further study. The mere fact that personal computers are proliferating and with them FAX and E-mail capability does not necessarily mean that we are moving into an age of increased public involvement in government nor that the groups actively interested in foreign affairs will change dramatically. But it might.
Army War College (U.S.). Strategic Studies Institute
Johnson, Douglas V.
1994-10-07
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DoD Directive 2205.2: Humanitarian and Civic Assistance (HCA) Provided in Conjunction with Military Operations
"This Directive establishes DoD policy and assigns responsibilities for the conduct of HCA activities governed by reference. DoD Directive 2205.2 Describes all aspects of the HCA program including duties and responsibilities for program reporting, reviewing and recommending improvements."
United States. Department of Defense
1994-10-06
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U.S. Ballistic Missile Defense Programs
The global proliferation of ballistic missile technology and weapons of mass destruction is one of the most immediate and dangerous threats to U.S. national security in the post Cold War era. As the use of Scuds during the Persian Gulf war demonstrated, we cannot rely on traditional notions of deterrence to prevent the use of ballistic missiles by hostile countries. The development and deployment of defenses to protect against ballistic missile threats - initially against theater ballistic missiles and later, if necessary, against long-range threats to the United States that could emerge after the turn of the decade - are important parts of a U.S. defense strategy that emphasizes response to a wide spectrum of potential challenges and regional conflicts. Ballistic Missile Defense (BMD) programs are also an integral and complementary part of the U.S. counter-proliferation strategy.
Ballistic Missile Defense Organization (U.S.)
1994-10-01
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Controller Studies for Dexterous Hand Manipulation
The UTAH/MIT dexterous hand is a robotic manipulator built to emulate the human tendon system. When using this robotic system, it was observed that when motion occurred at the lower joints, the upper joints moved through inertial coupling. The coupling was always from a proximal joint to a distal joint. It was desired to find a method to add a controller action such that additional joint inputs could be added to the upper joints and thus preclude the coupling effects induced as the joints rotate. A controller was designed and tested in a numerical simulation at Wright State University as part of a Masters of Science degree in Electrical Engineering. With the use of the controller, over 90% of the coupling effects could be reduced with the use of the algorithm developed.
Armstrong Laboratory (U.S.)
Repperger, Daniel W.
1994-10
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Gang Suppression and Intervention: Community Models, Research Summary
"A community with a chronic gang problem is characterized by a persistent, often acute pattern of gang violence and crime (including drug trafficking) beginning before the 1980's. A community with an emerging gang problem is associated with a pattern of gang crime that is less organized or virulent and more recent. The models focus on youth gang members ages 12 to 24. The models are concerned with policies and programs that address primarily gangmotivated crime in terms of juvenile and young adult commitment to gang violence, status, and turf and, secondarily, evolving gang-related problems of drug trafficking and more organized crime. The authors propose that the lack of social opportunities available to a population and the degree of social disorganization present in a community largely account for its youth gang problem. Other contributing factors include institutional racism and deficiencies in social policy. The authors believe that the nature of a particular population's exposure to these structural conditions at the community level determines the character and prevalence of its youth gang problem. Each model addresses the youth gang problem in terms of its community context and distinctive organizational missions. These become the basis for assessment of the youth gang problem, for selection of appropriate combinations of strategies and programs targeted to particular categories of youth gang members. In each model, the authors recommend an approach that mobilizes community interest and concern."
United States. Office of Juvenile Justice and Delinquency Prevention
Spergel, Irving A.; Chance, Ron; Ehrensaft, Kenneth
1994-10
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Gang Suppression and Intervention: Problem and Response, Research Summary
"Youth gangs and the problems associated with them were once thought to concern a relatively small number of major metropolitan areas whose gang troubles go back to the days of West Side Story. No longer. As the challenge posed by gangs extends to a greater number of cities and to communities of more modest proportions, the need for comprehensive community efforts to address emerging and chronic gang problems intensifies. Dr. Irving Spergel and his colleagues at the University of Chicago have conducted the first comprehensive national survey of organized agency and community group responses to gang problems in the United States. Their study is the only national assessment of efforts to combat gangs. [...] This Summary presents the results of the study team's assessment of youth gang problems and responses across the United States. It demonstrates the need for effective gang suppression and intervention programs. We believe this assessment will help local juvenile justice and law enforcement agencies achieve these goals."
United States. Office of Juvenile Justice and Delinquency Prevention
Spergel, Irving A.; Curry, G. David; Chance, Ron
1994-10
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Proceedings of the Symposium on Nuclear, Biological and Chemical Contamination Survivability (NBCCS): Developing Contamination-Survivable Defense
The 1994 Nuclear, Biological, and Chemical Contamination Survivability (NBCCS) Symposium was held on 15 June 1994 at the Edgewood Area Conference Center, Aberdeen Proving Ground, Maryland. Sponsored by the Chemical division of the American Defense Preparedness Association, it was co-hosted by the U.S. Army Research Laboratory (ARL) and the U.S. Army Chemical and Biological Defense Command (CBDCOM). The objective of the symposium was to provide exchange of information on how to successfully execute an NBCCS program within the context of the item/system development and fielding program. Key to this exchange was the participation of both U.S. Government and industry members of the research, development, and acquisition community. Also key was the participation of the Joint Department of Defense (DOD) services. Selection of presentations was designed to help others avoid 'reinventing the wheel' and to demonstrate that NBCCS can be achieved without 'killing' a program. The symposium demonstrated that significant progress has been made in the area of design and test for NBCCS of military systems. This process can be attributed to a strong government industry team effort that must continue if this aspect of survivability is to be achieved on the battlefield.
U.S. Army Research Laboratory
Braungart, Charles; D'Elicio, Loluis S.
1994-10
