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Hospitals and Community Emergency Response - What You Need to Know
Protecting health care workers who respond to emergencies involving hazardous substances is critical. Health care workers dealing with emergencies may be exposed to chemical, biological, physical or radioactive hazards. Hospitals providing emergency response services must be prepared to carry out their missions without jeopardizing the safety and health of their own workers. Of special concern are the situations where contaminated patients arrive at the hospital for triage or definitive treatment following a major incident.
In many localities, the hospital has not been firmly integrated into the community disaster response system and may not be prepared to safely treat multiple casualties resulting from an incident involving hazardous substances. Increasing awareness of the need to protect health care workers and understanding the principal considerations in emergency response planning will help reduce the risk of health care worker exposure to hazardous substances.
United States. Occupational Safety and Health Administration
1997
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State and Local Law Enforcement Wireless Communications and Interoperability: A Quantitative Analysis
This 1997 NIJ-sponsored study, conducted by the National Law Enforcement and Corrections Technology Center, focuses on interoperability issues in the law enforcement community. It is based on a mail survey of the interoperability experiences and needs of law enforcement agencies across the Nation. Four basic questions drove the research: What are the current and planned telecommunications capabilities of State and local law enforcement agencies? What is the knowledge and training level of State and local law enforcement agencies related to telecommunication technologies, information sources, and interoperability policies or issues? What is the nature and extent of law enforcement agencies' past and current interoperability experience and requirements? What is the nature and extent of interoperability shortfalls experienced by law enforcement agencies? This study confirmed much of what has been generally believed about police use of wireless communications equipment and interoperability. It also revealed some surprises. Fragmented spectrum and funding were identified as serious interoperability obstacles, and problems with channel congestion and outdated equipment were quantified. The study revealed trends related to the shift from analog to digital systems, high VHF to 800 MHz, and increasing use of spectrum for data transmissions related to the use of MDTs and laptop computers. Surprises include the extent to which agencies already have channels dedicated for interoperability, their general level of confidence in handling routine local interoperability events, and the relatively modest requests for additional channels. Non routine events remain a challenge for most agencies. Willingness to adopt interoperability standards is linked to funding issues.
National Law Enforcement & Corrections Technology Center (U.S.)
Tolman, Thomas K.; Epper, Robert C.; Taylor, Mary J.
1997
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Mutually Assured Destruction Revisited: Strategic Doctrine in Question
Article discusses Mutually Assured Destruction, MAD, an evolutionary defense strategy based on the concept that neither the United States nor its enemies will ever start a nuclear war because the other side will retaliate massively and unacceptably. MAD has remained the central theme of American defense planning since the 1950s. Times have changed, however. Missile guidance improvements have eliminated the need for multiple targeting by redundant weapon systems. More importantly, our enemies have changed as have our fears about Communist domination. Author asserts that it is time to rethink US baseline defense strategy and the doctrine behind it. Major topics of article include Lessons from the Strategic Bombing of Japan, Lessons from Strategic Bombing in Vietnam, Lessons from Strategic Bombing in the Persian Gulf, and Lessons from the Cold War. Author ultimately concludes that if the world is to reverse the tide of history and survive the atomic age, we must soon recognize the incompatibility of weapons of mass destruction with the political nature of warfare. Only then will we begin to change the counterproductive strategies that threaten us all.
United States. Department of the Air Force
Parrington, Alan J.
1997
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Information as a Weapon: Reality versus Promises
Literature discussing information warfare, IW, can be divided into two broad categories, the first involving a concept that discusses IW in terms of the traditional use of "information warfare" to support decision making and combat operations; the second providing evidence to support or refute the question of whether information is a weapon. This article uses those writings that profess the use of information as a weapon rather than those that boast the effective use of information in warfare in supporting combat operations, since the latter is not relevant to the question of whether information is a weapon. Major topics of the article include The Information Weapon, Enemy Will and Capacity to Fight, The Information Weapon: Use with Caution, and Implications. The author concludes that the US civilian and military leaders should strive to understand why information warfare appears so attractive, in order that realistic and useful doctrinal guidance may be developed for its employment and incorporation into the overall war-fighting strategy. The consequences of not accomplishing this self-examination could result in the military promising too much, too fast.
United States. Department of the Air Force
Whitehead, Yulin G.
1997
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Naval Aviation: Forward Air Power from the Sea
For over two hundred and twenty years America's naval forces the Navy and Marine Corps have been forward-deployed, on call and ready to respond. In peacetime, crisis, and conflict we have answered our nation's call on countless occasions in every region of the world. Today, we find ourselves in an era of 'chaotic peace' where the challenges, though sometimes ambiguous, are as daunting as ever. The proliferation of weapons of mass destruction, along with the availability, of sophisticated weapons and commercial information technology on the open markets contribute to uncertain and often dangerous international situations. Our nation's need for unencumbered, forward-deployed, expeditionary forces to provide true flexibility for rapid response will he critical in the 21st century. The unique expeditionary nature of our Service will permit America to respond whenever and wherever America's citizens, friends, and interest are art risks. The expeditionary nature of naval forces means that we will continue to be the force of choice for crisis response.
United States. Department of the Navy
1997
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Preventing Ballistic Missile Proliferation: Lessons from Iraq
The proliferation of weapons of mass destruction and ballistic missiles is now one of the greatest threats to the United States and its allies. Efforts to contain WMD proliferation, particularly the Missile Technology Control Regime (MTCR), have had limited success and must be improved to deal with new arms proliferation challenges. This thesis examines the case of Iraq to assess the performance of the missile nonproliferation regime since 1970. By analyzing the methods used by Iraq to obtain missile systems and missile technology, this thesis assesses the ability of the international community to prevent ballistic missile proliferation. Understanding Iraq's past capabilities as well as its post-war efforts to rebuild weapons programs and procurement networks, this thesis provides suggestions for improving the regime's performance. This thesis finds that (1) prior to 1992 the MTCR failed in its attempts to prevent proliferation; (2) the existence of the MTCR, while necessary to slow proliferation, is not sufficient to prevent proliferation; and (3) additional enforcement is needed to counter WMD acquisition by resourceful and determined states.
Naval Postgraduate School (U.S.)
Talay, Brian J.
1996-12
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Congressional Presentation for Foreign Operations
America's national security depends on a strong national defense, effective intelligence capabilities, and proactive engagement in International Affairs. New global relationships, advances in technology and communications, new forms of regional instability, and an obligation to safeguard our nation from the dangers posed by weapons of mass destruction and preventable environmental degradation -- all form the basis of a new, more complex International Affairs policy agenda. Our success in pursuing this agenda will materially impact the lives of this and future generations of Americans. To succeed, America must lead. Although International Affairs programs and activities comprise barely one percent of all federal budget expenditures, they are the substance of US relationships with the rest of the world. Funds distributed over four cabinet departments, nine agencies, and several foundations and international organizations are the conduits of American influence. The Congressional Presentation for Foreign Operations provides the fiscal year 1998 budget request and justification for the Function 150 accounts of the federal budget within the jurisdiction of the U.S. Senate and U.S. House of Representatives Committees on Appropriations, Subcommittees on Foreign Operations. This Presentation includes an explanation of U.S. foreign policy objectives, strategies, resources, and performance indicators by function and region.
United States. Department of State
1997
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Personnel Planning in the Medical Service Corps: A Training Guide for Healthcare Executives
During the past decade the Medical Service Corps (MSC) has undergone a myriad of changes. The most challenging change has been the pressure to downsize while maintaining an appropriate force structure to enable it to support two nearly simultaneous major regional conflicts as mandated by the Defense Planning Guidance. While the MSC has cogently developed requirements-led measures to ensure that they can support its operational and peacetime requirements, the process of personnel planning has evolved to ensure that the proper number and mix of MSC officers are available. This thesis examines the current state of personnel planning in the Medical Service Corps. Of particular interest is to identify the various organizations involved in personnel planning and how Navy Medicine uses its personnel plans to meet its readiness and peacetime missions. The three personnel plans used by the Medical Service Corps: (1) End Strength, (2) Accession, and (3) Promotion, are used to ensure that the Medical Service Corps has on active duty the right number of officers, at the right grade at the right time.
Naval Postgraduate School (U.S.)
Houser, Kurt J.
1996-12
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Overseas Jurisdiction Advisory Committee, Section 1151, Public Law 104-106: Report to the Secretary of Defense, The Attorney General, The Congress of the U.S.
This is a report of the Jurisdiction Advisory Committee. The committee reviewed and made recommendations concerning criminal jurisdiction over civilians accompanying the armed forces outside the United States. This report reflects a year of work. Ably assisted by a working group of military lawyers, the committee thoroughly researched the relevant legal issues and gathered a large body of data to support their findings and recommendations. The product of their efforts is a report that guides the Congress to the best resolution of this difficult and longstanding issue.
United States. Department of Justice; United States. Department of Defense
1997
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Port Security: A National Planning Guide
Port Security: A National Planning Guide has been produced for the purpose of conveying the United States Department of Transportation's policy perspective on port security to the maritime community. This guide provides an overview of the essential aspects of port security and identifies many of the challenges facing ports. It is also intended to provide local governments and the commercial maritime industry with a common basis upon which to establish port security standards and the outcomes expected from meeting those standards. This guide is intended to be the first document in a series to be produced through the cooperative efforts of the maritime industry and the Federal government. The guide and subsequent technical manuals are intended to be usable by port directors or general managers, the directors of port security, and the officers of port security departments in fulfilling their responsibilities toward the development of an effective port security program. This can enhance the ability of port security managers to execute their risk management responsibilities and to measure the impact and effectiveness of the security measures implemented in the port. These manuals are expected to address such topics as: Developing and Implementing a Security Plan, Security Survey and Risk Assessment, Physical Security and Access Control, Information Security, Personnel Security, Maritime Terrorism, Drug Smuggling, Stowaways and Alien Smuggling, Roles/Responsibilities/Legal Authorities of Port Agencies, Sea Robbery, Cargo Security and Hazardous Materials, Intelligence. This guide and its subsequent technical manuals are intended to be dynamic, and therefore flexible enough to be revised so that they may remain current and useful.
United States. Department of Transportation
United States. Maritime Administration
1997
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USAF TACS Battle Management: Preparing for High Tempo Future Operations
The thesis of this paper is that "The shifting nature of warfare will bring with it demands on the USAF theater air control system (TACS) that the current USAF command, control, and execution framework and battle management training system are not preparing it for." The author writes that "The conceptual approach to warfare prior to Desert Storm was, for the most part, very sequential in nature" and that "Enhanced mobility of fighting systems and improved communications systems have dispersed and mobilized the battlefield beyond Clausewitz's wildest dreams. As a result, the US and other friendly nations will be forced to use maneuver, dispersion, speed, mobility, range, and deception to a far greater extent when facing unpredictable enemies who may potentially be armed with weapons of mass destruction. The shifting nature of warfare that we will face in the future, with its whirlwind tempo, fluidity, and reliance on responsive flexible command and control structures, begs the question--is our TACS ready for the future." The author recommends that "The Air Force must be able to command, control, and execute air operations faster, and more efficiently than the enemy can." He writes that "We must act now to design a training system which will prepare our battle managers for future warfare, otherwise we must prepare ourselves to accept the consequences" and concludes that "If we are to continue to espouse the old adage of "train how you plan to fight", then we as a service must be ready to put our money where our mouth is. Professional quality, realistic training is not a frivolous waste, it is a necessity for ensuring success in the future."
Marine Corps Command and Staff College (U.S.)
Miller, C.B.
1997
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Law of the Sea and Naval Operations
Section I is a general survey of the law of the sea. As will be seen, the world's waters are subdivided into various legal regimes, each with differing obligations and rights for those who traverse them. Given the multiple regimes, the judge advocate must be able to answer two very basic questions maritime operators inevitably pose: "May I drive my ship or fly my aircraft there" and, if so, "What are the limitations on my activities in the area?" Using the 1982 Law of the Sea Convention as a point of departure, Section I describes how to determine where the regimes lie and what they mean in practical terms for ship drivers, pilots and operational planners. Armed with the basics, in Section II the reader is introduced to the law of naval operations per se, with emphasis placed on periods of armed conflict. The survey begins with a discussion of the law of neutrality, including the rights of belligerents and neutrals, visit and search operations, and the possible effect of UN operations on neutrality law. It concludes with a brief summary of four traditional concerns during armed conflict at sea -- targeting, mine warfare, deception, and maritime zones.
Judge Advocate General School (United States. Air Force)
Schmitt, Michael N.; Astley, John
1997
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Complexity, Global Politics, and National Security
"The charge given by the President of the National Defense University and RAND leadership was threefold: (1) push the envelope; (2) emphasize the policy and strategic dimensions of national defense with the implications for Complexity Theory; and (3) get the best talent available in academe."
Command and Control Research Program (U.S.)
Czerwinski, Thomas J.; Alberts, David S. (David Stephen), 1942-
1997
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Binational Study: Migration Between Mexico and the United States
"Few issues hold greater implications for bilateral relations between Mexico and the United States than does migration. The main objective of this Binational Study covering the years 1995-1997 is to contribute to a better understanding and appreciation of the nature, dimensions, and consequences of migration from Mexico to the United States. It also provides an opportunity to identify options to respond to these movements. This Mexico/United States Binational Study on Migration was a joint effort undertaken by twenty scholars from both countries who worked together in teams on five subject areas focusing on distinct elements of the migration phenomenon: quantification of the scale of migration between Mexico and the United States; characteristics of the migrants; the factors that cause, sustain, or hinder migration; the impacts on the two countries; and the responses adopted individually or jointly by Mexico and the United States. These researchers wrote background research papers and individual team reports. The information and conclusions from these papers and team reports were collaboratively condensed and compiled into this joint summary report."
U.S. Commission on Immigration Reform
1997
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Tactical Employment of Non-lethal Technologies
This monograph explores the non-lethal technologies available to and currently being used by the individual soldier and Marine, and focuses on the impact these technologies have on the individual's ability to apply lethal force when the situation so dictates. This study asserts that while non-lethal technologies increase the force options available to the individual soldier or Marine, they challenge the individual's ability to engage an adversary when the application of lethal force, for either mission accomplishment or self- protection, is required. This monograph provides insight into the physical, legal, and psychological implications of arming the individual with non-lethal means, and employing him in an environment riddled with confusion and uncertainty. The aim of the analysis is determining whether the individual has the ability to transition to lethal force, thereby protecting himself and contributing to his unit's mission. This monograph concludes that while non-lethal weapons offer increased options for the application of military force in today's international security environment, their true effectiveness will be realized only if those bearing them are properly trained, prepared for the contingency, and guided by realistic rules of engagement.
U.S. Army Command and General Staff College
Popovich, Michael J.
1997
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Kurdish Nationalism: American Interests and Policy Options
The Kurds are currently the largest nation of people without their own country. They are divided among several states, predominantly Iran, Iraq and Turkey where they constitute large minorities. They have persistently been used as pawns by these countries and others, including the United States; only to be ignored once supporting them has no longer been beneficial. The Kurdish struggle for an independent homeland has repeatedly erupted into violence throughout history. To date there has been no permanent solution that has been acceptable to both the Kurds and the states they live in. This thesis will examine the history of the Kurdish struggle in order to understand how their experiences have shaped the current conditions, and to help develop an effective, long term American policy to control the situation. It will examine how the lessons of the past can be applied to policies today. The Kurdish struggle has periodically disrupted the stability and security of three of the largest nations in the Middle East. In this area, which is of vital interest to the United States, these movements threaten the fragile stability of the region. The recurring nature of these rebellions implies that it is only a matter of time before one directly threatens our interests in the area. For this reason, a thorough understanding of the Kurdish struggle is necessary.
Naval Postgraduate School (U.S.)
Hooks, Elizabeth R.
1996-12
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Establishment of a United Nations Standing Multinational Maritime Force- A Dream?
During the last decade, there has been a remarkable increase in attention paid to multinational military forces. The idea of UN standing multinational maritime forces has emerged as a potentially important contributor to international peace, order and stability. The assignment of national contingents to such a force on a standing basis seems desirable, but
so far there has been no international consensus on the establishment such as this force. This thesis proposes that a UN Standing Multinational Maritime Force can be an important contributor to international security. Establishing a UN Standing Multinational Maritime Force raises a central question: is it possible to establish a UN standing multinational maritime force? What are the problems and constraints of such force in the UN context? The point of this thesis is that there is a dilemma between realities and ideals, so that
the establishment of a UN Standing Multinational Maritime Force seems to be a dream foreseeable only in the distant future. This thesis highlights the political constraints and problems that complicate the creation of a standing multinational maritime force in terms of UN naval missions and supporting tasks. Consequently, this thesis attempts to demonstrate that to establish a standing multinational maritime force within the UN organization is impossible unless these constraints and problems are solved.
Naval Postgraduate School (U.S.)
Kiratli, Ardan
1996-12
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Special Operations Forces: The Way Ahead
"Threats to U.S. interests are developing new dimensions. America is increasingly challenged by regional instability, transnational dangers, asymmetric threats and the likelihood of unpredictable events. Statement presented by Gen. Peter J Schoomaker, commander, US Special Operations Command, to the members of the command."
United States. Department of Defense. Office of the Secretary of Defense
Schoomaker, Peter J.
1997
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Perimeter Security Sensor Technologies Handbook
"This Handbook has been developed to provide military and law enforcement security managers, and specialists with a reference of current perimeter security sensor technologies, capabilities, limitations, and integration methods. The Handbook provides a compendium of sensor technologies and an explanation of each technology's operating principles and applications, as well as integration techniques that can be used to enhance perimeter security and intrusion detection planning."
United States. Defense Advanced Research Projects Agency
1997
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Research and Development: Recommendations for Protecting and Assuring Critical National Infrastructures: Report of the President's Commission on Critical Infrastructure Protection
"This report summarizes research and development (R&D) recommendations for the President's Commission on Critical Infrastructure Protection (PCCIP). These recommendations address the eight critical infrastructures' identified in Executive Order 13010 as well as crosscutting, interdependency issues that affect more than one infrastructure. The goal of the R&D recommendations is to provide a roadmap for the development of technologies that will counter threats and reduce vulnerabilities in those areas having the potential for causing "significant" national security, economic, and/or social impacts. Specific technologies considered are those that protect infrastructure and thereby reduce vulnerability; detect intrusions and provide warning; mitigate the effects of disruptions (incidents); assist in the response management of incidents; and facilitate recovery. Basic research requiring long-term government investment is emphasized. This research must be accompanied by technology development within the private sector Technology, broadly defined, includes processes, systems, models and simulations, hardware, and software. It is essential to have strong involvement from infrastructure owners and operators to ensure the development and acquisition of useful and usable products."
United States. President's Commission on Critical Infrastructure Protection
1997
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Counter-Organization Targeting: A Theoretical Framework for Analysis
"The purpose of this thesis is to present and substantiate a theory of counter-organization targeting. This thesis achieves this objective by creating and testing a framework for analysis which blends the principals of organization theory with classic counterinsurgency theory. The goal of this framework is to provide an analytical tool for operational-level targeting of adversary organizations during war, conflict, and stability and support operations. This study analyzes the historical precedents of counter-organization targeting to demonstrate its viability as a necessary condition for success in counterinsurgency campaigns. Additionally, by applying the framework against an unresolved case, this study validates its applicability against a broader spectrum of the operational continuum. As a result, this thesis offers an innovative framework allowing for a logical and common sense approach to observing, assessing, targeting, and interdicting adversary organizations. Finally, this thesis holds both predictive qualities with respect to understanding an organization's future behavior, as well as prescriptive qualities, in the sense of systematically attacking and neutralizing the same organization. This thesis also expands the concepts offered in U.S. Army Field Manual 100-20, 'Stability and Support Operations,' and bridges the gap between the strategic, and the tactical levels of campaign planning and execution."
Naval Postgraduate School (U.S.)
Osborne, Joseph E.; Daoust, Daniel C.
1996-12
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Nuclear Materials
Major progress has been made in advancing from studies to actions in dealing with nuclear materials. At the same time, the continuously changing nuclear situation provides an impetus for review of nuclear materials stewardship and facilities. As we solve yesterday's problems, new ones emerge. Meeting this challenge requires a technically sound, integrated strategic approach to nuclear materials stewardship. Crosscutting and accessible technical information, analytic tools, and programmatic insights are needed for optimum coordination of nuclear materials stewardship activities. As great as the problems of nuclear materials management are for the United States, there are both larger and less well-bounded problems internationally. These include not only military nuclear material in the former Soviet Union, but also civilian nuclear material worldwide, and the proliferation risks associated with both. In the former Soviet Union the problems are exacerbated by significant political and economic disruptions. The U.S. practice has been, when confronted with a foreign proliferation or radiological emergency, to take action as needed on a case-by-case basis. In some cases, this has resulted in bringing nuclear material into the United States for disposition. This creates the need for an integrated U.S. approach to nuclear materials stewardship that acknowledges the impact on the United States of these international nuclear materials, and that plans both facilities and processes to accommodate them. An integrated national approach to nuclear materials stewardship could enhance the ability to (1) conduct nuclear operations more efficiently and (2) provide policy guidance in nuclear material-related matters to meet U.S. national security, energy, and environmental objectives that sometimes conflict. By providing strategic tools that look at the entire system impact, this approach will help make more cost-effective, transparent, and compelling decisions. The Department of Energy (DOE) could take the lead in bringing this new approach into practice.
Center for Global Security Research
Schafer, Kenneth Jon; Isaacs, Thomas H.; Ramspott, L. D.
1996-12
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Vaccines in Civilian Defense Against Bioterrorism
In the United States, over the past half century, we have lived under the protective umbrella of vaccination programs that shield our population from a dozen serious and sometimes fatal naturally transmitted illnesses. Vaccination has been the single most cost-effective public health intervention. However, the value of vaccines in protecting the population against the deliberate release of infectious organisms is not so clear-cut. The U.S. armed forces have recognized the military value of vaccines against biological threats and have a long-standing research and development program for a series of vaccines to protect service members from hostile use of a biological agent. Vaccination against anthrax is under way in all three armed services. The Department of Defense has a large program to develop and license additional vaccines for biological defense. For the military, vaccination is an effective means of countering a known threat because the population at risk is easily defined and a high level of vaccine coverage can be achieved.
Centers for Disease Control and Prevention (U.S.)
Russell, Philip K.
1997
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Model for Leading Change: Making Acquisition Reform Work
"This report identifies a path for the leadership of the Department of Defense Acquisition Systems to follow for implementing successful acquisition reform. It is intended to serve as a primer for changing organizations, and includes lessons learned from the perspective of implementing change."
Defense Systems Management College
Beck, Charles L.; Brokaw, Nina Lynn; Kelmar, Brian A.
1997
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Army Field Manual: Health Service Support in a Nuclear, Biological and Chemical Environment
The purpose of this manual is to provide doctrine and tactics, techniques, and procedures for
medical units and personnel operating in a nuclear, biological, and chemical (NBC) environment. This manual is intended for all echelons of health service support (HSS). It
discusses the operational aspects of the following HSS activities: Medical treatment, medical evacuation, health service logistics, combat stress control, and preventive medicine,
veterinary, dental, and medical laboratory services.
United States. Department of Defense
1996-11-26
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Access to Classified Information: Memorandum Opinion for the General Counsel, Central Intelligence Agency [November 26, 1996]
"This memorandum responds to your request for our opinion on various legal questions posed by a panel appointed by the Director of Central Intelligence to make a recommendation on whether an official at the Department of State, Richard Nuccio, should be granted access to Sensitive Compartmented Information ('SCI'). The panel has stated that '[it is] not asking that OLC take any position on the facts presented by Mr. Nuccio in his statement.' […] Accordingly, we limit our role to providing our opinion on only the specific legal questions presented, and make no attempt to apply our legal conclusions to the facts in this matter. Nor, of course, do we express any opinion on the ultimate question of whether Mr. Nuccio should retain his SCI security clearance. We have organized the legal questions posed by the panel into three categories: (1) the application of executive branch rules and practices on disclosure of classified information to Members of Congress, in light of relevant congressional enactments; (2) the applicability of the Whistleblower Protection Act, 5 U.S.C. § 2302; and (3) the applicability of Executive Order 12674, 3 C.F.R. 215 (1990)."
United States. Department of Justice. Office of Legal Counsel
1996-11-26
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Afghanistan: British Journalist Visits Site of Training Camps; HUA Activity Alleged, November 26, 1996
"An unnamed British journalist reports to the U.S. Embassy that her visit to two terrorist training camps in Paktia province, near the Afghan-Pakistan border on November 14, 1996 revealed that both camps appear occupied, and her 'Taliban sources' advise that 'one of the camps is occupied by Harakat-ul-Ansar (HUA) militants,' the Pakistan-based Kashmiri terrorist organization. Whether or not HUA's presence in training camps in Afghanistan is known or supported by Islamabad or Pakistani intelligence is not commented on in the document. The reporter's sources inform her that the other camp is occupied by 'assorted foreigners, including Chechens, Bosnian Muslims, as well as Sudanese and other Arabs.'"
United States. Department of State
1996-11-26
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Validity of Congressional-Executive Agreements that Substantially Modify the United States' Obligations Under an Existing Treaty: Memorandum for Alan J. Kreczko, Special Assistant to the President and Legal Adviser to the National Security Council [November 25, 1996]
"You have sought our views on the question whether Congress can authorize the President to enter into an international agreement that substantially modifies the obligations which the United States would otherwise have under a pre-existing treaty, or whether only the Senate can do so, pursuant to the treaty-making power, U.S. Const. art. II, § 2, cl. 2. We conclude that it lies within the power of Congress to authorize the President substantially to modify the United States' obligations under a prior treaty, including an arms control treaty. A 'treaty' in the constitutional sense has two aspects: it may state a judicially enforceable rule of domestic law; and it creates binding obligations between or among the parties in international law. […] It is well established that Congress has the power, by legislation, to modify the domestic legal effects, if any, of a treaty. […] Insofar as the treaty embodies international legal obligations, these may remain in force, even after an Act of Congress has superseded the treaty as a matter of domestic law; but the States that are parties to the treaty may consent to the modification of the obligations that the treaty imposes. […] If Congress authorizes the President to enter into an executive agreement with our treaty partners to modify those obligations, and those States consent to such modifications when the President proposes them, then the treaty obligations can be modified by executive agreement, without Senate advice and consent."
United States. Department of Justice. Office of Legal Counsel
1996-11-25
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Authority to Exempt Programs Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Memorandum Opinion for the Assistant Attorney General, Office of Policy Development [November 25, 1996]
"You have asked whether California's prenatal care program might fall within the Attorney General's authority to exempt programs that '(A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) are necessary for the protection of life or safety.' The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 411(b)(4), 110 Stat. 2105, 2268. It is our opinion that the Attorney General does not have the authority to exempt California's prenatal care program because eligibility for, and the cost of benefits provided by, that program are conditioned on the recipient's income."
United States. Department of Justice. Office of Legal Counsel
1996-11-25
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Rights of Aliens Found in U.S. Internal Waters: Memorandum for David A. Martin, General Counsel, Immigration and Naturalization Service [November 21, 1996]
"This responds to your request for our opinion on several additional questions related to the interdiction of undocumented aliens in vessels before they have come ashore in the United States. Your request was submitted before Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ('Reform Act'), Pub. L. 104-208, Division C, 110 Stat. 3009 (1996), which substantially amended the Immigration and Naturalization Act, ch. 477, 66 Stat. 163 (1952) (codified as amended at 8 U.S.C. §§ 1101-1503) ('INA'), and thereby altered the premises of your questions in significant respects. […] Your inquiry raises questions concerning undocumented aliens (i.e., those lacking a visa or other authorization for lawful entry into the United States) interdicted in the 'internal waters' of the United States, which you define by reference to certain treaty and statutory definitions. The internal waters thus defined could include, for example, such locations as the straits between the Florida Keys, portions of the Chesapeake Bay, or even the upper reaches of the Potomac River. For purposes of this analysis, we assume that the aliens in question are aboard a vessel in transit from another country to the United States but have not landed or disembarked on U.S. soil at the time of interdiction."
United States. Department of Justice. Office of Legal Counsel
1996-11-21
