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Russia's 2022 War Against Ukraine: Global Economic Effects [May 12, 2022]
From the Document: "The Russian Federation's (Russia) renewed invasion of Ukraine in February 2022, and the increasing number of international sanctions that followed, have heightened congressional interest in understanding the implications of these developments for the U.S. and global economy. The war, which has already led to economic, security, and humanitarian crises in the region, is causing wide-ranging spillover effects globally and is likely to hamper national economic recoveries from the COVID-19 [coronavirus disease 2019] pandemic. The overall impact will ultimately depend on the duration and fallout of the war and sanctions, and on policy responses. The trade disruptions, inflationary pressures, and security concerns have started to weigh on consumer and investor sentiment, reduce real incomes, and depress global demand for imports. If prolonged, the war could lead to a more widespread regional--and potentially global--economic recession and increase the risk of social unrest in both advanced and emerging economies. Members of Congress may monitor the situation and help inform potential U.S. economic policy responses."
Library of Congress. Congressional Research Service
Schwarzenberg, Andres B.
2022-05-12
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Fact Sheet: U.S. Department of Homeland Security Announces 6.8 Percent Increase in Fiscal Year 2009 Budget Request
"President Bush's fiscal year 2009 budget request for the Department of Homeland Security (DHS) represents $50.5 billion in funding, which is an increase of 6.8 percent over the 2008 fiscal year level - excluding funds provided in emergency supplemental funding. The request targets five areas that are essential to preserving freedom and privacy, meeting future challenges, and fulfilling our mission of securing America."
United States. Department of Homeland Security
2008-02-04
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Remarks by Homeland Security Michael Chertoff and British Home Secretary Jacqui Smith at a Press Availability Following a Private Meeting on Bilateral Agenda [February 11, 2008]
From the remarks of Jacqui Smith: "We've been able, today, to share the work that we're doing. I've been able to talk to Secretary Chertoff about the focus that we're placing in the United Kingdom on how we counter the immediate threat from terrorism, and also how we actually work together in the longer term to deter people from turning to violent extremism and supporting terrorism in the first place. And that has been, I think, a very useful both exchange of ideas and a range of areas where we'll be able to work together in the future. Our citizens are stronger because of the work that we do together, and I very much welcome that relationship in the way we've been able to take it forward today."
United States. Department of Homeland Security
2008-02-11
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Preparing Secrets for a Post-Quantum World--National Security Memorandum 10 [May 9, 2022]
From the Document: "On May 4, 2022, President Biden signed National Security Memorandum 10 (NSM 10 [hyperlink]) on 'Promoting United States Leadership in Quantum Computing While Mitigating Risks to Vulnerable Cryptographic Systems.' Along with an accompanying Executive Order [hyperlink] (EO), the memorandum seeks to promote U.S. leadership in quantum information science [hyperlink] (QIS). NSM 10 also addresses potential threats that quantum computers may pose to encrypted data and systems. This Insight discusses the cybersecurity risks posed by quantum computing, details about the memorandum, and potential issues for Congress."
Library of Congress. Congressional Research Service
Jaikaran, Chris
2022-05-09
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Fact Sheet: H-2A Temporary Agricultural Worker Program
This fact sheet provides background information and statistics of the H-2A Temporary Agricultural Worker Program. "Employers in the United States have often faced a shortage of available domestic workers who are able, willing and qualified to fill seasonal agricultural jobs. The H-2A program was instituted to meet this need for seasonal and temporary labor, without adding permanent residents to the population. There are no annual limitations on the number of temporary foreign H-2A workers that may be admitted into the United States. However, under the current DOL labor certification process, employers must certify that U.S. workers are not available to perform this work before they may hire a nonimmigrant worker. They must also certify that the wages and working conditions meet regional standards. Since this is a temporary worker program, H-2A nonimmigrant workers coming to the United States to perform seasonal jobs must leave following a maximum period of stay. Some may apply to extend their stay or change/adjust status."
United States. Department of Homeland Security
2008-02-06
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Department of Homeland Security Bureau of Customs and Border Protection USCBP 2007-0061 RIN 1651-AA69 8 CFR Parts 212 and 235 Department of State 22 CFR Parts 41 and 53 Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry from within the Western Hemisphere
This is a Department of Homeland Security Bureau of Customs and Border Protection Final Rule on Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry from within the Western Hemisphere released on March 26, 2008. "This rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens entering the United States. This final rule details the documents U.S. citizens and nonimmigrant citizens of Canada, Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry."
United States. Department of Homeland Security
2008-03-26
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8 CFR Parts 212 and 235: Documents Required for Travelers Departing from or Arriving in the United States at Sea and Land Ports-of-Entry from within the Western Hemisphere, Final Rule
"This rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain non-immigrant aliens entering the United States. This final rule details the documents U.S. citizens' and non-immigrant citizens of Canada, Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry."
United States. Department of Homeland Security
2008-03
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U.S. Department of Homeland Security, Fiscal Year 2008 Emergency Management Performance Grants Guidance and Application Kit, February 2008
This Guidance and Application Kit provides detailed information on who is eligible for the grants as well as how to apply for them. Also included in this document are changes that have been made to the program for the current fiscal year.
United States. Department of Homeland Security
2008-02
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Intelligence/Investigations Function Guidance Document, Version 3
"The events of September 11, 2001, highlighted the importance of sharing information and intelligence, which has become integral to preventing or mitigating future tragedies. The goal of sharing information and intelligence is to develop a common operating picture for all emergency management/response personnel. The Intelligence/Investigations Function within the Incident Command System (ICS) provides a flexible and scalable framework that will allow for the integration of intelligence and investigations activities and information. This document will provide guidance on how to utilize and integrate this Function while adhering to the concepts and principles of the National Incident Management System (NIMS). It will present information intended for the ICS practitioner (including the Incident Commander/Unified Command) that will assist in the decision-making process regarding the placement of the Function within the command structure and will provide tools that may be used while implementing the Function. While there is no one-size-fits-all approach to establishing this Function, the information contained in this document should provide helpful points of reference. This Guidance and the accompanying Intelligence/Investigations Field Operations Guide (IIFOG) are applicable in all situations involving intelligence/investigations information ranging from every-day operations which utilize conventional unclassified information (e.g., criminal histories, medical records, educational records) up to terrorist incidents where the information is classified to the highest levels and requires the incorporation of National intelligence capabilities provided by the U.S. Intelligence Community assets."
United States. Department of Homeland Security
2008-02
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Federal Continuity Directive 2 (FCD 2): Federal Executive Branch Mission Essential Function and Primary Mission Essential Function Identification and Submission Process
"This Federal Continuity Directive (FCD) implements the requirements of FCD 1, Annex C. It provides guidance and direction to Federal executive branch departments and agencies for identification of their Mission Essential Functions (MEFs) and potential Primary Mission Essential Functions (PMEFs). It includes guidance and checklists to assist departments and agencies in assessing their essential functions through a risk management process and in identifying potential PMEFs that support the National Essential Functions (NEFs) - the most critical functions necessary to lead and sustain the nation during a catastrophic emergency. The FCD provides direction on the formalized process for submission of a department's or agency's potential PMEFs that are supportive of the NEFs. It also includes guidance on the processes for conducting a Business Process Analysis (BPA) and Business Impact Analysis (BIA) for each of the potential PMEFs that assist in identifying essential function relationships and interdependencies, time sensitivities, threat and vulnerability analyses, and mitigation strategies that impact and support the PMEFs."
United States. Department of Homeland Security
2008-02
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U.S. Department of Homeland Security, Fiscal Year 2008 Homeland Security Grant Program: Supplemental Resource: Geospatial Guidance
This supplemental resource describes the criteria grant recipients should use when developing their geospatial program. There are brief descriptions on coordination and strategic planning considerations, operational considerations, compliance and standards, as well as a list of current initiatives considered to be industry standard.
United States. Department of Homeland Security
2008-02
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U.S. Department of Homeland Security, Fiscal Year 2008 Homeland Security Grant Program: Supplemental Resource: Domestic Nuclear Detection Office Overview
This Supplemental Resource provides a general overview of the mission and vision of the Domestic Nuclear Detection Office, partnerships with federal, state, local and tribal governments, building capabilities, and the technical assistance programs it offers.
United States. Department of Homeland Security
2008-02
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U.S. Department of Homeland Security, Fiscal Year 2008 Homeland Security Grant Program: Examples of Allowable Planning Costs
This documents lists examples of planning costs that are allowed under the Fiscal Year 2008 Homeland Security Grant Program.
United States. Department of Homeland Security
2008-02
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Important Change in International Land and Sea Travel Document Procedures
This January 31, 2008 DHS news release "reminds the traveling public that U.S. and Canadian citizens ages 19 and older should no longer expect that they will be able to prove identity and citizenship by relying on an oral declaration alone. Instead, travelers will be asked to present documents from one of the options below when entering the United States at land or sea ports of entry. Travelers who do not present one of the documents listed below may be delayed as U.S. Customs and Border Protection officers attempt to verify their identify and citizenship."
United States. Department of Homeland Security
2008-01-30
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DHS Announces $12.14 Billion for Border Security & Immigration Enforcement Efforts [January 31, 2008]
This press release outlines fiscal year (FY) 2009 funding figures for border security and immigration enforcement. The funding represents a 19 percent increase over FY 2008 funding.
United States. Department of Homeland Security
2008-01-31
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Foreign Assistance: U.S. Programs Involving the Palestine Investment Fund, Report to Congressional Requesters
From the Highlights: "According to the State Department (State), the U.S. government is one of the largest donors to the Palestinian Authority. According to State, the U.S. government provided about $3 billion in total bilateral assistance for fiscal years 2008 through 2012. PIF [Palestine Investment Fund] was established by Palestinian Authority presidential decree in 2002 and became operational in 2003 as an investment company aimed at strengthening the Palestinian economy through strategic investments. GAO [Government Accountability Office] was asked to provide information on U.S. involvement with the Palestine Investment Fund. This report describes (1) the nature and scope of U.S. government involvement with PIF, and (2) OPIC's [Overseas Private Investment Corporation] and USAID's [United States Agency for International Development] processes for vetting PIF and other non-U.S entities and individuals participating in programs involving PIF and PIF-owned entities. GAO reviewed documents and interviewed officials from U.S. agencies, PIF, and implementing partners. […] This report does not contain any recommendations."
United States. Government Accountability Office
2013-07
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General Policy Statements: Legal Overview [April 14, 2016]
"Agencies use guidance documents to set regulatory policy on a consistent basis. While 'legislative rules' carry the force of law and are required to undergo the notice and comment procedures of the Administrative Procedure Act (APA), guidance documents are exempt from these constraints and can be issued more swiftly than legislative rules. […] This report examines one type of guidance document of particular recent prominence--agency policy statements. It explores judicial doctrine regarding the difference between legislative rules and statements of policy; discusses when such statements are judicially reviewable; analyzes when courts will grant deference to agency interpretations contained in guidance documents; and notes the relative costs and benefits of potential judicial and statutory rules regarding their use."
Library of Congress. Congressional Research Service
Cole, Jared P.; Garvey, Todd
2016-04-14
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Target Data Breach: Frequently Asked Questions [April 22, 2014]
"In November and December of 2013, cyber-criminals breached the data security of Target, one of the largest U.S. retail chains, stealing the personal and financial information of millions of customers. On December 19, 2013, Target confirmed that some 40 million credit and debit card account numbers had been stolen. On January 10, 2014, Target announced that personal information, including the names, addresses, phone numbers, and email addresses of up to 70 million customers, was also stolen during the data breach. A report by the Senate Committee on Commerce in March 2014 concluded that Target missed opportunities to prevent the data breach. [...] In the wake of Target's revelations, Congress has held seven hearings by six different committees related to these topics between February 3 and April 2, 2014. In addition to examining the events surrounding the Target breach, hearings have focused on preventing such data breaches, improving data security standards, better protecting consumers' personal data, and providing notice to consumers when their data have been compromised. [...]This report answers some frequently asked questions about the Target breach, including what is known to have happened in the breach, and what costs may result. [...] The report addresses policy issues discussed in congressional hearings and describes some of the legislation that the 113th Congress has introduced to deal with these issues."
Library of Congress. Congressional Research Service
Miller, Rena S.; Weiss, N. Eric
2014-04-22
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Introduction to Judicial Review of Federal Agency Action [December 7, 2016]
"The U.S. Constitution vests the judicial power in the Supreme Court and any inferior courts established by Congress, limiting the power of federal courts to the context of a of a 'case' or 'controversy.' Pursuant to this authority, Congress has established federal courts below the Supreme Court of the United States to hear a variety of cases, both criminal and civil.9 Federal legislation authorizes courts to adjudicate challenges to actions taken by government officials and agencies in a variety of contexts. Federal courts are, however, courts of limited jurisdiction-they must adhere to limits placed on their authority by Congress and the Constitution. The circumstances under which a federal court will review the actions of a U.S. government agency or official thus involve complicated questions of statutory and constitutional law. This report offers a brief overview of some of the most important issues arising when individuals bring suit in federal court to challenge agency actions. The Administrative Procedure Act (APA) is perhaps the most prominent modern vehicle for challenging the actions of a federal agency. […] The report opens with a discussion of the circumstances in which federal courts are empowered to review agency actions and follows with a look at the scope of review authorized by the APA. It then continues by describing the mechanics of a federal court's review of an agency's statutory authority, as well as the standards employed in the review of an agency's discretionary decisions. The report concludes with a brief examination of judicial review of agency compliance with statutorily prescribed procedural requirements."
Library of Congress. Congressional Research Service
Cole, Jared P.
2016-12-07
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Introduction to Judicial Review of Federal Agency Action [December 5, 2016]
"The U.S. Constitution vests the judicial power in the Supreme Court and any inferior courts established by Congress, limiting the power of federal courts to the context of 'cases' or 'controversies.' Pursuant to constitutional and statutory requirements, courts may hear challenges to the actions of federal agencies in certain situations. This report offers a brief overview of important considerations when individuals bring a lawsuit in federal court to challenge agency actions, with a particular focus on the type of review authorized by the Administrative Procedure Act (APA), perhaps the most prominent modern vehicle for challenging the actions of a federal agency. Whether judicial review of agency action is available in federal court turns on a number of factors. Courts must possess statutory jurisdiction to adjudicate a lawsuit, and plaintiffs must generally rely on a cause of action that allows a court to grant legal relief. Disputes must also present 'cases' or 'controversies' that satisfy the requirements of Article III of the Constitution. Finally, a suit must be presented to a court at the proper time for judicial review."
Library of Congress. Congressional Research Service
Cole, Jared P.
2016-12-05
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Anti-Money Laundering: An Overview for Congress [March 1, 2017]
"Anti-money laundering (AML) refers to efforts to prevent criminal exploitation of financial systems to conceal the location, ownership, source, nature, or control of illicit proceeds. Despite the existence of longstanding domestic regulatory and enforcement mechanisms, as well as international commitments and guidance on best practices, policymakers remain challenged to identify and address policy gaps and new laundering methods that criminals exploit. According to United Nations estimates recognized by the U.S. Department of the Treasury, criminals in the United States generate some $300 billion in illicit proceeds that might involve money laundering. Rough International Monetary Fund estimates also indicate that the global volume of money laundering could amount to as much as 2.7% of the world's gross domestic product, or $1.6 trillion annually. Money laundering is broadly recognized to have potentially significant economic and political consequences at both national and international levels. Despite robust AML efforts in the United States, the ability to counter money laundering effectively remains challenged by a variety of factors. These include: the scale of global money laundering; the diversity of illicit methods to move and store ill-gotten proceeds through the international financial system; the introduction of new and emerging threats (e.g., cyber-related financial crimes); the ongoing use of old methods (e.g., bulk cash smuggling); gaps in legal, regulatory, and enforcement regimes, including uneven availability of international training and technical assistance for AML purposes; and
the costs associated with financial institution compliance with global AML guidance and national laws."
Library of Congress. Congressional Research Service
Miller, Rena S.; Rosen, Liana W.
2017-03-01
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Civil Service Reform Act: Due Process and Misconduct-Related Adverse Actions [March 29, 2017]
"Federal employees receive statutory protections that differ from those of the private sector, including more robust limits on when they can be removed or demoted. Although a number of laws apply to various aspects of the federal civil service system, the primary governing framework is the Civil Service Reform Act of 1978 (CSRA), as amended. The CSRA created a comprehensive system for reviewing actions taken by most federal agencies against their employees, and the act provides a variety of legal protections and remedies for federal employees. It also funnels review of agency decisions to the Merit Systems Protection Board (MSPB), subject to review by the United States Court of Appeals for the Federal Circuit (Federal Circuit). In addition to these statutory protections, the Due Process Clause of the Fifth Amendment requires the federal government to observe certain procedures when depriving individuals of life, liberty, or property. The CSRA's requirement that covered employees may not be removed from federal service, except for cause or unacceptable performance, creates a constitutional property interest in continued employment. The government cannot deprive covered employees of this property interest without adhering to due process requirements."
Library of Congress. Congressional Research Service
Cole, Jared P.
2017-03-29
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Commodity Futures Trading Commission: Proposed Reauthorization in the 114th Congress [August 3, 2016]
"The Commodity Futures Trading Commission (CFTC), created in 1974, regulates futures, most
options, and swaps markets. The CFTC administers the Commodity Exchange Act (CEA),
enacted in 1936 to monitor trading in certain derivatives markets. The CEA contains a sunset
provision, meaning Congress periodically reauthorizes appropriations to carry out the CEA. If an
explicit authorization of appropriations for a program or activity is present-as in the CEA-and
it expires, the underlying authority in the statute to administer such a program does not, however.
Thus, the CFTC continues functioning and administering the CEA even if its authorization has
expired-which has been the case since the last CFTC reauthorization expired on September 30,
2013. It has not been uncommon for Congress to pass CFTC reauthorization bills several years
after the prior authorization had expired."
Library of Congress. Congressional Research Service
Miller, Rena S.
2016-08-03
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Commodity Futures Trading Commission: Proposed Reauthorization in the 115th Congress [January 10, 2017]
"The Commodity Futures Trading Commission (CFTC), created in 1974, regulates futures, most options, and swaps markets. The CFTC administers the Commodity Exchange Act [CEA] enacted in 1936 to monitor trading in certain derivatives markets. The CFTC was last reauthorized in 2008 as part of the Food, Conservation, and Energy Act, which included authorization of appropriations through FY2013. Although the underlying authority in the statute to administer programs does not have an explicit expiration, the authorization of appropriations only applies through FY2013. As a consequence, the authorization of appropriations assumes Congress will periodically need to act to authorize future appropriations. It has not been uncommon, however, for Congress to continue to fund the CFTC for several years beyond the expiration of previous authorizations of appropriations. The current CFTC reauthorization process is the first since the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 brought the roughly $400 trillion U.S. swaps market under regulatory oversight. Historically, the reauthorization process has often been one of the principal vehicles for modifying the CFTC's regulatory authority and evaluating the efficacy of its regulatory programs. In the 115th Congress, a CFTC reauthorization bill that also would make changes to the CEA-- H.R. 238, the Commodity End-User Relief Act--was introduced on January 4, 2017, by Representative Michael Conaway. The House Rules Committee has scheduled a hearing on H.R. 238 for January 10, 2017. [...] This report examines [...] selected major provisions of H.R. 238."
Library of Congress. Congressional Research Service
Miller, Rena S.
2017-01-10
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When an Agency's Budget Request Does Not Match the President's Request: The FY2018 CFTC Request and 'Budget Bypass' [June 7, 2017]
"The Trump Administration released its first full budget request on May 23, 2017, for FY2018. Like other recent presidential budget requests, it includes an Appendix chapter for independent agencies such as the Commodity Futures Trading Commission (CFTC). Notably, the Trump Administration's budget request for CFTC does not equal the amount requested directly by the agency in its budget justification submitted to Congress. Specifically: [1] The Trump Administration's FY2018 request for CFTC is $250 million, [2] CFTC's Budget Justification submitted to Congress requests $281.5 million."
Library of Congress. Congressional Research Service
Monke, James; Miller, Rena S.
2017-06-07
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Political Question Doctrine: Justiciability and the Separation of Powers [December 23, 2014]
"Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual 'Cases' and 'Controversies.' The Supreme Court has articulated several 'justiciability' doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the political question doctrine, according to which federal courts will not adjudicate certain controversies because their resolution is more proper within the political branches. Because of the potential implications for the separation of powers when courts decline to adjudicate certain issues, application of the political question doctrine has sparked controversy. Because there is no precise test for when a court should find a political question, however, understanding exactly when the doctrine applies can be difficult. […] However, a recent Supreme Court case, 'Zivotofsky v. Clinton,' appears to have narrowed the scope of the political question doctrine. In a suit seeking the vindication of a statutory right in the foreign affairs context, the Court reversed a lower court's finding that the case posed a political question. The Court explained that the proper analysis in such a situation begins not by asking whether adjudicating the case would require review of the foreign policy decisions of the political branches, but instead examining whether the plaintiff correctly interpreted the statute, followed by determining whether the statute was constitutional. The Court's opinion appears to restrict the types of claims that can pose political questions, and seems to encourage courts to decide more statutory claims on the merits. In turn, the decision could lead to increased judicial resolution of controversies concerning the separation of powers, rather than resolutions between the political branches themselves."
Library of Congress. Congressional Research Service
Cole, Jared P.
2014-12-23
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Impeachment and Removal [October 29, 2015]
"The Constitution gives Congress the authority to impeach and remove the President, Vice President, and other federal 'civil officers'1 upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. Impeachment is one of the various checks and balances created by the Constitution, and is a crucial tool for potentially holding government officers accountable for violations of the law and abuse of power. Rooted in various constitutional provisions, impeachment is largely immune from judicial review.2 When considering impeachment matters, Members of Congress have historically examined the language of the Constitution; past precedents; the debates at the Constitutional Convention; the debates at the ratifying conventions; English common law and practice; state impeachment practices; analogous case law; and historical commentaries. Although the term 'impeachment' is commonly used to refer to the removal of a government official from office, the impeachment process, as described in the Constitution, entails two distinct proceedings carried out by the separate houses of Congress. First, a simple majority of the House impeaches--or formally approves allegations of wrongdoing amounting to an impeachable offense, known as articles of impeachment. The articles of impeachment are then forwarded to the Senate where the second proceeding takes place: an impeachment trial. If the Senate, by vote of a two-thirds majority, convicts the official of the alleged offenses, the result is removal from office of those still in office, and, at the Senate's discretion, disqualification from holding future office. […] This report briefly surveys the constitutional provisions governing the impeachment power, examines which individuals are subject to impeachment, and explores the potential grounds for impeachment. In addition, it provides a short overview of impeachment procedures in the House and Senate and concludes with a discussion of the limited nature of judicial review for impeachment procedures."
Library of Congress. Congressional Research Service
Cole, Jared P.; Garvey, Todd
2015-10-29
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Ebola: Selected Legal Issues [December 16, 2014]
"Several West African countries are currently grappling with an unprecedented outbreak of Ebola virus disease (EVD). Here in the United States, where Ebola is not endemic, a handful of EVD cases have been diagnosed, and domestic transmission of the virus has occurred in only two cases to date. This report provides a brief overview of selected legal issues regarding measures to prevent transmission of Ebola virus and the civil rights of individuals affected by the disease. Quarantine and isolation are restrictions on a person's movement, imposed to prevent the spread of contagious disease. The federal government has jurisdiction over interstate and border quarantine, carried out by the Centers for Disease Control and Prevention (CDC). However, primary quarantine authority typically resides with state health departments and health officials. Every state has the authority to pass and enforce quarantine laws as an exercise of its police powers, but these laws may vary widely by state. State and federal quarantine or isolation orders may be subject to suits alleging inadequate due process or violations of equal protection, but modern legal challenges to quarantine and isolation orders are not extensive. […] The use of these measures to contain the spread of Ebola may raise a classic civil rights issue: to what extent can an individual's liberty be curtailed to advance the common good? In addition to the constitutional issues noted above, discrimination against individuals with an infectious disease may be covered by Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), or the Air Carrier Access Act (ACAA). While quarantine and isolation effectively minimize Ebola exposure, they may also raise various employment concerns, particularly for those workers who fear losing their jobs or wages if they are forced to comply with a quarantine or isolation order. Infected workers may also be protected under the Family and Medical Leave Act (FMLA) if it can be established that they have a serious health condition, and employers whose employees could face workplace exposure to Ebola virus may be obligated to comply with applicable Occupational Safety and Health Administration (OSHA) requirements."
Library of Congress. Congressional Research Service
Cole, Jared P.; Perry, Rodney M.; Dolan, Alissa M. . . .
2014-12-16
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Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action [January 29, 2016]
From the Summary: "While the Administrative Procedure Act (APA) generally requires agencies to follow certain procedures when promulgating rules, the statute's 'good cause' exception permits agencies to forgo Section 553's notice and comment requirement if 'the agency for good cause finds' that compliance would be 'impracticable, unnecessary, or contrary to the public interest' and bypass its 30-day publication requirement if good cause exists. Federal courts reviewing this agency practice have varied in their analysis, resulting in confusion as to precisely what constitutes 'good cause.' In addition, some courts have indicated that these are two distinct standards; others do not always distinguish between the two. What precisely constitutes good cause is not explicit from the APA's text. In order to understand the operation of the good cause exception, it may be helpful to divide good cause cases into several categories: (1) emergencies; (2) contexts where prior notice would subvert the underlying statutory scheme; and (3) situations where Congress intends to waive Section 553's requirements."
Library of Congress. Congressional Research Service
Cole, Jared P.
2016-01-29
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Commodity Futures Trading Commission: Proposed Reauthorization in the 114th Congress [October 19, 2015]
"The Commodity Futures Trading Commission (CFTC), created in 1974, regulates futures, most
options, and swaps markets. The CFTC administers the Commodity Exchange Act (CEA),
enacted in 1936 to monitor trading in certain derivatives markets. The CEA contains a sunset
provision, meaning Congress periodically reauthorizes appropriations to carry out the CEA. If an
explicit authorization of appropriations for a program or activity is present-as in the CEA-and
it expires, the underlying authority in the statute to administer such a program does not, however.
Thus, the CFTC continues functioning and administering the CEA even if its authorization has
expired-which has been the case since the last CFTC reauthorization expired on September 30,
2013. It has not been uncommon for Congress to pass CFTC reauthorization bills several years
after the prior authorization had expired."
Library of Congress. Congressional Research Service
Miller, Rena S.
2015-10-19
