...Order Code RL31285 CRS Report for Congress Received through the CRS Web FEMA’s Mission: Policy Directives for the Federal Emergency Management Agency Updated March 13, 2002 Keith Bea Specialist, American National Government Government and Finance Division Congressional Research Service ˜ The Library of Congress FEMA’s Mission: Policy Directives for the Federal Emergency Management Agency Summary The Federal Emergency Management Agency (FEMA) assists states and localities overwhelmed by, or at risk from, disasters. FEMA also coordinates federal emergency management activities and planning for the continuity of government should national security be threatened. Since 1979 FEMA has administered a range of authorities that enable the agency to serve as the primary source of federal technical and financial assistance for emergency management. Among the types of aid provided through FEMA programs are grants and material to help disaster victims meet pressing needs such as food and shelter, education and training programs to improve the response capabilities of nonfederal officials, and mobile communications equipment. FEMA exercises little regulatory authority, but directives that underlie the agency’s mission authorize the agency to establish standards for reconstruction of buildings after a disaster declaration is issued, for the construction of federal buildings in earthquake-prone areas, and for the operation of first responder equipment. FEMA has responded...
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...Sentencing Commission, did Congress grant excessive legislative discretion in violation of the nondelegation doctrine? Rule of Law: The “intelligible principle test” applies to congressional delegations. As long as the act by Congress includes an intelligible principle to which the delegee is directed to conform, the legislative action is not a forbidden delegation of legislative power. The Supreme Court of the United States has ruled it “constitutionally sufficient if Congress clearly delineates the general policy, the public agency which it to apply it, and the boundaries of this delegated authority.” According to "Bloomberg law" the intelligible principle test applies to congressional delegations. In Mistretta vs. United States, 488 u.s. 361 (1989), the issue was did the congress grant excessive legislative discretion in violation of the nondelegation doctrine. According to findlaw.com, "the constitutions structural protections do not prohibit congress from delegating to an expert body within the judicial branch. Based on the intelligible principle test articulatedin Mistretta vs. United States the Emergency Bubblegum Price Control Act constitutes a valid delegation of power. As long as congress includes an intelligible principle to which the delegee is directed to conform, the legislative action is not a forbidden delegation of legislative power. According to "Bloomberg law", the supreme court has noted it constitutionally sufficient if congress clearly delegates the general...
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...institution within the United States government tasked with monitoring and regulating the agriculture industry. Established in 1862 by President Abraham Lincoln, the USDA was the first agency in the United States that had true authority over the farmers of the nation. Through the centuries of its’ existence the department has vastly expanded to meet the demands of the constantly growing and evolving agriculture industry. When it was first founded it was primarily tasked with helping farmers establish homesteads as well as developing land grant universities within the country. Now the USDA is the governing body over the 2.2 million farms in the United...
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...States Final Paper The Older American Act of 1965 was signed into law on July 14, 1965. This act established the Administration on Aging within the Department of Health, Education, and Welfare and called for the creation of State Units on Aging. This act was considered one of the most important contributions on aging legislation enacted by congress. This report is a review of legislation regarding Older American Act. TABLE OF CONTENTS Introduction on the history of Legislation on the Elderly ……………………………………2 Background Early Acts Enacted to meet the needs of the Elderly……………………………2 Early Acts Enacted leading up to OAA of 1965 …………………………………………..3 Review of Older American Act…….. ………………………………………………………4 Older American Title Review…………..…………………………………………………….5 Amendments………………………………………………………………………………….9 Strength and Weakness of Older American Act……………………………………………..14 Recommendation…………………………………………………………………………….15 Conclusion … ………………………………………………………………………………16 References……………………………………………………………………………………17 Introduction The new deal program of the 1930’s was enacted by congress to address economic issues during the Great Depression. The Social Security Act of 1935 was a response to criticism for the lack of aid to retired workers age 65 and older and who no longer worked (justfacts.com). This law created "a system of Federal old-age benefits" (justfacts.com). The new act provided pensions, unemployment insurance to nonagricultural`...
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...Chapter 4 Civil liberties; the protections of citizens from improper governmental action. what government cannot do. Civil Rights; the legal or moral claims that citizens are entitled to make on the government. obligations. what government must do. The federal constitution provided such rights as representation in Congress (article 1 section 2) established who can serve in congress and become president and guaranted the privilege of habeas corpus for all people (article 1 section2). The Contstitution banned the importation of slaves after 1808, but permitted the practice of slavery to continue. Dred Scott v. Sandford, supreme court ruled that a former slave was not a citized under Missouri law, could not bring suit in cort, and was his master's personal property. slavery could not be excluded from the territories. helped provoke Civil War. Equal protection clause; aa quest for civil rights in turn inspired other groups to seek new laws and constitutional guarantees of their civil rights. aided by the simplicity of the clause, guarantees to any person. Amendment 1; limits on congress Amendments 2,3,4; Amendments 5,6,7,8; limits on judiciary. Amendments 9,10; limits on the national government. The bill of rights did not become a vital instrument for the extension of civil liberties for anyone until after a civil war and 14the amendment intervened. Strict scrutiny; the most stringent standard of judicial review of a government's actions in which the government must show...
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...Administration on Aging The Older Americans Act was established in 1965 by Congress, then the U.S. Administration on Aging (AoA) was established, this state agency transmits the social services need of older individuals. This Act is considered to be the best way to support the distributing of social services of the aging population. The role of this agency is to help older individuals to continue maximum independence the community, in the privacy of their own homes and continue to improve care for weak elderly individuals. Congress authorized selected programs to acknowledge the needs of our older population. This Act enables seven multiple service programs that are formula-based and discretionary grants. Each program is administrated on a federal level by the AoA, except for Title V which is the community service opportunities program for seniors, this program is administered by the U.S. (DoL) Department of Labor. The Federal funding level is $1.9 billion. 71% of funding supports Title III, the state and community grants for multiple programs. And the remaining funds support Title V program which are grants for Native American organizations, elder rights protection activities, and a variety of support activities Title I- Works toward improving the lives and income of older individuals. Title II- focuses on the long term health service and the helps to support older individuals independently in their communities and homes, to avoid being placed in a nursing facility Title...
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...given to the government by the framers in the seven Arti- cles of the Constitution, and finally apply these Articles to the government’s practice of sur- veillance today. The most essential points limiting the government’s power is the separation of power and the system of checks and balances. The federal government itself consists of three branches, the legislative, executive, and judicial branch; in other words, Congress, the President, and the Supreme Court. The power is divided between these three branches in order to keep any of them from becoming too powerful. Thus, the framers intended to prevent a corruption of power and tyranny over the states by imposing controls on each branch. The legislative branch, for in- stance, is kept in check by the President, who has the power to veto bills proposed by the for- mer, to call or adjourn a meeting of Congress, and to recommend bills. Additionally, the Supreme Court can strike laws down and judge them unconstitutional through the implied law of judicial review. Similarly, the executive branch is kept in check by Congress, which can overrule a presi- dential veto, remove the President through impeachment, can declare war, and is...
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...FIFTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) ) ) SENA'Y.2 S.No. _ _ __ Introduced by Senator Miriam Defensor Santiago P' " EXPLANATORY NOTE The Constitution, Article 2, Section 9 provides that: The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. According to 2006 Annual Poverty Statistics of the National Statistical Coordination Board, 27.9 Million Filipinos or one-third (l/3) ofthe entire population are poor. To address this problem the Department of Social Welfare and Development (DSWD) together implemented a Conditional Cash Transfer Program known as Pantawid Pamilyang Pilipino Program (4Ps) inspired by the successes of similar programs in Latin American countries such as Bolsa Familia in Brazil, Familias en Accion in Colombia and OPORTUNIDADES in Mexico. The Pantawid Pamilyang Pilipino Program (4Ps) is more than a welfare program; it addresses structural inequities in society and promotes human capital development of the poor, thus, breaking the intergenerational cycle of poverty. The conditions attached to the grants require parents to undergo trainings on responsible parenthood, have their children undergo health check-ups and ensure school attendance. The program ensures that there is...
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...The Office of the Inspector General (OIG) is an independent office within the Environmental Protection Agency (EPA). The OIG is charged with helping the EPA protect the environment in a more efficient and cost effective way. The OIG performs audits, evaluations, and investigations of EPA and its contractors, to promote economy and efficiency, and to deter and detect fraud, waste, and abuse. Helping to ensure a clean and healthy environment for Americans. In order for the Office of the Inspector General to be effective it must perform audits, evaluations, and investigations of EPA and its contractors, to ensure efficiency, and to detect and deter fraud, waste, and abuse. These findings and issues are provided in detail to Congress twice a...
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...ADMINISTRATIVE AGENCIES Definition of Administration agency: Administrative agencies were created to handle serious social problems and crises that are beyond the expertise of legislators and judges. Serve as a primary vehicle for the creation and enforcement of modern regulation. (An official governmental body empowered with the authority to direct and supervise the implementation of particular legislative acts.) The influence referred as the “fourth branch” (three branches, legislative, executive, and judicial) Administrative agencies have been objects of controversy. Enabling Legislation Administrative agencies are created by enabling legislation, which usually specifies the name, composition, and powers of the agency. Administrative procedure Act (APA) The APA was enacted by Congress in 1946 in an attempt to standardize federal agency procedures and to respond to critics who said that administrative power was out of control. Functions of Administrative Agencies In their roles, administrative agencies serve three main functions: rule-making, adjudicating and investigating. * In rule making, the agency takes laws passed by Congress and adds the technical expertise need for them to apply to real-life situations. E.g., a bill may mandate public vaccinations, but a rule will explain which age groups and demographics need the vaccination. * Agencies serve a judicial function when in-house lawyers and judges help individuals resolve disputes with...
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...On June 23, 1988, Congressman Jim Jeffords of Vermont and Senator Tom Harkin of Iowa introduced the Technology-Related Assistance for Individuals with Disabilities Act of 1988. On August 19, 1988, President Reagan signed the Act and it became law, Public Law 100-407. The support for the legislation was very strong. People with disabilities, their families and advocates and those who direct or provide services to those with disabilities emphasized to Congress the importance of technology and support services in technology for people with disabilities.Access to information technology is critical in employment and education for people who are blind. The Telecommunications Act of 1996, a comprehensive law overhauling regulation of the telecommunications industry, recognizes the importance of access to telecommunications for people with disabilities in the Information Age. Section 255 of the Act requires telecommunications products and services to be accessible to people with disabilities. This must be easily accomplishable, without much difficulty or expense. If manufacturers cannot make their products accessible then they must design products to be compatible with adaptive equipment used by people with disabilities, where readily achievable. The Federal Communications Commission (FCC) released Sept. 29 new rules that are designed to give greater access to telecommunications technologies to the disabled. The rules and policies, serving to implement the Telecommunications Act of...
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...Chapter 3 Ap Government Devolution revolution – The effort to slow the growth of the federal government by returning many functions to the states. Federalism – Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States. The national and the subdivisional governments both exercise direct authority over individuals. Dual federalism (layer cake federalism) – Views the Constitution as giving a limited list of powers—primarily foreign policy and national defense—to the national government, leaving the rest to the sovereign states. Each level of government is dominant within its own sphere. The Supreme Court serves as the umpire between the national government and the states in disputes over which level of government has responsibility for a particular activity. Cooperative federalism – Stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government. Marble cake federalism – Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government. Competitive federalism – Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages...
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...are created equal. Three Branches There are three types of branches of government that the American people deal with: executive, legislative, and judicial. The first branch of government is the executive government. According to The White House website (n.d.), “The power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet. The Vice President is also part of the Executive Branch, ready to assume the Presidency should the need arise. The Cabinet and independent federal agencies are responsible for the day-to-day enforcement and administration of federal laws. These departments and agencies have missions and responsibilities as widely divergent as those of the Department of Defense, the Environmental Protection Agency, the Social Security Administration and the Securities and Exchange Commission. Including members of...
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...Mitigation Act of 2000: A Shift to Pre-Disaster Mitigation 3. Additional Sources of Information 4. Glossary of Terms 5. Acronyms 6. Discussion Questions a. General b. NEHRP c. Homeland Security Act of 2002 d. DMA 2000 7. Suggested Out of Class Exercises Introduction No emergency management system anywhere in the world can properly function without statutory authority and consistent budget appropriations. Statutory authority defines disasters programs, determines who is eligible for these programs, provides the legal support needed to implement disaster programs and establishes the legal foundation for funding the programs and activities of the disaster agency. Without such authority, a government agency is powerless. Legal Basis of Modern Emergency Management in the United States The first recorded emergency management legislation in the United States occurred in 1803 when a Congressional Act was passed to provide financial assistance to a New Hampshire town devastated by fire. This is the first example of the Federal government becoming involved in a local disaster. During the 1930’s the Reconstruction Finance Corporation and the Bureau of Public Roads were both given authority to make disaster loans available for repair and reconstruction of certain public facilities after disasters. The Tennessee...
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...In 1871, before the passing of the Pendleton act, then president Ulysses S. Grant along with congress created the first United States Civil Service Commission. The commission lasted for two years, until it was disbanded in 1874 due to lack of funding. President Grant was succeeded by President Rutherford B. Hayes, whose attempts at trying to renew funding for the commission failed. However, President Hayes successor, President Garfield was a huge civil service reform advocate. President Garfield’s non tolerance for the spoils system, also known as patronage, in turn became his demise. President James A. Garfield was assassinated by Charles J. Guiteau, who had been rejected by President Garfield after seeking a job in office by means of patronage, on September 19, 1881. After President Garfield’s assassination, the Pendleton Civil Service Reform Act took almost two years to reach congress by the means of his successor President Chester A. Arthur and Senator George H. Pendleton, who was also a long time reformer. The Pendleton act was signed into law by President Chester A. Arthur, who had also become a vehement reformer after President Garfield’s death. The act was then finally passed by congress on January 16th, 1883. The Pendleton Act made...
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