Snakes on a Plane, in an Apartment, or at the Supermarket? Assistance Animals Under Three Federal Statutes

 

Congressional Research Service (CRS) serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. They recently posted a summary of laws dealing with service and assistance animals.

The three main laws concerning service and assistance animals for the disabled are the Americans with Disability Act, the Air Carrier Access Act and the Fair Housing Act. The Americans with Disabilities Act covers access to businesses and other public services.  The Air Carrier Access Act specifically addresses airlines (as opposed to airports covered by the ADA), and the Fair Housing Act concerns non-commercial housing and covers property owners, housing managers, HOA's, insurers, real estate agents, housing authorities, and colleges and universities.  All three acts state that businesses and services must make "reasonable modifications" to policies, practices, and procedures.  

According to the ADA, a disability is a physical or mental impairment that significantly limits one or more major life activity.  The ADA and the ACAA only protect service animals -- those animals trained to do work or perform tasks specifically related to the disability.  Only dogs and miniature horses are covered by ADA and ACAA.  Miniature horses may be used by people who are allergic to dogs.  No peacocks need apply.  Emotional support animals are not covered by these acts, but trained animals providing psychiatric assistance are.  

Businesses may not ask a person what their disability is, but they can ask what the animal has been trained to do.  Airlines may ask for DOT (Department of Transportation) forms concerning the health and/or training of the animal.  Animals must always be under the control of the handler, who must provide care and clean up.  

The FHA does protect assistance animals as well as service animals, including untrained ones, although the housing provider can still ask about the animal's function and for verification and documentation.  Common household animals (dogs, cats, etc.) are protected, but barnyard and exotic animals are not without documented proof of need.  Housing agents must allow the animals, but owners are liable for the cost of any damages caused by the animal.

The HUD says that denials of assistance animals accommodations are rising and are one of the most common fair housing complaints.

Other acts that include information about service and assistance animals are the Rehabilitation Act of 1973, the Affordable Care Act, the Congressional Accountability Act, and the Individuals with Disabilities Education Act.  

Future U.S. Role in the World

A July 12, 2017 CRS Report entitled U.S. Role in the World: Background and Issues for Congress by Ronald O-Rourke and Michael Moodie provides background information and issues for Congress to consider given statements and actions from the Trump Administration that may indicate a change in the role the U.S. plays in world affairs. The central policy issue for this report concerns "whether there should be a change in the U.S. role, and if so, what that change should be, including whether a given proposed change would be feasible or practical, and what consequences may result." The report addresses implications a change in the U.S. role would have for "congressional organization, capacity, and operations relating to foreign policy, national security, and international economic policy."

Legal Questions About President Trump's Withdrawal from the Paris Agreement

On June 9, 2017 the Congressional Research Service (CRS) published a "Legal Sidebar" report and analysis entitled President Trump's Withdrawal from the Paris Agreement Raises Legal Questions.
The questions are:
Pt. 1

• Will the United States Follow the Multi-Year Process for Withdrawal in Article 28?
• Can the United States Immediately Withdraw from the Paris Agreement?
• To What Extent Does the Trump Administration Consider the Paris Agreement Binding Under International Law?
• Will the United States Remain in the United Nations Framework Convention on Climate Change?

Pt. 2

• What is the United States’ Role in Future Climate Change Meetings Organized Under the Paris Agreement?
• What are the Prospects for Legal Challenges to the Withdrawal?
• What Legal Risks did the President Seek to Avoid by Announcing the Exit?

See the answers at https://fas.org/sgp/crs/row/withdrawal.pdf

Mass Shootings and Terrorism Bibliographies

In the wake of yet another mass shooting several government agencies have published bibliographies for finding information about terrorism or lone wolf terrorism:

• Lone Wolf Terrorism  - A Brief Bibliography by Greta E. Marlatt, Homeland Security Digital Library 
• Mass Shootings and Terrorism, - CRS (Congressional Research Service) Report by Jennifer E. Lake, Section Research Manager, June 13, 2016 - Lists different CRS Reports that address mass murder with firearms, firearms regulation, domestic terrorism, and hate crimes. Click on the report number to view it although it might not appear to be linked.

Iran Nuclear Agreement: Selected Issues for Congress

On August 6, 2015 the Congressional Research Service (CRS) released a report entitled Iran Nuclear Agreement: Selected Issues for Congress By Kenneth Katzman and Paul K. Kerr. The agreement between Iran and the United States, France, Britain, Germany, Russia, and China (countries labelled the P5+1), is under review by Congress until September 17. A paragraph in the report's summary describes the agreement in broad terms:

Broadly, the accord represents an exchange of limitations on Iran’s nuclear program for the lifting or suspension of U.S., U.N., and European Union (EU) sanctions. The text contains relatively complicated provisions for inspections of undeclared Iranian nuclear facilities, processes for adjudicating complaints by any of the parties for nonperformance of commitments, "snap-back" provisions for U.N. sanctions, finite durations for many of Iran’s nuclear commitments, and broad U.N., E.U., and U.S. commitments to suspend or lift most of the numerous sanctions imposed on Iran since 2010. Many of the agreement’s provisions have raised questions about the degree to which the accord can accomplish the P5+1 objectives that were stated when P5+1-Iran negotiations began in 2006.

Affordable Care Act Legislation

On Sept. 12, 2014 the Congressional Research Service released Legislative Actions to Repeal, Defund, or Delay the Affordable Care Act (PDF link) by C. Stephen Redhead and Janet Kinzer. Three appendices summarize legislative actions to repeal, defund, delay, or otherwise amend the ACA law's enactment:

• Table A-1 in Appendix A - "summarizes the authorizing legislation to amend the ACA that has been approved by both chambers and enacted into law."
• Table B-1 in Appendix B - "summarizes the ACA provisions in authorizing legislation that passed the House in the 112th Congress (2011-2012) but was not approved by the Senate. It also lists the ACA-related legislation that the House has passed to date in the 113th Congress (2013-2014), but which has not been taken up by the Senate."
• Table C-1 in Appendix C  - "summarizes the ACA-related provisions in enacted annual appropriations acts for each of FY2011 through FY2014."

The report also contains background information on the core provisions of the ACA and an overview of the law's impact on federal spending.

Overview of Nonmarital Births

On July 30, 2014 the Congressional Research Service (CRS) released a report by Carmen Solomon-Fears, Specialist in Social Policy, entitled Nonmarital Births: An Overview. CRS studied this topic because "although marriage and family life are generally considered private issues, they have become part of the public arena primarily because of public policies that help families affected by negative outcomes associated with nonmarital births to maintain a minimum level of economic sufficiency." The report "analyzes the trends in nonmarital childbearing, discusses some of the characteristics of unwed mothers, addresses some issues involving the fathers of children born outside of marriage, and offers some concluding remarks."

The Protection of Classified Information: The Legal Framework

When WikiLeaks published classified information, many wondered about the legalities involved. Legal background information is now available from a new Congressional Research Service report, The Protection of Classified Information: The Legal Framework by Legislative Attorney Jennifer K. Elsea. According to the summary, the report

provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report describes some recent developments in executive branch security policies and legislation currently before Congress (S. 3454).

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Afghanistan: Post-Taliban Governance, Security, and U.S. Policy

The Congressional Research Service (CRS) released a report (Order Number: RL30588) dated 12/30/2009 that provides background information about issues surrounding the conflict in Afghanistan.   The Thurgood Marshall Law Library has made available online "Afghanistan: Post-Taliban Governance, Security, and U.S. Policy." The 41 page document complete with tables and a map of Afghanistan provides a succinct summary of issues our government must consider in dealing with the conflict in Afghanistan.

Overview of the U.S. Financial System

A 12/14/2009 report from the Congressional Research Service (CRS) provides useful background information as hearings about the financial crisis get underway.  The Thurgood Marshall Law Library has made available online CRS Order Number: R40249,. "Who Regulates Whom? An Overview of U.S. Financial Supervision." The report "provides an overview of current U.S. financial regulation: which agencies are responsible for which institutions and markets, and what kinds of authority they have."