Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P37 pptx

might include one or more of the following: (1) the married mother’s husband when the child was conceived by artificial in semination with semen donated by a THIRD PARTY; (2) a surrogate mother who carried the child to term and gave birth to the child, where the pregna ncy resulted from either (a) her artificial insemination or (b) her receipt of a fertilized ovum (embryo) from another woman; (3) the donor of the semen; and (4) the donor of the ovum or embryo. Artificial insemination Where a married woman, with the consent of her husband, has conceived a child by artificial insemination from a donor other than her husband, the law will recognize the child as the husband’s legitimate child. In vitro fertilization and ovum transplantation The technique of in vitro fertilization gained international attention with the birth of Louise Brown in England in 1978. This technique involves the fertilization of the ovum outside the womb. Where the ovum is donated by ano- ther woman, the birth mother will be treated in law as the legitimate mother of the child. Surrogate motherhood In surrogate moth- erhood, women agree to be artificially insemi- nated or to have a fertilized ovum inserted into their uterus, and to carry the child to term for another party. Where women do this to assist members of their own family, few legal complications arise. However, where women have agreed to the procedure for financial compensation, controversy has followed. The most famous case involved “Baby M” ( IN RE BABY M, 109 N.J. 396, 537 A.2d 1227 [1988]). In 1987, Mary Beth Whitehead agreed to be the surrogate mother for sperm-donor William Stern. Stern agreed to pay Whitehead $10,000 to carry the child. Whitehead signed the contract agreeing to turn the child over to Stern and his wife, Elizabeth Stern. Whitehead began to show attachment to the child when she was born, naming the child Sara Elizabeth White- head at the hospital. The Sterns, on the other hand, had prepared to take custody of the child, naming her Melissa. When Whitehead refused to turn over the baby, Stern went to court seeking custody of the girl. The New Jersey Supreme Court held that the surrogate contract was against public policy and that the right of procreation did not entitle Stern and his wife to custody of the child. Nevertheless, based on the best interests of the child, the court awarded custody to the Sterns and granted Whitehead visitation rights. Court Procedures Family law has been governed by the adversarial process. This proc ess is geared to produce a winner and a loser. In divorce and child custody cases, the process has increas ed tensions between the parties, tensions that do not go away after the court process is completed. States have begun to explore non-adversarial alternatives, including family MEDIATION. Court systems are also experimenting with more informal procedures to handle family law cases, in hopes of diffusing the emotions of the parties. Conclusion Family law has become a major component of the U.S. legal system. Attorneys seeking ADMIS- SION TO THE BAR are tested on family law subjects, and law schools provide more courses in this field. Many of the social and cultural issues U.S. society debates will ultimately be played out in its family courts. FURTHER READINGS Ball, Carlos A. 2008. “The Blurring of the Lines: Children and Bans on Interracial Unions and Same-Sex Mar- riages.” Fordham Law Review. 76:2733. Gregory, John De Witt et al. 2001. Understanding Family Law. 2d ed. Newark, N.J.: LexisNexis. Jasper, Margaret C. 2001. Marriage and Divorce. 2d ed. Dobbs Ferry, N.Y.: Oceana. Krause, Harry D. and David D. Meyer. 2007. Family Law in a Nutshell. 5th ed. St. Paul, Minn.: West Group. “Vermont Legislature Legalizes Same-Sex Marriage.” 2009. The Washington Post, April 7. CROSS REFERENCES Adversary System; Alternative Dispute Resolution; Child Abuse; Children’s Rights; Cohabitation; Domestic Violence; Fetal Rights; Gay and Lesbian Rights; Husband and Wife; Parent and Child FAMILY MEDICAL LEAVE A family medical leave is mandated by federal, state, and local laws that authorize employees to take paid or unpaid leave for a defined period of time for major health-related medical issues affecting their immediate family. Beginning in the 1990s, federal and state family medical leave laws were passed, allowing employees to take unpaid leaves of absence from work for major, family-related medical issues without first obtaining permission from GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FAMILY MEDICAL LEAVE 349 their employers. Business managers worried that family medical leave would make personnel management very difficult and ultimately drive costs up. However, by 2002, studies had shown that the federal medical leave program had not unduly hurt U.S. businesses. California began the next stage in 2002, when it enacted a law that provides employees with paid leaves of absence. Some state and local governments enacted family medical leave laws in the 1980s, but advocates of this policy argued that a federal law was needed. Congress passed a family medical leave law twice in the early 1990s, but both times President George H. W. Bush vetoed the legislation. In February 1993, President BILL CLINTON signed into law the Family and Medical Leave Act of 1993 (FMLA), (29 U.S.C.A. § 2601 et seq.). The act permits employees to take up to 12 weeks of unpaid leave each year for family illness, childbirth, or ADOPTION. It mandates that employers maintain the employees’ insurance benefits and give them their jobs back when they return. The drive for a federal statute was caused in part by changes in the workforce. Youn g mothers and single parents joined the work- force and needed options that generally were not required by the traditional male breadwin- ner. These new employees struggled to keep their jobs when they needed to remain at home during the workday when their children became sick. Employees who missed too much work because their children had serious medical problems often lost their jobs. The federal law sought to provide more security to employees who found themse lves in this predicament. The FMLA, which took effect in August 1993, applies to all businesses and government agencies that have 50 or more employees. Employees become eligible for leave after one year of employment at the business and after working at least 1,250 hours in the previous 12 months. Employees are entitled to take up to 12 workweeks during a 12-month period. The leave can be continuous and can be exhaus- ted after 12 straight weeks, or the employee may take intermittent leave. Intermittent leave is typically taken when the employee or a family member is fighting a serious illness during chemotherapy or another treatment cycle. In addition, intermittent leave can take the form of a reduced work schedule. The FMLA limits the scope of the act to an individual, immediate family, and parents. It also describes the types of life situations that merit mandatory leave. These situations include childbirth, adoption, or the placement of a child with a parent for foster care. Fathers, as well as mothers, are permitted to exercise their leave rights for these situations. Leave also can be taken in order to care for a seriously ill spouse, child, or parent. However, if both spouses work for the same employer, they are jointly entitled to a combined total of 12 weeks of leave for the above situations. In addition, an employee is authorized to take leave to fight a serious health problem. Employees or employers may choose to use accrued paid leave (sick or vacation leave) to cover some or all of the FMLA leave. The employer must designate whether an employ- ee’s use of paid leave counts as FMLA leave, based on information from the employee. Employers also have the right to request health certification before granting leave. Disputes over eligibility can be pursued through second and third medical opinions at the employer’s expense, with a third opinion considered binding. Employers must pay their contributions to employees’ healthcare insurance. If employees also contribute to the insurance plan, they must make these payments while on leave. Employers have recourse if employees do not return to their jobs following a medical leave. Employers can demand repayment of health care premiums that they had paid during the leave period. Job security is generally guaranteed under the FMLA, but not in all cases. If a company lays workers off, it also may eliminate the position of the person who is on leave. In such instances, the employer has the burden of proving that the employee would not otherwise have been employed at the time the reinstate- ment was sought. Another provision of the FMLA concerns key em ployees, who are defined at the highest-paid 10 percent of a company ’s workforce. Key employees are not guaranteed reinstatement and must be informed of this fact when they apply for leave. Employers may deny reinstatement to key employees if granting leave would cause substantial and serious economic injury to the company. A CAUSE OF ACTION to enforce FMLA rights may be brought in state or federal court. An GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 350 FAMILY MEDICAL LEAVE employee’s remedies for an FMLA violation could include money damages in the form of lost wages and, in some circumstances, lost back pay. In Nevada Department of Human Resources v. Hibbs, 123 S. Ct. 1972 (2003), the Supreme Court decided 6–3 that state employees may recover monetary damages in federal court if a state failed to comply with the statute. The Supreme Court thus held that states are not granted ELEVENTH AMENDMENT immunity upon a violation of the statute. Although businesses feared added costs and great disruptions from the FMLA, LABOR DEPART- MENT statistics have shown that the statu te has not been costly or disruptive, with less than 4 percent of the workforce annually taking family medical leave. Many analysts believe that the reason why more workers do not take advantage of the law is that it provides unpaid leave, and many workers simply cannot afford to take advantage of the law. Some also speculate that psychological pressures keep employees from applying for leave and that they believe that their supervisors will view them as less-serious workers. In 2002 California became the first state to tackle the question of paid family medical leave by mandating up to six weeks of paid family and medical leave. Beginning in 2004, the Family Temporary DISABILITY Pay Law required em- ployees to contribute .8 percent of their taxable earnings (not to exceed $55 per year) to fund the medical leave program. Persons who take leave will receive 55 percent of their pay, up to a maximum of $728 per week. FURTHER READINGS Aitchison, Will. 2003. Understanding the Family and Medical Leave Act. Portland, OR: Labor Relations Information System. Bosland, Carl C. 2007. FMLA Basics: A Federal Supervisor’s Guide to the Family and Medical Leave Act 1st Ed. Arlington, VA: Dewey Publications. Decker, Kurt H. 2000. Family and Medical Leave in a Nutshell. St. Paul, MN: West. Department of Labor Website Information on FMLA. Available online at www.dol.gov (accessed May 17, 2009). Simmons, Richard J. 2009. Employer’s Guide to the Federal Family and Medical Leave Act 8th Ed. Van Nuys, CA.: Castle Publications. Stafford, Diane. “California Family Leave Law Goes Too Far.” 2002. Kansas City Star. (October 17). CROSS REFERENCE Employment Law. FANNIE MAE See FEDERAL NATIONAL MORTGAGE ASSOCIATION. FARM CREDIT ADMINISTRATION The Farm Credit Administration (FCA) is an independent agency of the EXECUTIVE BRANCH of the federal government. It supervises and coordinates the Farm Credit Syst em, which is a centralized banking system designed to serve U.S. agricultural interests by granting short- and long-term credit through regional banks and local associations. Although initially capi- talized by the federal government, the ban ks and associations that make up the Farm Credit System are now financed entirely through stock that is owned by members, borrowers, or the associations. The FCA ensures the safe opera- tion of these lending in stitutions and protects the interests of their borrowers. The Farm Credit System was established in 1916 in response to the unique credit needs of farmers. Federal land banks were established to provide adequate and de pendable credit to farmers, ranchers, producers or harvesters of aquatic products, providers of farm services, rural homeowners, and agricultural associations. During the 1930s, the Depression and falling farm prices increased debt delinquencies and led to a serious decline in farm values. Many loan companies and credit institutions failed. In 1933 President FRANKLIN D. ROOSEVELT directed Con- gress to create the FCA to oversee the entities that grant credit to farmers and ranchers. All govern- ment farm credit programs, including the land banks and intermediate credit banks, were unified under the new agency, which was established by the Farm Credit Act of 1933 (U.S. Pub. Law 73-76, 48 Stat. 257). The modern FCA derives its authority from the Farm Credit Act of 1971 (12 U.S.C.A. § 2241 et seq.), which superseded all prior authorizing legis lation. The FCA examines the lending institutions that constitute the Farm Credit System to certify that they are sound. It also ensures compliance with the regulations under which the Farm Credi t institutions operate. To that end, it is authorized to issue cease-and-desist orders, levy civil monetary penalties, remove officers and directors, and impose financial and operating reporting requirements. It may directly in tervene in the management of an institution whose practices violate the Farm Credit Act or its regulations. It GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FARM CREDIT ADMINISTRATION 351 also may step in to correct an unsafe practice or to assume formal conservatorship over an institution. The FCA is managed by the Farm Credit Administration Board, whose three full-time members are appointed to six-year terms by the PRESIDENT OF THE UNITED STATES, with the ADVICE AND CONSENT of the Senate. The board meets monthly to set policy objectives and to approve the rules and regulations that govern the FCA’s responsibilities. The FCA also manages the Federal Agricul- tural Mortgage Corporation, known as Farmer Mac. According the FCA web site, Farmer Mac provides a secondary market for agricultural real estate and rural housing mortgages. It guarantees prompt payment of principal and interest on securities representing interests in, or obligations backed by, mortgage loans secured by first liens on agricultural real estate or rural housing. It also guarantees securities backed by the guaranteed portions of farm ownership and operating loans, rural business and community development loans, and certain other loans guaranteed by the U.S. DEPARTMENT OF AGRICULTURE . As of January 1, 2003, according to the FCA web site, the Farm Credit System was composed of Five Farm Credit Banks that provide loan funds to 81 Agricultural Credit Associations (ACAs), and 13 Federal Land Credit Associa- tions (FLCAs) . ACAs make short-, intermedi- ate-, and long-term loans, and FLCAs make long-term loans. The Farm Credit System also had one Agricultural Credit Bank (ACB), which has the authority of an FCB and provides loan funds to five ACAs. In addition, the ACB makes loans of all kinds to agricultu ral, aquatic, and public utility cooperatives and is authorized to finance U.S. agricultural exports and provide international banking services for farmer- owned cooperatives. The Farm Credit Administration web site offers extensive information about its roles and duties at www.fca.gov. CROSS REFERENCE Agricultural Law. FATAL Deadly or mortal; destructive; devastating. A fatal error in legal procedure is one that is of such a substantial nature as to harm unjustly the person who complains about it. It is synonymous with reversible error, which, in appellate practice, warrants the revers al of the judgment before the appellate court for review. A fatal error can warrant a new trial. A fatal injury is one that results in death. It is distinguished from a DISABILITY in accident and disability insurance policies, which includes those injuries that prevent the insured from doing his or her regular job but do not result in his or her death. FAULT Neglect of care; an act to which blame or censure is attached. Fault implies any negligence, error, or defect of judgment. Fault has been held to embrace a refusal to perform an action that one is legally obligated to do, such as the failure to make a payment when due. FDIC See FEDERAL DEPOSIT INSURANCE CORPORATION . FEASANCE The performance of an act. Malfeasance is the commission of an illegal act. MISFEASANCE is the inadequate or improper performance of a lawful act. NONFEASANCE is the neglect of a duty or the failure to perfor m a required task. FEDERAL Relating to the general government or union of the states; based upon, or created pursuant to, the laws of the Con stitution of the United States. The United States has traditionally been named a federal government in most political and judicial writings. The term federal has not been prescribed by any definite authority but is used to express a broad opinion concerning the nature of the form of government. A recent tendency has been to use the term national in place of federal to denote the government of the Union. Neither settles any question regarding the nature of authority of the government. The term federal is generally considered to be more appropriate if the government is to be viewed as a union of the states. National is used GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 352 FATAL to reflect the view that individual state govern- ments and the Union as a whole are two distinct and separate systems, each of which is estab- lished directly by the population for local and national purposes, respectively. In a more general sense, federal is ordinarily used to refer to a league or compact between two or more states to become joined under one central government. FEDERAL APPENDIX A legal reference source containing federal courts of appeals decisions that have not been selected by the court for publication. The first volume of the Federal Appendix was published September 1, 2001. Coverage began with decisions handed down after January 1, 2001. The Federal Appendix is an appendix to the Federal Reporter, Third Series (F.3d). However, unpublished opinions from the Fifth and Eleventh Circuits are not included in the Federal Appendix. The Federal Append ix is part of Thomson West’s National Reporter System. The cases contain the West enhancements of case sum- maries, headnote s, and topics and KEY NUMBERS. A citation to a Federal Appendix opinion gives, first, the volume, then the abbreviation of the publication, and finally the page number on which the opinion begins. A sample citation looks like this: 2 Fed.Appx. 386 (4th Cir. 2001). In 2002, Federal Appendix citations began to appear in the Federal Practice Digest Fourth Series, and also in some state digests. Generally, unpublished opinions have no precedential value. And across jurisdictions there are inconsistent court rules regarding citation of unpublished opinions. In 2001 the AMERICAN BAR ASSOCIATION House of Delegates expressed its approval of federal courts of appeals granting access to unpublished opinions and allowing citation to unpublished opinions (ABA Resolution 01A115). And The Judicial Conference of the United States ’s Advisory Committee on Appellate Rules has consi- dered amendments to the Federal Rules of Appellate Procedure dealing with citation of non-precedential unpublished decisions. CROSS REFERENCE Judicial Conference of the United States. FEDERAL AVIATION ADMINISTRATION On December 17, 1903, Wilbur and Orville Wright flew an airplane for 12 seconds in Kitty Hawk, North Carolina.A half-century later, Con- gress established the Federal Aviation Agency with the Federal Aviation Act of 1958 (49 U.S.C.A. § 106). This agency was later renamed the Federal Aviation Administration. Under the act, the FAA became responsible for all the following: n Regulating air commerce to promote its development and safety and to meet national defense requirements n Controlling the use of navigable airspace in the United States and regulating both civil and military operations in that airspace in the interest of safety and efficiency n Promoting and developing civil AERONAU- TICS , which is the science of dealing with the operation of civil, or nonmilitary, aircraft n Consolidating research and development with respect to air navigation facilities n Installing and operating air navigation facilities n Developing and operating a common system of air traffic control and navigation for civil and military aircraft n Developing and implementing programs and regulations to control aircraft noise, sonic booms, and other e nvironmental effects of civil aviation A component agency of the DEPARTMENT OF TRANSPORTATION ever since the Department of Transportation Act was passed in 1967 (49 U.S.C. A. § 1651), the Federal Aviation Administration (FAA) engages in a variety of activities to fulfill its responsibilities. One vital activity is safety regulation. The FAA issues and enforces rules, regulations, and minimum standards relating to the manufacture, operation, and maintenance of aircraft. In the interest of safety, the FAA also rates and certifies people working on aircraft, including medical personnel, and certifies air- ports that serve air carriers. The agency performs flight inspections of air navigation facilities in the United States and, as required, abroad. It also enforces regulations under the Hazardous Mate- rials Trans portation Act (49 U.S.C.A. app. 1801) as they apply to air shipments. FAA inspectors use a six-inch-thick book called the Airworthiness Inspector’s Handbook in GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FEDERAL AVIATION ADMINISTRATION 353 their work. These inspectors have significant power, including the ability to delay or ground aircraft deemed non-airworthy and to suspend the license of pilots and other flight personnel who break FAA rules. Another primary activity of the FAA is to manage airspace and air traffic, with the goal being to ensure the safe and efficient use of the U.S. navigable airspace. To meet this goal, the agency operates a network of airport traffic control towers, air route traffic control centers, and flight service stations. It develops air traffic rules and regulations and allocates the use of airspace. It also provides for the security control of air traffic to meet national defense requirements. The FAA oversees the creation, operation, maintenance, and quality of federal visual and electronic aids to air navigation. The agency operates and maintains voice and data commu- nications equipment, radar facilities, computer systems, and visual display equipment at flight service stations, airport traffic control towers, and air route traffic control centers. Research, engineering, and development activities of the agency help provide the systems, procedures, facilities, and devices needed fo r a safe and efficient system of air navigation and air traffic control to meet the needs of civil aviation and the air defense system. The FAA also performs aeromedical research to apply knowledge gained from its work and the work of others to the safety and promotion of civil aviation and the health, safety, and efficiency of agency employees. The agency further supports the development and testing of improved aircraft, engines, propellers, and appliances. The FAA is authorized to test and evaluate aviation systems, subsyste ms, equipment, devices, materials, concepts, and procedures at any phase in their development, from concep- tion to acceptance and implementation. The agency may assign independent testing at key decision points in the development cycle of these elements. The agency maintains a natio nal plan of airport requirements and administers a grant program for the development of public-use airports, to ensure safety and to meet current and future capacity needs. The FAA also evaluates the environmental effects of airport development; administers an airport noise compatibility program; develops standards and technical guidance on airport planning, des ign, safety, and operation; and provides grants to assist public agencies in airport planning and development. The FAA registers aircraft and records documents related to the title or interest in aircraft, aircraft engines, propellers, appliances, and spare parts. Under the Federal Aviation Act of 1958 and the International Aviation Facilities Act (49 U.S. C.A. app. 1151), the agency promotes aviation safety and civil aviation abroad by exchanging aeronautical information with foreign aviation authorities; certifying foreign repair stations, aviators, and mechanics; negotiating bilateral airworthiness agreements to facilitate the im- port and export of aircraft and components ; and providing technical assistance and training in all areas of the agency’s expertise. The agency provides technical represen tation at interna- tional conferences, including those of the International Civil Aviation Organization and other international organizations. Finally, the agency conducts miscellaneous activities such as administering the aviation insurance and aircraft loan guarantee programs; ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Fatal Accidents on U.S. Commercial Air Carriers, Scheduled and Nonscheduled Service, 1990 to 2009 a An illegal act was responsible for an occurrence in this category. Other than the persons aboard aircraft who were killed, fatalities resulting from the September 11, 2001, terrorist acts are excluded from this table. b Data is as of May 2009. SOURCE: National Transportation Safety Board, “Aviation Accident Statistics,” available online at http://www.ntsb.gov/aviation/stats.htm (accessed on Au g ust 7, 2009). 3 0 100 200 300 400 500 600 1990 1995 2001 a 2005 2008 2009 b Year Number of fatalities 0 1 2 3 4 5 6 7 Number of fatal accidents 52 22 531 168 39 Fatal accidentsFatalities GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 354 FEDERAL AVIATION ADMINISTRATION assigning priority and allocating materials for civil aircraft and civil aviation operations; developing specifications for the preparation of aeronautical charts; publishing current infor- mation on airways and airport services and issuing technical publications for the improve- ment of safety in flight, airport planning, and design; and serving as the executive administra- tion for the operation and maintenance of the Department of Transportation’s automated payroll and per sonnel systems. No stranger to controversy, the FAA has been at the center of a variety of national debates. In the early 1980s, 11,000 air traffic controllers went on strike to protest stressful working conditions. When President RONALD REAGAN ordered them fired, the FAA pledged to replace many of them by overhauling and modernizing the system that guides planes from takeoff to landing. Fifteen years later, some critics of the FAA contended that the agency had yet to create a modern air traffic control system, causing delays that cost the airline industry up to $5 billion per year. Speaking on the subject in January 1996, Senator William S. Cohen (R-MA), a member of the Committee on Governmental Affairs, said: “The FAA is a victim of its own poor management. If the agency devoted more time to managing itself and less time to defending its deficiencies, the air traffic control system would have been replaced years ago.” In the 1980s the FAA supported drug- testing for commercial airline pilots and air traffic controllers. Though drug-testing is a form of search, implicating FOURTH AMENDMENT concerns, these drug tests are routinely upheld as a permissible invasion of privacy in light of the public safety concerns associated with air travel. With U.S. air traffic increasing by almost 130 percent from 1978 to 1994, fatal aircraft accidents also increased. Critics of the FAA asserted that the agency failed to increase its number of inspectors at a rate comparable to the rate of growth in air traffic; in fact, the agency had only 12 percent more inspectors in 1994 than it did in 1978. The FAA also came under scrutiny for the safety of smaller aircraft after a succession of fatal commuter jet crashes in the 1980s and early to mid-1990s. In 1988, for example, an AVAir plane crashed in Raleigh, North Carolina, killing 12 people. In the two months before the accident, AVAir had another accident, filed for BANKRUPTCY, shut down, and restarted. In that time, AVAir’s FAA inspector never visited the airline’s headquarters, ob- served a pilot check ride, or met the training director. Together with Federico F. Peña, secretary of the U.S. TRANSPORTATION DEPARTMENT, David R. Hinson, admi nistrator of the FAA, set what he called an ambitious new goal at a January 1995 aviation safety summit: zero accidents. In September 1995 he defended his agency on the safety issue by saying that of the 173 safety initiatives developed at the summit, more than two-thirds were already complete. Calling perfect safety a shared responsibility, Hinson asked for a “hands-on, eyes-op en commitment of every person who designs, builds, flies, maintains and regulates aircraft.” The same month, the FAA announced plans to train air traffic controllers with computer simulators. In early 1996 the federal government enacted new rules intended to make small commuter turbo- prop planes as safe as big jets. As part of the change, the FAA began requiring small AIRLINES to follow the same rules for training and operations as do major airlines. In the wake of the SEPTEMBER 11TH ATTACKS of 2001, in which terrorists used commercial airplanes to destroy the World Trade Center in New York and seriously damage the Penta- gon in Washington, D.C., the FAA shifted much of its focus to airline and airport security. Shortly after the attacks on the morning of September 11th, the FAA ordered the ground- ing of all aircraft in the United States. About 1,100 planes were rerouted to new destinations in the first 15 minutes after the order was issued. Throughout the chaotic day, about 4,500 planes eventually landed. The FAA required the planes to remain grounded for several days after the attacks. The FAA immediately began considering new rules and regulations for protecting air- ports and airlines from further attacks. Airport security was tightened considerably. Air carriers are now required to check each ticketed passenger for government-issued identification. Baggage is checked more thoroughly at screen- ing points, and on ly ticketed passengers may pass beyond the screening area. The regulations also restr icted the ability of passengers to use the curbs outside the airports. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FEDERAL AVIATION ADMINISTRATION 355 More restrictions were place d on items that may be brought aboard a flight by passengers. Because the terrorist attacks on September 11 were perpetrated largely through the use of household goods—box cutters—the FAA iden- tified a number of potentially dangerous items that are now restricted from being carried on board by passengers. Such items included firearms, knives and other cutting or punctur- ing instruments, corkscrews, athletic equipment such as baseball bats or golf clubs, fireworks and other explosive devices, and flammable liquids or solids. Additionally, the FAA required all cockpit doors and framing on about 7,000 domestic aircraft to be replaced with a tougher access system by April 2003. In an effort to comply with this regulation, most commercial airlines installed bombproof and/or bulletproof cockpit doors. Additionally, before September 11, 2001, fewer than 50 air marshals flew, primarily on international flights. After the attacks, however, FAA officials expanded the program. Although the precise numb er of marshals flying is classified, the program had grown to slightly more than 4,000 marshals by 2003. The air marshals program was later moved under the purview of the Transportation Security Admin- istration, an agency created in the wake of the September 11th attacks. FURTHER READINGS Boswell, J., and A. Coats. 1994. “Saving the General Aviation Industry: Putting Tort Reform to the Test.” Journal of Air Law and Commerce 60 (December-January). Federal Aviation Administration. Available online at www. faa.gov (accessed September 19, 2009). Hamilton, J. Scott. 2001. Practical Aviation Law. 3d ed. Ames: Iowa State Univ. Press. Rollo, V. Foster. 2000. Aviation Law: An Introduction. 5th ed. Lanham, Md.: Maryland Historical Press. CROSS REFERENCES Administrative Agency; September 11th Attacks; Transpor- tation Security Administra tion FEDERAL BANK ACTS The National Bank Act, 12 U.S.C.A. § 21 et seq. (1864), was enacted to provide the federal government with an agent to handle its financial affairs through the incorporation of the BANK OF THE UNITED STATES , which also carried on general banking business. Created by a statute passed by Congress in 1791 the Bank of the United States became the central bank for the newly formed government. The bank had a 20-year charter that expired in 1811, but it was not renewed due to the political climate of the country. The financing problems of the WAR OF 1812, however, high- lighted the need for a central bank, motivating Congress to enact legislation to establish the Second Bank of the United States. That bank also had a 20-year charter, but the bank was closed prior to the charter expiration due to political opposition led by U.S. President ANDREW JACKSON. FEDERAL BAR ASSOCIATION The Federal Bar Association (FBA) has more than 16,000 members. It was founded in 1920 to advance the science of jurisprudence and promote the administration of justice; to uphold a high standard for the federal judiciary, attorneys representing the U.S. government, and attorneys appearing before the courts, agencies, and departments of the United States; to encourage friendly relations among members of the legal profession; and to promote the welfare of attorneys. CONTINUING LEGAL EDUCATION and professional and community services are among association activities. FBA is affiliated with the N ational Lawyers Club and the Foundation of the Federal Bar Association. Pub- lications include Federal Bar News (monthly), a monthly placement newsletter, Federal Bar Journal (quarterly), and Legislative Update. The association holds annual meetings in late summer. The FBA gives its members a chance to meet at regional and national conferences, become active in informed discussion of SUBSTANTIVE LAW issues, assume leadership posi- tions at the local and national level, and network with other professionals in the field of federal law. FURTHER READINGS Federal Bar Association Web site. Available online at http:// www.fedbar.org (accessed July 23, 2009). Federal Litigation. 1984. Arlington, VA: Federal Bar Association. The Federal Bar Association. 1965. Arlington, VA: Federal Bar Association. CROSS REFERENCES American Bar Association; Jurisprudence. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 356 FEDERAL BANK ACTS FEDERAL BUDGET The federal budget is an annual effort to balance federal spending in such areas as forestry, education, space technology, and the national defense, with revenue ra ised largely through federal taxes. Of the three branches of the U.S. govern- ment, Cong ress has the power to determine federal spending, pursuant to Article I, Section 9, of the U.S. Constitution. This provision states, “No money shall be drawn from the Treasury, but in Consequence of Appropria- tions made by Law.” The drafters of the Constitution sought to secure the federal SPENDING POWER with legislators rather than the president, to keep separate the powers of purse and sword. In The Federalist (No. 58), JAMES MADISON wrote, “This power of the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people.” Still, the Constitution reserved for the president some role in legislative decisions regarding federal spending. The president may recommend budget allowances for what he considers “necessary and expedient,” and if Congress does not heed these recommenda- tions, the president may assert his qualified veto power. But the ultimate determinations of federal expenditures belong to Congress. When the federal government spends more money than it collects in a given year, a deficit occurs. By the mid-1990s, annual budget deficits were exceeding $200 billion, which alarmed the public and caused debate over how to balance the federal budget. President WILLIAM JEFFERSON CLINTON was successful in the latter years of his admini stration to provide a budget surplus, which reduced the national debt (the total amount the government owes after borrowing from the population, from foreign governments, or from international institu- tions) by several billion dollars. In 2000 Clinton announced a record $230 billion surplus, which exceeded the previous record surplus of $122.7 million set in 1999. However, the deficit returned under President GEORGE W. BUSH.In 2003 Bush announ ced an estimated $304 billion deficit, which established yet another record. When BARACK OBAMA took office in 2009 in the midst of a recession, he inherited a $1.3 trillion deficit. To encourage better communication and cooperation between the president and Con- gress on matters concerning the federal budget, Congress has enacted laws formalizing the budget-making process. The first such law was passed in response to an enormous national debt following WORLD WAR I. The Budget and Accounting Act of 1921 (31 U.S.C.A. § 501 et seq.) required the president to submit to Congress an annual budget outlining budget aggregates (recommendations). Within budget aggregates recommended by the president, Congress then was to assign priorities. The 1921 act did not change the balance of powers assigned by the Constitution: Congress retained the right to ignore the president’s recommendations, and the president retained the right to veto spending legislation. Rather, the act formalized and codified the roles of each branch. As may be expected, the president and members of Congress do not always agree on federal budget issues. In the early 1970s President RICHARD M. NIXON claimed impound- ment, which is an executive power to refu se to spend funds appropriated by Congress. Although Nixon argued that he had the right to impound in instances he believed were in the country’s best interest, the U.S. Supreme Court affirmed a ruling by the Second CIRCUIT COURT of Appeals requiring Nixon to expend federal funds appropriated for the protection of the Federal Budget, 1940–2009 Ϫ2,000 Ϫ1,000 0 1,000 2,000 3,000 4,000 1940 1950 1960 1970 1980 1990 2000 2008 2009 c Year Billions of dollars a Includes off-budget outlays. b Includes off-budget receipts. c Projected budget. SOURCE: U.S. Office of Mana g ement and Bud g et, Historical Tables, annual. Federal outlays a Federal receipts b Annual surplus or debt ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION FEDERAL BUDGET 357 environment (Train v. New York, 420 U.S. 35, 95 S. Ct. 839, 43 L. Ed. 2d 1 [1975]). However, this ruling was based on the terms of a federal WATER POLLUTION law; the Court declined to address specifically whether the EXECUTIVE BRANCH had the general power to impound funds appropriated by Congress. Congress responded with the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.A. § 190a-1 note et seq.; 31 U.S.C.A. § 702 et seq.). This act sought to restore and strengthen legislative control of the budget by requiring the approval of both the Senate and the House of Representatives for presidential Government Shutdown L B egal commentators have argued that by keep- ing separate the powers of purse and sword, drafters of the U.S. Constitution encouraged battles between Congress and the president. This friction between government branches is part of the constitutionally created system of checks and balances. Discord over federal budget priorities usually resolves in short order—no politician wants the reputation of jeopardizing the national or world economy. But on rare occasions in the 1 990s, budget fights led to federal government shutdowns. In October 1990, when Democrats in Congress sought to reduce the federal deficit by implementing a surtax on the income of millionai res, Republican president George H. W. Bush followed t hrough on a threat to veto any b udget legislation that included tax increases. The veto effectively shut down several federal agenci es. The closures lasted only three days and occurred on a weekend. Fearing negative fallout from a more extensive government shutdown, Congress and the president reached a compromise plan to reduce the federal deficit without the surtax. Major differen ces in political ideologies again surfaced in t he fall of 1994, when control of Congress shifted from Democrats to Republicans. The new Congress set a goal of balancing the federal budget by the year 2002, a feat that had not occurred since 1969. Republicans, buoyed by public sentiment favor- ing this goal, attempted to implement their balanced budget plan in the fall o f 1995. But they faced opposition from m any Democrats, among them President Bill Clinton. Although agreeing with the necessity of a balanced budget, Clinton opposed proposed cuts to entitlement programs such as Medicare, Medicaid, and welfare. The dispute divided thebranchesofgovernmentaswellaspolitical parties, and in November 1995, an impasse led to the expiration of federal funding. Without adequate funding, much of the federal government—including agencies, museums, national parks, and research laboratories—ground to a halt. Some 800,000 govern- ment employees deemed “nonessential” were sent home. Politicians on both sides of the issue faced disapproval from their constituents. Compromises were reached, and a week after it started, the shutdown was over. Although ideolog ical differences continued, Congress and the White House achi eved a budget surplus of $69 billion in 1998. The surplus occurred three years after another partial government shutdown in Dec ember 1995 that lasted 21 days. The budget surplus increased to $122.7 billion in 1999 and $230 billion in 2000. Economists projected that the United States could pay off its debts by 2013 if the budget surpluses continued. Those surpluses, however, ended during the admini stration of Pre- sident George W. Bush. T he Bush administration announced a record $304 billion deficit in 2003. The amount steadily increased each y ear. When Presi- dent Bush left office, the deficit had grown to $482 billion, which is 3.3 percent of gross national product. The financial meltdown that began in September 2008 triggered a massive bailout of the financial industry. President Barack Obama inher- ited these economic problems and chose to revive the economy with a stimulus package. The admin- istration projected a deficit of $1.4 trillion dollars in fiscal year 2010. FURTHER READINGS Meyers, Roy T., ed. 1999. Handbook of Government Budgeting. San Francisco: Jossey-Bass. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 358 FEDERAL BUDGET . BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION FEDERAL BUDGET 357 environment (Train v. New York, 42 0 U.S. 35, 95 S. Ct. 839, 43 L. Ed. 2d. 2009). 3 0 100 200 300 40 0 500 600 1990 1995 2001 a 2005 2008 2009 b Year Number of fatalities 0 1 2 3 4 5 6 7 Number of fatal accidents 52 22 531 168 39 Fatal accidentsFatalities GALE ENCYCLOPEDIA OF AMERICAN LAW, . economic injury to the company. A CAUSE OF ACTION to enforce FMLA rights may be brought in state or federal court. An GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 350 FAMILY MEDICAL LEAVE employee’s