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Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under the FAR, "[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility."
Administration’s Proposal to Reauthorize the Elementary and Secondary Education Act: Comparison to Current Law
This report discusses the challenges and consequences of reauthorizing the Elementary and Secondary Education Act (ESEA). Moreover, the report outlines the Department of Education's (ED) ideas for reform in the reauthorization. Finally, the reforms are compared to the current policy the ESEA possesses.
Spectrum Policy: Public Safety and Wireless Communications Interference
This report discusses the rebanding plan announced by the Federal Communications Commission in 2004 to consolidate public safety frequencies and those used by some other operators, such as utilities. The plan was announce in an attempt to eliminate interference caused by the close proximity and interleaving of commercial and public safety channels.
Federal Civil and Criminal Penalties Possibly Applicable to Parties Responsible for the Gulf of Mexico Oil Spill
Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions of the Oil Pollution Act and, to a lesser extent, those of the Jones Act and the Death on the High Seas Act. However, federal laws possibly relevant to the oil spill also impose civil and criminal money penalties, which may reach dollar amounts in connection with the Gulf spill greater than those for compensatory liability. This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf spill and related worker fatalities.
Current Legal Status of the FCC’s Media Ownership Rules
This report discusses the Federal Communications Commission’s (FCC) media ownership regulations, which place limits on the number of broadcast radio and television outlets one owner can possess in a given market and place cross-ownership restrictions on these outlets and on the cross-ownership of broadcast properties and newspapers.
Wind Energy: Offshore Permitting
The focus of this report is the current law applicable to siting offshore wind facilities, including the relationship between state and federal jurisdictional authorities. The report also discusses the court challenges to early federal offshore wind energy permitting authorities and the effect that the Energy Policy Act of 2005 has had on the regulatory environment.
Immigration Legislation and Issues in the 111th Congress
Report detailing issues and legislative concerns regarding immigration during the 111th Congress, with a focus on comprehensive reform.
Proposed Amendments to the Toxic Substances Control Act (TSCA): Senate and House Bills Compared with Current Law
On April 15, 2010, Senator Lautenberg introduced legislation (S. 3209) to amend the core provisions of the Toxic Substances Control Act (TSCA) Title I. Representatives Waxman and Rush introduced comprehensive legislation to amend TSCA (H.R. 5820) on July 22, 2010. This report compares key provisions of S. 3209, as introduced, H.R. 5820, as introduced, and current law (15 U.S.C. 2601 et seq.).
Federal Trust Funds and the Budget
This report discusses the Federal Trust Funds and Budget. It also discusses about Status of Largest Trust Funds, Bankruptcy and Insolvency, Longer-Term Status of Trust Funds and Economic Effects of Trust Funds.
Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010
This report provides information on the amount of time taken to act on all Supreme Court nominations occurring between 1900 and the present. It focuses on the actual amounts of time that Presidents and the Senate have taken to act (as opposed to the elapsed time between official points in the process). This report focuses on when the Senate became aware of the President's selection (e.g., via a public announcement by the President).
Biomass Crop Assistance Program (BCAP): Status and Issues
The Food, Conservation, and Energy Act of 2008 (P.L. 110-246, 2008 farm bill) created the Biomass Crop Assistance Program (BCAP). This report discusses the two main purposes of BCAP, which are (1) to support the establishment and production of eligible crops for conversion to bioenergy in selected areas, and (2) to assist agricultural and forest land owners and operators with collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility.
Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents
This report provides background information on birthright citizenship to alien parents in the U.S. The report ends with a detail of amendments in the 112th Congress that would amend the Constitution to exclude from citizenship at birth persons born in the United States whose parents are unlawfully present in the United States or are non-immigrant aliens.
Omnibus Appropriations Acts: Overview of Recent Practices
This report discusses Omnibus appropriations acts, which have become a significant feature of the legislative process in recent years as Congress and the President have used them more frequently to bring action on the regular appropriations cycle to a close. Following a discussion of pertinent background information, this report reviews the recent enactment of such measures and briefly addresses several issues raised by their use.
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials
On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.
U.S.-Mexican Security Cooperation: the Mérida Initiative and Beyond
This report looks at the funding and Congressional oversight for this the joint U.S.-Mexico effort to curb drug trafficking and violence via the Initiative.
Iran Sanctions
This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
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