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 Collection: Congressional Research Service Reports
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Date: August 17, 2012
Creator: Garvey, Todd
Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information-access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Contributing Partner: UNT Libraries Government Documents Department
"Digital Rights" and Fair Use in Copyright Law

"Digital Rights" and Fair Use in Copyright Law

Date: March 24, 2003
Creator: Jeweler, Robin
Description: This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use.
Contributing Partner: UNT Libraries Government Documents Department
Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements

Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements

Date: March 9, 2000
Creator: Shimabukuro, Jon O
Description: Retail reciprocity requirements have been included in the electricity restructuring legislation of at least four states. These requirements mandate generally that out-of-state utilities which operate in a state “closed” to retail competition cannot market power to retail consumers in the “open” state. Because state reciprocity requirements enacted without congressional authorization are probably unconstitutional under the Commerce Clause of the U.S. Constitution, Congress would have to include a reciprocity provision in federal electricity restructuring legislation if it wants to support the view that such a provision will increase competition. This report reviews the treatment of state reciprocity requirements by the U.S. Supreme Court and discusses Congress’ power under the Commerce Clause.
Contributing Partner: UNT Libraries Government Documents Department
Energy and Water Development: FY2014 Appropriations

Energy and Water Development: FY2014 Appropriations

Date: February 25, 2014
Creator: Behrens, Carl E.
Description: This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
Contributing Partner: UNT Libraries Government Documents Department
Energy and Water Development: FY2015 Appropriations

Energy and Water Development: FY2015 Appropriations

Date: May 23, 2014
Creator: Behrens, Carl E.
Description: This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
Contributing Partner: UNT Libraries Government Documents Department
State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement

State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement

Date: March 28, 2014
Creator: Garcia, Michael John & Manuel, Kate M.
Description: This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. It includes legal background and select limitations on immigration enforcement including traditional "sanctuary" policies, declining to honor immigration detainers, shielding juveniles from federal detection, and modifying criminal sentences to avoid immigration consequences.
Contributing Partner: UNT Libraries Government Documents Department
Energy and Water Development: FY2015 Appropriations

Energy and Water Development: FY2015 Appropriations

Date: June 1, 2014
Creator: Holt, Mark
Description: This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
Contributing Partner: UNT Libraries Government Documents Department
Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Date: August 18, 2010
Creator: Manuel, Kate M.
Description: 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."
Contributing Partner: UNT Libraries Government Documents Department
A Primer on the Reviewability of Agency Delay and Enforcement Discretion

A Primer on the Reviewability of Agency Delay and Enforcement Discretion

Date: September 4, 2014
Creator: Shedd, Daniel T. & Garvey, Todd
Description: This report discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
Contributing Partner: UNT Libraries Government Documents Department
Offices of Inspectors General and Law Enforcement Authority: In Brief

Offices of Inspectors General and Law Enforcement Authority: In Brief

Date: September 8, 2014
Creator: Ginsberg, Wendy
Description: This report identifies the laws and regulations that vest certain offices of inspector general (OIGs) with law enforcement authority, which permits the use of guns and ammunition. This report also describes some of the requirements and expectations of OIGs that have law enforcement authority, and includes some reasons that OIGs have expressed a need for law enforcement authority.
Contributing Partner: UNT Libraries Government Documents Department