Presidential Authority to Impose Requirements on Federal Contractors

Presidential Authority to Impose Requirements on Federal Contractors

Date: January 10, 2012
Creator: Burrows, Vanessa K.
Description: Executive orders requiring agencies to impose certain conditions on federal contractors as terms of their contracts have raised questions about presidential authority to issue such orders. FPASA authorizes the President to prescribe any policies or directives that he considers necessary to promote “economy” or “efficiency” in federal procurement. There have been legal challenges to orders (1) encouraging agencies to require the use of project labor agreements; (2) requiring that contracts include provisions obligating contractors to post notices informing employees of their rights not to be required to join a union or pay dues; and (3) directing departments to require contractors to use E-Verify to check the work authorization of their employees. In the event that Congress seeks to enlarge or cabin presidential exercises of authority over federal contractors, Congress could amend FPASA to clarify its intent to grant the President broader authority over procurement, or limit presidential authority to more narrow “housekeeping” aspects of procurement. Congress also could pass legislation directed at particular requirements of executive orders on federal contractors. For example, the 112th Congress enacted legislation that seeks to forestall implementation of any executive order requiring disclosure of contractors' political contributions and expenditures. Details of these processes are described ...
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The Special Inspector General for the Troubled Asset Relief Program (SIG TARP)

The Special Inspector General for the Troubled Asset Relief Program (SIG TARP)

Date: November 5, 2008
Creator: Burrows, Vanessa K.
Description: This report discusses the Special Inspector General provisions in the Emergency Economic Stabilization Act of 2008, H.R. 1424, which was enacted as P.L. 110-343 on October 3, 2008. This Act created a Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP). This report will compare the duties and authorities of the SIG TARP to those of the Special Inspector General for Iraq Reconstruction (SIGIR) and the Special Inspector General for Afghanistan Reconstruction (SIGAR), as well as statutory IGs under the Inspector General Act of 1978, as amended (IG Act).
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Proposed Keystone XL Pipeline: Legal Issues

Proposed Keystone XL Pipeline: Legal Issues

Date: January 23, 2012
Creator: Vann, Adam
Description: This report reviews those legal issues. First, it suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional "foreign affairs" authority. Next, it observes generally that state oversight of pipeline siting decisions does not appear to violate existing federal law or the Constitution. Finally, the report suggests that State Department's implementation of the existing authority to issue presidential permits appears to allow for judicial review of its National Environmental Policy Act determinations.
Contributing Partner: UNT Libraries Government Documents Department
Keystone XL Pipeline Project: Key Issues

Keystone XL Pipeline Project: Key Issues

Date: March 4, 2011
Creator: Parfomak, Paul W.
Description: This report describes the Keystone XL pipeline proposal and the process required for federal approval. It summarizes key arguments for and against the pipeline put forth by the pipeline's developers, federal agencies, environmental groups, and other stakeholders.
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes

Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes

Date: July 7, 2008
Creator: Cohen, Henry & Burrows, Vanessa K.
Description: This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses. Tort law at present is almost exclusively state law rather than federal law, although, as noted in the appendix to this report, Congress has enacted a number of tort reform statutes.
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Keystone XL Pipeline Project: Key Issues

Keystone XL Pipeline Project: Key Issues

Date: March 21, 2011
Creator: Parfomak, Paul W.; Nerurkar, Neelesh; Luther, Linda & Burrows, Vanessa K.
Description: This report describes the Keystone XL pipeline proposal and the process required for federal approval. It summarizes key arguments for and against the pipeline put forth by the pipeline's developers, federal agencies, environmental groups, and other stakeholders. The report discusses potential consistency challenges faced by the State Department in reviewing the pipeline application given its recent prior approvals of similar pipeline projects. Finally, the report reviews the constitutional basis for the State Department's authority to issue a Presidential Permit, and opponents' possible challenges to this authority.
Contributing Partner: UNT Libraries Government Documents Department
Food Safety in the 111th Congress: H.R. 2749 and S. 510

Food Safety in the 111th Congress: H.R. 2749 and S. 510

Date: December 1, 2010
Creator: Johnson, Reneé; Williams, Erin D.; Burrows, Vanessa K.; Upton, Harold E. & Monke, Jim
Description: This report discusses whether the current food safety system has the resources, authority, and structural organization to safeguard the health of American consumers, who spend more than $1 trillion on food each year. Also at issue is whether federal food safety laws, first enacted in the early 1900s, have kept pace with the significant changes that have occurred in the food production, processing, and marketing sectors since then.
Contributing Partner: UNT Libraries Government Documents Department
Medicaid Regulatory Issues

Medicaid Regulatory Issues

Date: November 26, 2008
Creator: Herz, Elicia J. & Burrows, Vanessa K.
Description: This report provides a summary of seven proposed and final rules affecting the Medicaid program that were issued by the Bush Administration during 2007 and 2008. Six of the seven rules are currently under a congressional moratorium on further administrative action until April 1, 2009. A description of possible administrative and legislative actions to modify these rules, which could be taken by the next administration or the 111th Congress, is also provided.
Contributing Partner: UNT Libraries Government Documents Department
Food Safety in the 111th Congress: H.R. 2749 and S. 510

Food Safety in the 111th Congress: H.R. 2749 and S. 510

Date: November 16, 2010
Creator: Johnson, Reneé; Lister, Sarah A.; Williams, Erin D. & Burrows, Vanessa K.
Description: This report discusses whether the current food safety system has the resources, authority, and structural organization to safeguard the health of American consumers, who spend more than $1 trillion on food each year. Also at issue is whether federal food safety laws, first enacted in the early 1900s, have kept pace with the significant changes that have occurred in the food production, processing, and marketing sectors since then.
Contributing Partner: UNT Libraries Government Documents Department