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

Description: This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations.
Date: October 1, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

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

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."
Date: August 18, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

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

Description: This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. The report begins by providing a brief overview of the constitutional principles informing the relationship between federal immigration authorities and state and local jurisdictions, including the federal government's power to preempt state and local activities under the Supremacy Clause, and the Tenth Amendment's proscription against Congress directly "commandeering" the states to administer a federally enacted regulatory scheme.
Date: July 10, 2015
Creator: Garcia, Michael J. & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Energy and Water Development: FY2010 Appropriations

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.
Date: January 5, 2010
Creator: Behrens, Carl E.
Partner: UNT Libraries Government Documents Department

Energy and Water Development: FY2010 Appropriations

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.
Date: August 26, 2009
Creator: Behrens, Carl E.
Partner: UNT Libraries Government Documents Department

Energy and Water Development: FY2015 Appropriations

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.
Date: May 23, 2014
Creator: Behrens, Carl E.
Partner: UNT Libraries Government Documents Department

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

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.
Date: March 28, 2014
Creator: Garcia, Michael John & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Energy and Water Development: FY2014 Appropriations

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.
Date: February 25, 2014
Creator: Behrens, Carl E.
Partner: UNT Libraries Government Documents Department

A Primer on the Reviewability of Agency Delay and Enforcement Discretion

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.
Date: September 4, 2014
Creator: Shedd, Daniel T. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Offices of Inspectors General and Law Enforcement Authority: In Brief

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.
Date: September 8, 2014
Creator: Ginsberg, Wendy
Partner: UNT Libraries Government Documents Department

Energy and Water Development: FY2015 Appropriations

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.
Date: June 1, 2014
Creator: Holt, Mark
Partner: UNT Libraries Government Documents Department

Appointment of African American U.S. Circuit and District Court Judges: Historical Overview and Current Data

Description: This report briefly provides historical and statistical information related to the appointment of African Americans as U.S. circuit and district court judges. Such information addresses ongoing congressional interest in the demographic characteristics of lower federal court judges.
Date: February 12, 2016
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland

Description: This report identifies and briefly summarizes each of the more than 350 cases in which Judge Garland has authored a majority, concurring, or dissenting opinion. Arguably, these written opinions provide the greatest insight into Judge Garland's judicial approach, as a judge's vote in a case or decision to join an opinion authored by a colleague may be based upon a number of considerations and may not necessarily represent full agreement with a joined opinion.
Date: May 2, 2016
Creator: Mason, R. C.
Partner: UNT Libraries Government Documents Department

Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court

Description: This report provides an overview of Judge Garland's jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia. The report begins with his views on two overarching issues -- the role of the judiciary and statutory interpretation -- it then addresses 14 separate areas of law, which are arranged in alphabetical order from "administrative law" to "takings."
Date: April 27, 2016
Creator: Nolan, Andrew; Manuel, Kate M. & Murrill, Brandon J.
Partner: UNT Libraries Government Documents Department

Nominations to U.S. Circuit and District Courts by President Obama During the 111th and 112th Congresses

Description: Recent Senate debates in the 112th Congress over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama's nominees in gaining Senate confirmation (compared with other recent Presidents) as well as the effect of delayed judicial appointments on judicial vacancy levels. The following report addresses these issues, and others, by providing a statistical overview of President Obama's nominees to U.S. circuit court of appeals and U.S. district court judgeships, current through May 31, 2012.
Date: June 1, 2012
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

Corporate Inversions: Frequently Asked Legal Questions

Description: This report answers frequently-asked legal questions about corporate inversions. It answers questions relating to the scope and operation of Section 7874, including how key statutory terms have been interpreted by the Internal Revenue Service (IRS). It discusses important Department of Treasury regulations that were finalized in 2015 and 2016, and answers questions about the IRS's authority to issue these regulations. Other questions that are answered relate to legislation introduced in the 114th Congress, the interaction of Section 7874 with tax treaties, and the imposition of an excise tax on corporate insiders who benefit from an inversion.
Date: September 7, 2016
Creator: Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?

Description: This report is the third in a series discussing the potential impact of the Federal Communications Commission's proposal to reclassify broadband Internet access services (BIAS). This report focuses on the proposal's possible effect on the regulation of BIAS providers' privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Banking Policy Issues in the 115th Congress

Description: This report provides a broad overview of selected banking-related issues, including prudential regulation, consumer protection, "too big to fail" (TBTF) banks, community banking, regulatory agency structures and independence, and recent market and economic trends. It is not an exhaustive look at all bank policy issues, nor is it a detailed examination of any one issue. Rather, it provides concise background and analyses of certain prominent issues that have been the subject of recent discussion and debate. In addition, this report provides a list of Congressional Research Service reports that examine specific bills, including the Financial CHOICE Act (H.R. 10) and bills proposing to provide regulatory relief for banks.
Date: May 26, 2017
Creator: Perkins, David W.
Partner: UNT Libraries Government Documents Department

Harvey v. Veneman and the National Organic Program: A Legal Analysis

Description: The First Circuit’s ruling in Harvey v. Veneman brought much attention and uncertainty to the U.S. Department of Agriculture’s National Organic Program. In the case, Harvey alleged that multiple provisions of the National Organic Program Final Rule (Final Rule) were inconsistent with the Organic Foods Production Act of 1990 (OFPA). The First Circuit sided with Harvey on three counts, putting into question the use of synthetics and commercially unavailable organic agricultural products, as well as certain feeding practices for dairy herds converting to organic production. On remand, the district court ordered a two-year time frame for the implementation and enforcement of new rules consistent with the ruling; however, in the FY2006 agriculture appropriations act (P.L. 109 97), Congress amended the OFPA to address the holdings of the case. This report describes the OFPA, discusses those holdings where the court determined that a provision of the Final Rule was inconsistent with the OFPA and analyzes the most recent legislative action.
Date: November 18, 2005
Creator: Vina, Stephen R.
Partner: UNT Libraries Government Documents Department

Invasive Non-Native Species: Background and Issues for Congress

Description: This report compares an approach based on a species-by-species assessment, vs. one based on pathways of entry. It also assesses the choice of an emphasis on prevention vs. post hoc control and intra-state quarantine. It describes existing federal laws and federal agency roles, federal interagency cooperation, and the federal interaction with state governments. Finally, it outlines effects, costs, and issues surrounding 47 selected harmful non-native species.
Date: November 25, 2002
Creator: Corn, M. L.; Buck, Eugene H.; Rawson, Jean; Segarra, Alex & Fischer, Eric
Partner: UNT Libraries Government Documents Department

Welfare Reauthorization: Overview of the Issues

Description: In February 2002, the Administration proposed its welfare reauthorization plan. The debate was dominated by controversy over the amount of child care funding and the Administration's proposed changes to Temporary Assistance for Needy Families (TANF) work participation standards. The final agreement reflects the same child care funding increase that was provided in House-passed welfare reauthorization measures in 2002 and 2003 ($1 billion in additional mandatory child care funding over five years). The 2005 Senate Finance Committee welfare reauthorization bill would have provided $6 billion in additional child care funding over five years. Though the final agreement would require states to increase the share of their families participating in TANF work activities, it does not include the Administration's proposal to set a 40-hour workweek standard or revise the activities that count toward the standard. The reauthorization debate also reflected a renewed focus on noncustodial parents and on family formation issues. The budget agreement includes responsible fatherhood initiatives and a scaled back version of the President's initiative to promote healthy marriages.
Date: June 8, 2005
Creator: Falk, Gene; Gish, Melinda & Solomon-Fears, Carmen
Partner: UNT Libraries Government Documents Department