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Congressional Responses to Selected Work Stoppages in Professional Sports [August 11, 2011]

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"Prior to the 2011 National Football League (NFL) lockout, developments in professional football's labor-management relations had prompted questions regarding how, when, and in what manner a new collective bargaining agreement (CBA) might be drafted. Interest in this matter included, on the part of some observers, questions about how Congress responded to previous work stoppages in professional sports. In attempting to address this particular question, this report examines congressional responses to the 1982 and 1987 work stoppages in the NFL. With the conclusion of the 2011 NFL lockout in July, this work stoppage is also included. Additionally, this report examines the 1994 Major League Baseball strike, which is useful considering the extent of congressional activity surrounding this strike. Compared to the 1994 baseball strike, the 1982 and 1987 football strikes and the 2011 lockout did not garner much attention from Congress in terms of legislative measures and hearings. Three legislative measures were introduced in response to the 1982 strike; one each was introduced in response to the 1987 strike and the 2011 lockout. Members introduced or offered 22 legislative measures and held five hearings that were related to the baseball strike. […] Disagreeing that congressional intervention was warranted, other Members offered several reasons why Congress ought not to intervene. For example, one Member suggested that repealing baseball's antitrust exemption would alter the balance of power in professional baseball. Other Members believed that more pressing matters deserved Congress's attention. At least one Member suggested that a particular bill, if enacted, would have the effect of favoring the players over the owners."

Library of Congress. Congressional Research Service

Halchin, L. Elaine; Murray, Justin; Shimabukuro, Jon O.

2011-08-11
Government Transparency and Secrecy: An Examination of Meaning and Its Use in the Executive Branch [November 8, 2012]

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"This report examines statutes, initiatives, and other items that seek to make information more available to the public as well as those that seek to protect certain information from release to the public. This report examines transparency and secrecy from the standpoint of how the public historically has and can currently access government information. It also explores the statutes and policies in place to ensure the protection of certain information from public release. The report then describes existing powers, authorities, and initiatives that promote transparency or protect federal records from public release. Finally, this report analyzes whether existing transparency initiatives are effective in reaching their stated goals."

Library of Congress. Congressional Research Service

Ginsberg, Wendy R.; Carey, Maeve P.; Halchin, L. Elaine

2012-11-08
Congressional Oversight [October 17, 2012]

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"Congressional oversight of policy implementation and administration has occurred throughout the history of the United States government under the Constitution. Oversight--the review, monitoring, and supervision of operations and activities--takes a variety of forms and utilizes various techniques. These range from specialized investigations by select committees to annual appropriations hearings, and from informal communications between Members or congressional staff and executive personnel to the use of extra-congressional mechanisms, such as offices of inspector general and study commissions. Oversight, moreover, is supported by a variety of authorities--the Constitution, public law, and chamber and committee rules--and is an integral part of the system of checks and balances between the legislative and executive branches. This report will be updated as events require."

Library of Congress. Congressional Research Service

Kaiser, Frederick M.; Halchin, L. Elaine

2012-10-17
Federal Acquisition Regulation (FAR): Answers to Frequently Asked Questions [November 16, 2012]

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"The federal government is the largest buyer of goods and services in the world, and executive branch agencies--particularly the Department of Defense--make most of these purchases. Many (although not all) acquisitions by executive branch agencies are subject to the Federal Acquisition Regulation (FAR), which can make the FAR a topic of interest to Members and committees of Congress and their staff. In particular, Members, committees, and staff may find themselves (1) considering or drafting legislation that would amend the FAR to save money, promote transparency, or further other public policies; (2) conducting oversight of executive agencies' performance in procuring goods and services; and (3) responding to questions from constituents regarding executive branch procurement activities. In addition, certain commentators have recently suggested that some or all FAR provisions should be withdrawn."

Library of Congress. Congressional Research Service

Manuel, Kate; Halchin, L. Elaine; Lunder, Erika

2012-11-16
Performance of Inherently Governmental and Critical Functions: The Obama Administration's Final Policy Letter [October 5, 2011]

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"On September 12, 2011, the Office of Federal Procurement Policy (OFPP) within the Office of Management and Budget (OMB) issued its final policy letter on Performance of Inherently Governmental and Critical Functions. The policy letter is to guide executive branch agencies in (1) identifying inherently governmental and critical functions; (2) ensuring that only federal employees perform inherently governmental functions or work that 'otherwise needs to be reserved to the public sector;' and (3) managing functions that are closely associated with inherently governmental functions and critical functions. The policy letter defines an 'inherently governmental function,' in accordance with the Federal Activities Inventory Reform (FAIR) Act (P.L. 105-270), as 'one that is so intimately related to the public interest as to require performance by Federal Government employees.' […] In support of this policy, the letter directs agencies to (1) ensure that work which should be performed by federal employees is properly reserved for government performance; (2) take steps to employ and train an adequate number of government personnel to administer contracts when work is contracted out; and (3) as part of strategic human capital planning, dedicate a sufficient amount of work to performance by federal employees in order to build competencies, provide for continuity of operations, and retain institutional knowledge of operations. The policy letter establishes two tests for identifying inherently governmental functions, the 'nature of the function' test and the 'exercise of discretion' test, as well as lists examples of inherently governmental functions. These include certain security functions, but not routine building security. The policy letter also directs that, when agencies review outsourced work for potential insourcing, they should place a lower priority on reviewing certain work performed by small businesses, as well as give small businesses preference when determining who performs work that will remain in the private sector after related functions are insourced."

Library of Congress. Congressional Research Service

Manuel, Kate; Halchin, L. Elaine; Lunder, Erika

2011-10-05
Congressional Responses to Selected Work Stoppages in Professional Sports [September 17, 2012]

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"Prior to the 2011 National Football League (NFL) lockout, developments in professional football's labor-management relations had prompted questions regarding how, when, and in what manner a new collective bargaining agreement (CBA) might be drafted. Interest in this matter included, on the part of some observers, questions about how Congress responded to previous work stoppages in professional sports. In attempting to address this particular question, this report examines congressional responses to the 1982 and 1987 work stoppages in the NFL. With the conclusion of the 2011 NFL lockout in July, this work stoppage is also included. Additionally, this report examines the 1994 Major League Baseball strike, which is useful considering the extent of congressional activity surrounding this strike."

Library of Congress. Congressional Research Service

Halchin, L. Elaine; Murray, Justin; Shimabukuro, Jon O.

2012-09-17
National Emergency Powers [Updated February 27, 2019]

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"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. [...] The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2019-02-27
Federal Acquisition Regulation (FAR): Answers to Frequently Asked Questions [February 3, 2015]

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"The FAR is a regulation, codified in Parts 1 through 53 of Title 48 of the 'Code of Federal Regulations,' which generally governs acquisitions of goods and services by executive branch agencies. It addresses various aspects of the acquisition process, from acquisition planning to contract formation, to contract management. Depending upon the topic, the FAR may provide contracting officers with (1) the government's basic policy (e.g., small businesses are to be given the 'maximum practicable opportunity' to participate in acquisitions); (2) any requirements agencies must meet (e.g., obtain full and open competition through the use of competitive procedures); (3) any exceptions to the requirements (e.g., when and how agencies may waive a contractor's exclusion); and (4) any required or optional clauses to be included, or incorporated by reference, in the solicitation or contract (e.g., termination for convenience). The FAR also articulates the guiding principles for the federal acquisition system, which include satisfying the customer in terms of cost, quality, and timeliness of the delivered goods and services; minimizing operating costs; conducting business with integrity, fairness, and openness; and fulfilling public policy objectives. In addition, the FAR identifies members and roles of the 'acquisition team.'"

Library of Congress. Congressional Research Service

Manuel, Kate; Halchin, L. Elaine; Lunder, Erika . . .

2015-02-03
Unique Identification Codes for Federal Contractors: DUNS Numbers and CAGE Codes [May 5, 2016]

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"An essential element of the federal government's acquisition system is the capability to identify the businesses, and other types of entities, that do work for the government. Accurate identification of potential contractors and incumbent contractors facilitates a host of procurement processes while contributing to the transparency of federal government procurement. The federal government uses a proprietary system, Dun & Bradstreet's (D&B's) Data Universal Numbering System (DUNS), to uniquely identify the entities with which it does business. At no cost to the applicant, D&B assigns a DUNS number-a nine-digit unique identification code-to prospective government contractors. (Businesses that are not would-be government contractors also may apply for a DUNS number.) The federal government's use of DUNS, however, is not limited to the identification numbers. D&B provides, pursuant to its contract with the General Services of Administration (GSA), 7 types of software products and 14 data products that enable the government to use DUNS for a variety of acquisition-related functions, such as paying contractors. Furthermore, approximately 80 data systems within the federal government contain DUNS information. Congress may have concerns regarding the continued use of DUNS numbers and has expressed interest in exploring other options. At the request of a Senate subcommittee, the Government Accountability Office (GAO) examined the costs and data restrictions involved with using a proprietary identification system and studied alternatives for identification numbers for government contractors. The implementation of the Digital Accountability and Transparency Act (DATA Act; P.L. 113-101) is accompanied by similar, significant interest within Congress-and within the agencies charged with implementing the act-for exploring options for a nonproprietary contractor identification system."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2016-05-05
Government Transparency: An Examination of Meaning and Its Use in the Executive Branch [November 14, 2012]

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"The Obama Administration has undertaken its own transparency initiative, known as the Open Government Initiative, to make executive branch agencies more transparent, publicly accessible, and collaborative than they have historically been. Watchdog organizations have offered mixed reviews of the initiative's ability to promote and institute government transparency. Transparency may be defined as the disclosure of government information and its use by the public. Transparency, under this definition, requires a public that can access, understand, and use the information it receives from the federal government. This report first assesses the meaning of transparency and discusses its scholarly and practical definitions. It also provides an analysis of the concept of transparency, with a focus on federal government transparency in the executive branch. This report subsequently examines the statutes, initiatives, requirements, and other actions that make information more available to the public or protect it from public release. It also examines transparency and secrecy from the standpoint of how the public accesses government information, and whether the release of government data and information may make operation of the federal government more or, counter-intuitively, less transparent. Finally, this report analyzes whether existing transparency initiatives are effective in reaching their stated goals."

Library of Congress. Congressional Research Service

Ginsberg, Wendy R.; Carey, Maeve P.; Halchin, L. Elaine . . .

2012-11-14
Congressional Oversight of Intelligence: Current Structure and Alternatives [May 14, 2012]

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"Interest in congressional oversight of intelligence has risen again in recent Congresses, in part because of disputes over reporting to Congress by intelligence community (IC) components on sensitive matters, including developments generated by the wars in Iraq and Afghanistan. The changes in the oversight structure adopted or proposed in recent Congresses, however, also reflect earlier concerns, such as increasing independent auditing authority for the Government Accountability Office (GAO) over the intelligence community, adding offices of inspectors general (OIGs), clarifying reporting requirements to Congress, and restructuring Congress's oversight mechanisms. Along these lines, the House Democratic majority had pledged in the 110th Congress to enact the remaining recommendations from the U.S. National Commission on Terrorist Attacks Upon the United States, commonly known as the 9/11 Commission. The Commission's unanimous 2004 report set the stage for a reconsideration of congressional oversight, concluding that it was 'dysfunctional.' The commission proposed two distinct solutions: (1) creation of a joint committee on intelligence, modeled after the defunct Joint Committee on Atomic Energy, with authority to report legislation to each chamber; or (2) enhanced status and power for the existing select committees on intelligence, by making them standing committees and granting each one both authorization and appropriations power. Neither of these occurred, although Congress has made a number of changes in its structure, organization, and authority to oversee this area. Despite these changes, several reports released during the 112th Congress by outside groups--the Bipartisan Policy Center's National Security Preparedness Group, Commission on Weapons of Mass Destruction, and Council on Foreign Relations--still concluded that oversight of intelligence remained 'dysfunctional' and 'counterproductive.' [...] This report, to be updated as events dictate, describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field."

Library of Congress. Congressional Research Service

Halchin, L. Elaine; Kaiser, Frederick M.

2012-05-14
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [Updated November 25, 2008]

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"The smooth and orderly transfer of power can be a notable feature of presidential transitions, and a testament to the legitimacy and durability of the electoral and democratic processes. Yet, at the same time, a variety of events, decisions, and activities contribute to what some may characterize as the unfolding drama of a presidential transition. Interparty transitions in particular might be contentious. Using the various powers available, a sitting President might use the transition period to attempt to secure his legacy or effect policy changes. Some observers have suggested that, if the incumbent has lost the election, he might try to enact policies in the waning months of his presidency that would 'tie his successor's hands.' On the other hand, a President-elect, eager to establish his policy agenda and populate his Administration with his appointees, will be involved in a host of decisions and activities, some of which might modify or overturn the previous Administration's actions or decisions. [...] In light of the terrorist attacks of September 11, 2001, national security is an overarching issue for presidential transitions, and national security concerns may be heightened during the transfer of power from the sitting President to his successor. Depending upon the particular activity or function, the extent and type of Congress's involvement in presidential transitions may vary. As an example of direct involvement, the Senate confirms the President's appointees to certain positions. On the other hand, Congress is not involved in the issuance of executive orders, but it may exercise oversight, or take some other action regarding the Administration's activities."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2008-11-25
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [October 23, 2008]

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"In light of the terrorist attacks of September 11, 2001, national security is an overarching issue for presidential transitions, and national security concerns may be heightened during the transfer of power from the sitting President to his successor. Depending upon the particular activity or function, the extent and type of Congress's involvement in presidential transitions may vary. As an example of direct involvement, the Senate confirms the President's appointees to certain positions. On the other hand, Congress is not involved in the issuance of executive orders, but it may exercise oversight, or take some other action regarding the Administration's activities."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2008-10-23
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [November 16, 2016]

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"The crux of a presidential transition is the transfer of executive power from the incumbent to the President-elect. Yet the transition process encompasses a host of activities, beginning with pre-election planning and continuing through inauguration day. The process ensures that the federal government provides resources to presidential candidates' transition teams, and, eventually, the President-elect's team; and includes close coordination between the outgoing and incoming Administrations. The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to facilitate presidential transitions and authorizes the Administrator of General Services to provide facilities and services to eligible presidential candidates and the President-elect. A presidential transition facilitates the establishment of a new Administration and prepares it to govern. Additionally, as noted by the Senate Committee on Homeland Security and Governmental Affairs in a report on S. 1172 (114th Congress, Presidential Transitions Improvements Act of 2015), planning for a presidential transition helps to ensure the nation's security."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2016-11-16
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [March 13, 2017]

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"The crux of a presidential transition is the transfer of executive power from the incumbent to the President-elect. Yet the transition process encompasses a host of activities, beginning with pre-election planning and continuing through inauguration day. The process ensures that the federal government provides resources to presidential candidates' transition teams, and, eventually, the President-elect's team; and includes close coordination between the outgoing and incoming Administrations. The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to facilitate presidential transitions and authorizes the Administrator of General Services to provide facilities and services to eligible presidential candidates and the President-elect. A presidential transition facilitates the establishment of a new Administration and prepares it to govern. Additionally, as noted by the Senate Committee on Homeland Security and Governmental Affairs in a report on S. 1172 (114th Congress, Presidential Transitions Improvements Act of 2015), planning for a presidential transition helps to ensure the nation's security."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2017-03-13
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [May 17, 2017]

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"The President's authority to exercise power begins immediately upon being sworn into office and continues until he is no longer the officeholder. By the same token, while congressional oversight of the executive branch is continuous, some activities may take on special significance at the end or beginning of an Administration. The disposition of government records (including presidential records and vice presidential records), protections against 'burrowing in' (which involves the conversion of political appointees to career status in the civil service), the granting of pardons, and the issuance of 'midnight rules' are four activities associated largely with the outgoing President's Administration. The incumbent President may also submit a budget to Congress, or he may defer to his successor on this matter. Continuing this transition process, the first actions of a new President generally focus on establishing the priorities and leadership of the Administration. These can include executive orders, appointments to positions that require Senate confirmation as well as those that do not, and efforts to influence the pace and substance of agency rulemaking. Depending upon the particular activity or function, the extent and type of Congress's involvement in presidential transitions may vary. As an example of direct involvement, the Senate confirms the President's appointees to certain positions. On the other hand, Congress is not involved in the issuance of executive orders, but it may exercise oversight, or take some other action regarding the Administration's activities."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2017-05-17
Unique Identification Codes for Federal Contractors: DUNS Numbers and CAGE Codes [May 31, 2017]

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" The federal government uses a proprietary system, Dun & Bradstreet's (D&B's) Data Universal Numbering System (DUNS), to uniquely identify the entities with which it does business. At no cost to the applicant, D&B assigns a DUNS number-a nine-digit unique identification code-to prospective government contractors. (Businesses that are not would-be government contractors also may apply for a DUNS number.) The federal government's use of DUNS, however, is not limited to the identification numbers. D&B provides, pursuant to its contract with the General Services of Administration (GSA), 7 types of software products and 14 data products that enable the government to use DUNS for a variety of acquisition-related functions, such as paying contractors. Furthermore, approximately 80 data systems within the federal government contain DUNS information."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2017-05-31
Unique Identification Codes for Federal Contractors: DUNS Numbers and CAGE Codes [November 21, 2016]

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"An essential element of the federal government's acquisition system is the capability to identify the businesses, and other types of entities, that do work for the government. Accurate identification of potential contractors and incumbent contractors facilitates a host of procurement processes while contributing to the transparency of federal government procurement. The federal government uses a proprietary system, Dun & Bradstreet's (D&B's) Data Universal Numbering System (DUNS), to uniquely identify the entities with which it does business. At no cost to the applicant, D&B assigns a DUNS number-a nine-digit unique identification code-to prospective government contractors. [...] Congress may have concerns regarding the continued use of DUNS numbers and has expressed interest in exploring other options. At the request of a Senate subcommittee, the Government Accountability Office (GAO) examined the costs and data restrictions involved with using a proprietary identification system and studied alternatives for identification numbers for government contractors."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2016-11-21
Transforming Government Acquisition Systems: Overview and Selected Issues [June 20, 2013]

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"Increasingly, the federal government uses technology to facilitate and support the federal acquisition process. Primary beneficiaries of this shift to online systems (websites and databases) are the government's acquisition workforce and prospective and incumbent government contractors. The suite of web-based systems supports contracting officers' efforts to ensure the government contracts only with responsible parties, is essential to the dissemination of information regarding contracting opportunities, and facilitates interagency contracting. From the contractor perspective, the government's online systems streamline the processes involved in fulfilling various administrative requirements, provide access to possible contracting opportunities, and are potential resources for market research. Congressional interest in the government's online procurement systems, and, relatedly, the federal acquisition process, flows from the institution's responsibilities involving government spending and oversight of executive branch operations. Congress monitors how well the federal acquisition process works, which includes several web-based systems, and also uses data and information available from some of the systems as resources for its oversight activities."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2013-06-20
Congressional Oversight Manual [December 19, 2014]

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"The Congressional Research Service (CRS) developed the 'Congressional Oversight Manual' over 30 years ago, following a three-day December 1978 Workshop on Congressional Oversight and Investigations. The workshop was organized by a group of House and Senate committee aides from both parties and CRS at the request of the bipartisan House leadership. The 'Manual' was produced by CRS with the assistance of a number of House committee staffers. In subsequent years, CRS has sponsored and conducted various oversight seminars for House and Senate staff and updated the 'Manual' as circumstances warranted. […] Over the years, CRS has assisted many Members, committees, party leaders, and staff aides in the performance of the oversight function: the review, monitoring, and supervision of the implementation of public policy. Understandably, given the size, reach, cost, and continuing growth of the modern executive establishment, Congress's oversight role is even more significant--and more demanding--than when Woodrow Wilson wrote in his classic 'Congressional Government' (1885): 'Quite as important as lawmaking is vigilant oversight of administration.' Today's lawmakers and congressional aides, as well as commentators and scholars, recognize that Congress's work, ideally, should not end when it passes legislation. Oversight is an integral way to make sure that the laws work and are being administered in an effective, efficient, and economical manner. In light of this destination, oversight can be viewed as one of Congress's principal responsibilities as it grapples with the complexities of the 21st century."

Library of Congress. Congressional Research Service

Dolan, Alissa M.; Halchin, L. Elaine; Garvey, Todd . . .

2014-12-19
Intelligence Community and Its Use of Contractors: Congressional Oversight Issues [August 18, 2015]

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"Contractors have been and are an integral part of the intelligence community's (IC's) total workforce (which also includes federal employees and military personnel). Yet questions have been raised regarding how they are used, and the size and cost of the contractor component. Of particular interest are core contract personnel, who provide direct technical, managerial, and administrative support to agency staff. Examples of these types of support are collection and operations, analysis and production, and enterprise information and technology. The use of core contract personnel enables the IC to meet its needs, which may involve obtaining unique expertise or surge support for a particular mission, or augmenting insufficient in-house resources."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2015-08-18
Hurricane Katrina Recovery: Contracting Opportunities [September 26, 2005]

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"Companies unfamiliar with the federal procurement process may find useful information at several government websites, including those of the General Services Administration (GSA) and the Small Business Administration (SBA). Usually, agency solicitations for goods and services valued at amounts over $25,000 may be found on the governments Federal Business Opportunities (FedBizOpps) website. While the U.S. Army Corps of Engineers (USACE) posted several hurricane recovery related solicitations on FedBizOpps following Hurricane Katrina, some agencies may be posting solicitations, and offering other types of access to contracting opportunities, on their individual websites. Monitoring several federal government websites, instead of just FedBizOpps, may be an effective way to track contracting opportunities related to Hurricane Katrina recovery and reconstruction efforts. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and as codified in 42 U.S.C. 5150, preference is to be given, in the expenditure of federal funds for major disaster or emergency assistance activities, to private organizations, companies, and individuals residing or doing business primarily in the affected area. However, this provision does not guarantee that these groups and individuals will be awarded any contracts."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2005-09-26
Hurricane Katrina Recovery: Contracts Awarded by the Federal Government [November 4, 2005]

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"Information about contracts and other types of government procurements made in support of hurricane recovery efforts may be obtained online from the Federal Procurement Data System (FPDS), the Department of Homeland Security, the U.S. Army Corps of Engineers, and the U.S. Navy's Military Sealift Command websites. The government-wide database, FPDS, provides the most comprehensive and detailed information, but the other three websites include contracts not currently listed in FPDS. Available information about government procurements includes, among other things, the type of award (for example, a contract or a delivery order), the type of contract, and the extent of competition."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2005-11-04
Presidential Travel: Policy and Costs [May 17, 2012]

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"For security and other reasons, the President, Vice President, and First Lady use military aircraft when they travel. The White House generally categorizes the trips as fulfilling either official or political functions. Often, a trip involves both official and political, or unofficial, activities. When a trip is for an official function, the government pays all costs, including per diem (food and lodging), car rentals, and other incidental expenses. When a trip is for political or unofficial purposes, those involved must pay for their own food and lodging and other related expenses, and they must also reimburse the government with the equivalent of the airfare that they would have paid had they used a commercial airline. When a trip involves both official and political activities, a formula determines the amount to be reimbursed for that part of the trip involving political activities. Whether a trip is for official or political purposes, the Air Force pays all operational and other costs incurred by the use of the aircraft. While the travel policies of specific Administrations concerning the reimbursement of expenses for unofficial travel generally are not publicly available, it appears that policy guidelines developed by the Reagan White House have served as a basis for the travel policies of subsequent Administrations. This report will be updated as new information becomes available."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2012-05-17
Overview of the Federal Procurement Process and Resources [November 20, 2006]

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"In the basic federal procurement process, acquisition personnel, after determining their agency's requirements (that is, the goods and services the agency needs), post a solicitation on the Federal Business Opportunities (FedBizOpps) website. Interested companies prepare their offers in response to the solicitation, and, in accordance with applicable provisions of the 'Federal Acquisition Regulation' (FAR), agency personnel evaluate the offers. Another type of procurement opportunity for a company is to serve as a subcontractor for a government contractor. To be eligible to compete for government contracts, a company must obtain a Data Universal Numbering System (DUNS) number, register with the Central Contractor Registry (CCR), and complete an Online Representations and Certifications Application (ORCA). Several agencies, such as the General Services Administration (GSA), provide assistance and services to existing and potential government contractors. Research and development (R&D) procurement opportunities may involve traditional contracting methods, such as solicitations and contracts, as well as nontraditional methods, which include agency-sponsored contests and venture capital funds."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2006-11-20
Federal Emergency Management Policy Changes After Hurricane Katrina: A Summary of Statutory Provisions [November 15, 2006]

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"Reports issued by committees of the 109th Congress, the White House, federal offices of Inspector General, and the Government Accountability Office (GAO), among others, concluded that the losses caused by Hurricane Katrina and other disasters were due, in part, to deficiencies such as questionable leadership decisions and capabilities, organizational failures, overwhelmed preparation and communication systems, and inadequate statutory authorities. From these conclusions the 109th Congress revised federal emergency management policies vested in the President; reorganized the Federal Emergency Management Agency (FEMA); and enhanced and clarified the mission, functions, and authorities of the agency, as well as those of its parent, the Department of Homeland Security (DHS). Six statutes enacted by the 109th Congress are notable in that they contain changes that apply to future federal emergency management actions. Most of these statutes contain relatively few changes to federal authorities related to emergencies and disasters. The Post-Katrina Act, however, contains many changes that will have long-term consequences for FEMA and other federal entities. That statute reorganizes FEMA, expands its statutory authority, and imposes new conditions and requirements on the operations of the agency. In addition to the public laws noted above, Congress enacted supplemental appropriations, one-time waivers of requirements, and temporary extensions solely associated with Hurricanes Katrina, Rita, and Wilma. This report does not address such measures as they do not carry long-term implications for federal emergency management."

Library of Congress. Congressional Research Service

Bea, Keith; Hogue, Henry B.; Halchin, L. Elaine

2006-11-15
Federal Emergency Management Policy Changes After Hurricane Katrina: A Summary of Statutory Provisions [December 15, 2006]

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"Reports issued by committees of the 109th Congress, the White House, federal offices of Inspector General, and the Government Accountability Office (GAO), among others, concluded that the losses caused by Hurricane Katrina and other disasters were due, in part, to deficiencies such as questionable leadership decisions and capabilities, organizational failures, overwhelmed preparation and communication systems, and inadequate statutory authorities. From these conclusions the 109th Congress revised federal emergency management policies vested in the President; reorganized the Federal Emergency Management Agency (FEMA); and enhanced and clarified the mission, functions, and authorities of the agency, as well as those of its parent, the Department of Homeland Security (DHS)."

Library of Congress. Congressional Research Service

Bea, Keith; Hogue, Henry B.; Halchin, L. Elaine

2006-12-15
Other Transaction (OT) Authority [July 15, 2011]

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"An other transaction (OT) is a special vehicle used by federal agencies for obtaining or advancing research and development (R&D) or prototypes. An OT is not a contract, grant, or cooperative agreement, and there is no statutory or regulatory definition of 'other transaction.' Only those agencies that have been provided OT authority may engage in other transactions. OT authority originated with the National Aeronautics and Space Administration (NASA) when the National Aeronautics and Space Act of 1958 was enacted. Subsequently, seven other specific agencies have been given OT authority: the Department of Defense (DOD), Federal Aviation Administration (FAA), Department of Transportation (DOT), Department of Homeland Security (DHS), Transportation Security Administration, Department of Health and Human Services, and Department of Energy. Other federal agencies may use OT authority under certain circumstances and if authorized by the Director of the Office of Management and Budget (OMB). Generally, the reason for creating OT authority is that the government needs to obtain leadingedge R&D (and prototypes) from commercial sources, but some companies (and other entities) are unwilling or unable to comply with the government's procurement regulations. The government's procurement regulations and certain procurement statutes do not apply to OTs, and, accordingly, other transaction authority gives agencies the flexibility necessary to develop agreements tailored to a particular transaction. […] Evidence of congressional interest in the use of other transaction authority includes the expansion of OT authority over the years (as noted above), and a 2008 congressional hearing on the Department of Homeland Security's use of OT authority. This report will be updated as events warrant."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2011-07-15
National Emergency Powers [Updated August 5, 2019]

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From the Summary: "The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable."

Library of Congress. Congressional Research Service

Halchin, L. Elaine

2019-08-05
Congressional Oversight of Intelligence: Current Structure and Alternatives [March 14, 2012]

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"Interest in congressional oversight of intelligence has risen again in recent Congresses, in part because of disputes over reporting to Congress by intelligence community (IC) components on sensitive matters, including developments generated by the wars in Iraq and Afghanistan. The changes in the oversight structure adopted or proposed in recent Congresses, however, also reflect earlier concerns, such as increasing independent auditing authority for the Government Accountability Office (GAO) over the intelligence community, adding offices of inspectors general (OIGs), clarifying reporting requirements to Congress, and restructuring Congress's oversight mechanisms. Along these lines, the House Democratic majority had pledged in the 110th Congress to enact the remaining recommendations from the U.S. National Commission on Terrorist Attacks Upon the United States, commonly known as the 9/11 Commission. The Commission's unanimous 2004 report set the stage for a reconsideration of congressional oversight, concluding that it was 'dysfunctional.' The commission proposed two distinct solutions: (1) creation of a joint committee on intelligence, modeled after the defunct Joint Committee on Atomic Energy, with authority to report legislation to each chamber; or (2) enhanced status and power for the existing select committees on intelligence, by making them standing committees and granting each one both authorization and appropriations power. […] Although Congress adopted neither of these 9/11 Commission proposals, the legislature has pursued other options to its intelligence oversight structure and capabilities. The House and Senate, for instance, have each altered the relationships between the intelligence committee and the appropriations committee. […] This report, to be updated as events dictate, describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field."

Library of Congress. Congressional Research Service

Kaiser, Frederick M.; Halchin, L. Elaine

2012-03-14

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