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Federal Acquisition Regulation (FAR): Answers to Frequently Asked Questions [February 3, 2015]
"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
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Unique Identification Codes for Federal Contractors: DUNS Numbers and CAGE Codes [May 5, 2016]
"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
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Unique Identification Codes for Federal Contractors: DUNS Numbers and CAGE Codes [November 21, 2016]
"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
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National Emergency Powers [Updated February 27, 2019]
"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
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National Emergency Powers [Updated August 5, 2019]
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
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Presidential Transitions: An Overview [November 24, 2020]
From the Introduction: "At its heart, a presidential transition is the transfer of executive power from the incumbent President to his successor. A single step--taking the oath of the office of President--accomplishes this transfer. Yet the transition process is more complex, beginning with pre-election planning and continuing through Inauguration Day on January 20. It involves key personnel from the outgoing and incoming Presidents' staffs; requires resources; and includes many activities, such as vetting candidates for positions in the new Administration, helping to familiarize the incoming Administration with the operations of the executive branch, and developing a comprehensive policy platform. The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to facilitate presidential transitions and authorized the Administrator of General Services to provide facilities and services to eligible presidential candidates and the President-elect."
Library of Congress. Congressional Research Service
Halchin, L. Elaine
2020-11-24
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COVID-19 and Domestic PPE Production and Distribution: Issues and Policy Options [December 7, 2020]
From the Summary: "The novel Coronavirus Disease 2019 (COVID-19) and its rapid emergence as a pandemic have highlighted issues relating to the production and distribution of personal protective equipment (PPE). PPE refers to worn articles or equipment that help minimize exposure to various hazards, including infectious pathogens. Given the role that PPE plays in mitigating the spread and reducing the impacts of COVID-19, PPE demand has spiked both globally and domestically while supply has been undercut by both rapid consumption as well as supply chain disruptions. According to multiple federal agencies, including the Government Accountability Office, the Food and Drug Administration, and various independent organizations, PPE continues to be in short supply, which has led to broad congressional and public interest in PPE production and distribution issues. The availability of effective PPE is critical to the ongoing pandemic response, but also has broader public health, emergency preparedness, and national security implications. This report considers aspects of domestic production and distribution of PPE in the context of the COVID-19 pandemic. Specifically, the report considers (1) the availability of PPE supplies, including an assessment of PPE demand related to the COVID-19 pandemic; (2) federal actions and activities undertaken to increase PPE supplies in response to the pandemic, organized by executive agency and program; and (3) other policy options under consideration concerning PPE production and distribution, also organized by executive agency and program."
Library of Congress. Congressional Research Service
Cecire, Michael H.; Bodie, Agata; Gottron, Frank . . .
2020-12-07
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Congressional Oversight of Intelligence: Current Structure and Alternatives [March 14, 2012]
"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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Congressional Oversight of Intelligence: Current Structure and Alternatives [March 26, 2012]
"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.'"
Library of Congress. Congressional Research Service
Halchin, L. Elaine; Kaiser, Frederick M.
2012-03-26
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2014 Sochi Winter Olympics: Security and Human Rights Issues [January 26, 2014]
"Since the 2007 selection of Sochi as the site of Olympic Games, many observers, including some in Congress, have raised concerns about security and human rights conditions in Sochi and elsewhere in Russia. Sochi is in Russia's North Caucasus area, which has experienced ongoing terrorist incidents, including several bombings in recent weeks. Through hearings, legislation, oversight, and other action, some Members of Congress have expressed concerns over Russia's hosting of the Sochi Olympic Games and Paralympics, particularly the risks that terrorism and human rights violations might pose to U.S. athletes and visitors. Other broader congressional concerns have included whether the United States should participate in the Games in the face of increasing tensions in U.S.-Russia relations and the Russian government's growing restrictions on the civil and human rights of its citizens. Some Members of Congress have called for boycotting the Games. Others have cautioned that U.S. citizens should carefully weigh the security risks of attending, and have urged greater U.S.-Russia counter-terrorism cooperation to ameliorate threats to the Games. In the period during and after the Games, Congress may continue to exercise oversight and otherwise raise concerns about the safety and human rights treatment of U.S. athletes and visitors and the impact of the Games and other developments in Russia on the future of U.S.-Russia relations. On January 24, 2014, a senior Administration official stressed that the full resources of the U.S. government were being readied to support U.S. athletes, the official delegations, and other citizens attending the Games."
Library of Congress. Congressional Research Service
Nichol, James P.; Halchin, L. Elaine; Rollins, John . . .
2014-01-26
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Intelligence Community and Its Use of Contractors: Congressional Oversight Issues [August 18, 2015]
"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
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2016 Olympic Games: Health, Security, Environmental, and Doping Issues [August 8, 2016]
"The 2016 Olympic Games will be held in Rio de Janeiro, Brazil, August 5-21, 2016, and will be followed by the Paralympic Games, September 7-18, 2016. Notably, these are the first games to be hosted by a South American city. Reportedly, 10,500 athletes from 206 countries will participate in the Olympics, including 555 athletes from the United States. Most Olympic events will take place in and around Rio de Janeiro. In addition to Rio de Janeiro, soccer matches will be held in the cities of Belo Horizonte, Brasília, Manaus, São Paulo, and Salvador. Host countries and cities often have to deal with a variety of questions or issues, which is also true for Brazil and Rio de Janeiro. The list of issues or potential problems that might have implications for athletes, team personnel, and spectators participating in or attending the 2016 Rio Games includes the Zika virus, public safety threats, security concerns, and environmental conditions. It also bears noting that the act of hosting the Olympics may have implications for Brazil. Finally, doping is of particular concern this year because of revelations regarding a state-orchestrated doping scheme perpetrated by Russian authorities and sports organizations."
Library of Congress. Congressional Research Service
Halchin, L. Elaine; Rollins, John
2016-08-08
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2016 Olympic Games: Health, Security, Environmental, and Doping Issues [July 28, 2016]
From the document overview: "Over the years, host countries and cities have had to deal with a variety of concerns, problems, or criticisms, and Rio de Janeiro is no exception. Separately or collectively, a variety of issues might pose risks to the health, safety, and general well-being of athletes and their families, team personnel, and spectators participating in or attending the 2016 Games. Chief among these are the Zika virus, public safety threats, security concerns, and environmental conditions. This report also discusses the possible implications of hosting the Olympics for Brazil and the issue of doping."
Library of Congress. Congressional Research Service
Halchin, L. Elaine; Rollins, John
2016-07-28
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2016 Rio Game: Anti-Doping Testing [August 3, 2016]
"Responsibility for the anti-doping testing program during the 2016 Summer Olympics rests with the International Olympic Committee (IOC). The testing period began July 24, 2016, when the Olympic village opened, and continues through August 21, 2016, the date of the closing ceremony. […] A positive test means the 'presence of a prohibited substance or its metabolites or markers [has been found] in an athlete's sample.' This type of ADRV is an adverse analytical finding. A non-analytical ADRV may involve an athlete, or an athlete support person, who has committed another type of World Anti-Doping Code rule violation. Athlete support personnel include coaches, trainers, managers, agents, team staff, officials, medical personnel, paramedical personnel, parents and any other persons 'working with, treating or assisting an athlete participating in or preparing for sports competition.' Non-analytical ADRVs include tampering, or attempting to tamper, with doping control; possessing a prohibited substance or a prohibited method; and trafficking, or attempting to traffic, in prohibited substances or prohibited methods."
Library of Congress. Congressional Research Service
Halchin, L. Elaine
2016-08-03
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Presidential Transitions: Issues Involving Outgoing and Incoming Administrations
This report pertains to the transition process involved in acclimating a new presidential administration to its responsibilities in the executive branch. The transfer of these responsibilities may often involve Congress depending on the circumstance (i.e. the Senate's jurisdiction in approving certain appointed positions). Additionally, this report summarizes the "formal mechanisms" in place that facilitate a smooth transition from one presidential administration to the next.
Library of Congress. Congressional Research Service
Halchin, L. Elaine
2016-09-29
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Transforming Government Acquisition Systems: Overview and Selected Issues [June 20, 2013]
"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
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Congressional Oversight Manual [December 19, 2014]
"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
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Presidential Declarations of Emergency for COVID-19: NEA and Stafford Act [March 19, 2020]
From the Document: "This Insight provides an overview of the presidential declarations of emergency made under the National Emergencies Act (NEA; 50 U.S.C. §§1601 et seq.) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.) in response to the novel coronavirus 2019 (COVID-19). Table 1 describes select differences between these types of declarations and their authorities. This Insight does not discuss other actions mentioned by the President, or federal agencies (other than the Department of Health and Human Services (HHS)) that have been, or may be, tasked to respond."
Library of Congress. Congressional Research Service
Halchin, L. Elaine; Webster, Elizabeth M.
2020-03-19
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National Emergency Powers [Updated April 8, 2021]
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. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. 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
2021-04-08
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Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [November 16, 2016]
"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
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Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [Updated November 25, 2008]
"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
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Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [October 23, 2008]
"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
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Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [March 13, 2017]
"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
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Presidential Transitions: Issues Involving Outgoing and Incoming Administrations [May 17, 2017]
"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
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E.O. 14005: Bolstering Federal Government Purchase of American Products and Services [February 2, 2021]
From the Document: "On January 25, 2021, President Joe Biden issued Executive Order (E.O.) 14005 to advance the policy that the U.S. government should 'use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced, and services offered in, the United States.' Although the E.O. has broad applicability, this Insight focuses exclusively on the Buy American Act (BAA) as applied to federal procurement and discusses selected provisions of the E.O. As may occur during a presidential transition, E.O. 14005 revoked two executive orders and superseded a third that also promoted Buy American policies and were issued by President Biden's immediate predecessor."
Library of Congress. Congressional Research Service
Halchin, L. Elaine
2021-02-02
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Beijing 2022 Olympic and Paralympic Winter Games: Issues for Congress [January 24, 2022]
From the Summary: "The capital of the People's Republic of China (PRC or China), Beijing, is scheduled to host the XXIV Olympic Winter Games from February 4 to 20, 2022, and the XIII Paralympic Winter Games from March 4 to 13, 2022. The International Olympic Committee's (IOC's) selection of Beijing as host city for the Games has been controversial in the United States and elsewhere, primarily because of China's poor human rights record. The Coronavirus Disease 2019 (COVID-19) pandemic has, moreover, posed major challenges for the Games' organizers. China has sought to maintain a 'zero-COVID' approach to the pandemic, seeking to contain and stamp out even the smallest outbreaks. To guard against Games participants spreading the virus that causes COVID-19, the organizers say they will operate 'closed-loop systems,' created 'to ensure there is no contact with the general public or anyone outside of the closed loop.' Games participants are to enter a loop on dedicated Games transportation carrying them either from the airport, or, if not fully vaccinated on arrival, from the dedicated facility where they will have spent their first 21 days in China in quarantine. The discovery of a domestic case of the highly transmissible Omicron variant of the virus in Beijing three weeks before the opening of the Games has further complicated the challenge of epidemic control and led organizers to halt spectator ticket sales."
Library of Congress. Congressional Research Service
Lawrence, Susan V.; Halchin, L. Elaine; Barrios, Ricardo . . .
2022-01-24
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Federal Emergency Declarations: 'A Comparison' [November 23, 2021][infographic]
From the Document: "This infographic compares federal emergency declarations authorized under three statutes: the National Emergencies Act, the Public Health Service Act, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act). One or more of these declarations may be issued concurrently for the same incident, potentially activating additional authorities."
Library of Congress. Congressional Research Service
Lee, Erica A.; Halchin, L. Elaine; Sheikh, Hassan Z.
2021-11-23
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Executive Order 14042 Requirements for COVID-19 Vaccination of Federal Contractors [November 19, 2021]
From the Document: "On September 9, 2021, President Joseph R. Biden, Jr., issued Executive Order (E.O.) 14042 [hyperlink] requiring parties contracting with the federal government to provide adequate COVID-19 [coronavirus disease 2019] safeguards for their workers. Federal contracts and contract-like instruments (jointly 'contracts') must now include a clause compelling most contractors and subcontractors (at any level) to comply with prescribed COVID-19 workplace safety requirements for the duration of contracted work. Such requirements include a mandate for certain federal contractor employees to be vaccinated against COVID-19 by January 18, 2022 [hyperlink], allowing for exceptions only as required by law. This requirement is distinguishable from similar efforts, such as the proposed Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) COVID-19 vaccination rule [hyperlink] that would apply to employers with 100 or more employees. [...] The requirements of E.O. 14042 apply to any 'workplace locations ... in which an individual is working on or in connection with a Federal Government contract.' E.O. 14042 applies to new contracts and solicitations; extensions or renewals of existing contracts; and exercises of option periods for existing contracts, where the contract is entered into, extended, or renewed on or after October 15, 2021--or a contract option period is exercised on or after October 15, 2021."
Library of Congress. Congressional Research Service
Peters, Heidi M.; Halchin, L. Elaine
2021-11-19
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National Emergency Powers [Updated November 19, 2021]
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. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act [...] 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; Relyea, Harold
2021-11-19
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Executive Order 14042 Requirements for COVID-19 Vaccination of Federal Contractors [Updated December 13, 2021]
From the Document: "On September 9, 2021, President Joseph R. Biden, Jr., issued Executive Order (E.O.) 14042 [hyperlink] requiring parties contracting with the federal government to provide adequate COVID-19 [coronavirus disease 2019] safeguards for their workers. Federal contracts and contract-like instruments (jointly 'contracts') must now include a clause compelling most contractors and subcontractors (at any level) to comply with prescribed COVID-19 workplace safety requirements for the duration of contracted work. Such requirements include a mandate for certain federal contractor employees to be vaccinated against COVID-19 by January 18, 2022 [hyperlink], allowing for exceptions only as required by law. This requirement is distinguishable from similar efforts, such as the proposed Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) COVID-19 vaccination rule [hyperlink] that would apply to employers with 100 or more employees--see also CRS Legal Sidebar LSB10662, 'Federal COVID-19 Vaccination Mandates and Related Litigation: An Overview', by Wen W. Shen, for a summary of these efforts. Legal challenges have paused enforcement of the mandate while litigation is ongoing."
Library of Congress. Congressional Research Service
Peters, Heidi M.; Halchin, L. Elaine
2021-12-13
