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Summary: Government Operations in the Event of a Lapse in Appropriations A government agency may employ personal services in advance of appropriations only when there is a reasonable and articulable connection between the function to be performed and the safety of human life or the protection of property, and when there is some reasonable likelihood that either or both would be compromised in some significant degree by the delay in the performance of the function in quest......read more.




Summary: Expert Witness Agreements Between the Department of Justice and Employees of the Department of Veterans Affairs As a general matter, em ployees o f the Department o f Veterans Affairs may enter into expert witness agreements with the Department o f Justice for testimony that is unrelated to their official duties, so long as the requirements o f 18 U.S.C § 205 are observed. Octobe......read more.


Summary: Application of the Federal Bribery Statute to Civilian Aides to the Secretary of the Army A Civilian Aide to the Secretary of the Army is a public official who is barred by 18 U.S.C. § 201(c) from receiving anything of value because of an official action taken. July 12, 1989 M e m e o r a n d u m O p in io n for the G e n er a l C ounsel D ep......read more.


Summary: Common Legislative Encroachments On Executive Branch Authority This memorandum lists and briefly discusses a variety of common provisions of legislation that are offensive to principles of separation of powers, and to executive power in par­ ticular, from the standpoint of policy or constitutional law. c. Delegation o f Federal Executive Power One o f the gravest new threats ......read more.


Summary: D ecem ber 14, 1977 77-70 MEMORANDUM OPINION FOR THE GENERAL COUNSEL OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Effect of Agency Interpretation of Regulations— Confidentiality of Alcohol and Drug Abuse Patient Records Your letter states that your Office has provided the Civil Service Commission with authoritative advice on the applicability and effect of certain provisions o f your Departm ent’s regulations, 42 CF......read more.


Summary: Constitutionality of Proposed Revisions of the Export Administration Regulations Proposed revisions of the Export Administration Regulations dealing with the export of technical data to foreign nationals apply a prior restraint, in the form of a licensing requirement, to a wide variety o f speech protected by the First Amendment. Those regulations clarify the cir­ cumstances in which a license is required for the export of technical data to foreign nationals. An “export” is ......read more.


Summary: Whether the Department of Health and Human Services May Provide the Government Accountability Office Access to Information in the National Directory of New Hires Title 42, section 653(l) of the U.S. Code prohibits the Department of Health and Human Services from providing the Government Accountability Office access to personally identifiable information from the National Directory of New Hires, notwithstanding GAO’s general access provision, 31 U.S.C. § 716(a). ......read more.


Summary: Transfers of Forfeited Property to State and Local Law Enforcement Agencies S ectio n 9 8 1 (e)(2 ) o f title 18 d o e s not prevent a state or local law enforcem ent agency from retran sferrin g to o th e r state o r local governm ent agencies property th at has b een transferred fro m th e fed eral governm ent pursuant to th at section. ” January 23, 1992 M em o......read more.


Summary: Constitutionality of Seizing the Passports of Individuals Found to be Importing Controlled Substances Into the United States A C ustom s Service directive to seize as evidence o f a federal crim e the passports of individuals found to be im porting controlled substances into the U nited S tates would not implicate the Fourth o r Fifth A m endm ents to the U nited States Constitution, nor give rise to any valid constitutional claim s o f denial o f due process or deprivation o f fr......read more.


Summary: Authority of Education Department Administrative Law Judges in Conducting Hearings A dm inistrative law ju d g e s w ithin the D epartm ent o f E ducation, being em ployees o f the D ep art­ m ent, do n o t have authority to conduct adm inistrative hearings in a m anner contrary to the D ep artm en t's rules, to invalidate such rules, o r to interpret such rules in a m anner contrary to the S ecretary ’s interpretation. ......read more.


Summary: Appointment of Members of the Board of Directors of the Commission on National and Community Service T h e u n c o n s titu tio n a l re s tric tio n s o n th e P r e s id e n t’s a p p o in tm e n t p o w e r c o n ta in e d in th e N a tio n a l a n d C o m m u n ity S e rv ic e A c t o f 1990 a re s e v e ra b le fro m th e re m a in d e r o f the A c t. W ith o n e e x c e p tio n , th e p ro g ra m s e sta b lis h e d u n d e r title I o f the A c t m a y n o t b e im p ......read more.


Summary: Relationship Between Department of Justice Attorneys and Persons on Whose Behalf the United States Brings Suits Under the Fair Housing Act When the Department o f Justice undertakes a civil action on behalf o f a complainant alleging a discriminatory housing practice under the Fair Housing Act, Department attorneys handling the action do not enter into an attomey-client relationship with the complainant, nor do they undertake a fiduciary obligation to the complainant. ......read more.


Summary: Removal of Members of the Advisory Council on Historic Preservation C ongress did not intend to limit the P resident's pow er to remove m em bers o f the Advisory C ouncil on H istoric Preservation without cause prior to the expiration of their term s of office. March 11, 1982 MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT This memorandum addresses the question whether the members of the Adviso­ ry Council on Historic Preservation (Council) are removable by the P......read more.


Summary: NLRB Quorum Requirements The National Labor Relations Board may issue decisions even when only two of its five seats are filled, if the Board, at a time when it has at least three members, delegates all its powers to a three-member group and the two remaining members are part of this group and both participate in the decisions. March 4, 2003 MEMORANDUM OPINION FOR THE SOLICITOR ......read more.


Summary: Investment of Federal Trust Funds for Cheyenne River and Lower Brule Sioux Congress intended the term “interest” in title VI of the Water Resources Development Act of 1999 to have its usual and customary meaning: the coupon rate of the debt obligation. The universe of “available obligations” under title VI of the Water Resources Development Act of 1999 includes obligations of government corporations and government-sponsored......read more.


Summary: Presidential Signing Statements This testimony discusses the purpose and history of presidential signing statements. January 31, 2007 STATEMENT BEFORE THE HOUSE COMMITTEE ON THE JUDICIARY Mr. Chairman, Ranking Member Smith, and Members of the Committee, I appreciate the opportunity to appear here today to discuss the purpose and history of presidential signing statements. Presidents throu......read more.


Summary: Constitutionality of Bill Creating an Office of Congressional Legal Counsel Congressional officers representing the combined power of both houses of Congress—in contrast to officers of either house—who perform significant governmental duties must be appointed as provided in the Appointments Clause of the Constitution. 384 Constitutionality of Bill Creating an Office of Congressional Legal Counsel This Office is not aware of any other instances in which the......read more.


Summary: Immorality ©If tine Coumsel to the President from Compelled Congressional Testimony Executive privilege is assem ble in response to a congressional subpoena seeking the testimony of the Counsel to the President because the Counsel serves as one of the President’s immediate advis­ ers and is therefore immune from compelled congressional testimony.


Summary: October 26, 1979 79-78 MEMORANDUM OPINION FOR THE U.S. ATTORNEY, DISTRICT OF WYOMING Conflict of Interest— 18 U.S.C. § 207— Applicability to Former Assistant U.S. Attorneys This responds to your inquiry whether Messrs. Steven Munsinger, Harold Stuckey, or any member of their firm may lawfully represent the defendant in a Federal criminal matter pending in your district.