Medical and Public Health Law Site
Opinions of the Office of Legal Counsent - DOJ
U.S. Department of Justice
Office of Legal Counsel
1996 Memoranda & Opinions
Overview of Document
APPLICATION OF THE INELIGIBILITY CLAUSE
inelbr2
(HTML)
inelbr2 (WPD) Size 6.51K
The
Ineligibility Clause of the Constitution would not bar the appointment of Representative
Bill Richardson to serve as United States Ambassador to the United Nations or
of Senator William Cohen to serve as Secretary of Defense.
December
31, 1996
ACCESS TO CLASSIFIED INFORMATION
nuccio.op (HTML)
nuccio.op
(WPD) Size 70K
This memorandum provides an opinion
on various legal questions posed by a panel appointed by the Director of Central
Intelligence to make a recommendation on whether an official at the Department
of State, Richard Nuccio, should be granted access to Sensitive Compartmented
Information.
November 26, 1996
VALIDITY OF CONGRESSIONAL-EXECUTIVE AGREEMENTS THAT SUBSTANTIALLY MODIFY THE
UNITED STATES' OBLIGATIONS UNDER AN EXISTING TREATY
treaty
(HTML)
treaty Size: 96K
It
lies within Congress' power to authorize the President substantially to modify
the United States' domestic and international legal obligations under a prior
treaty, including an arms control treaty, by making an executive agreement with
our treaty partners, without Senate advice and consent.
November
25, 1996
AUTHORITY TO EXEMPT PROGRAMS UNDER
THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996
caprenat.ag.htm
caprenat.ag.wpd
(Size: 51K)
The Attorney General may not exempt California's
prenatal care program under § 401 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 because eligibility for, and the recipient's share
of the cost of benefits provided by, that program are conditioned on the recipient's
income.
November 25, 1996
MEMORANDUM FOR DAVID A. MARTIN GENERAL COUNSEL IMMIGRATION AND NATURALIZATION
SERVICE
pft90 (HTML)
pft90
(WPD) Size 59K
Re: Rights of Aliens Found in U.S.
Internal Waters. This responds to your request for our opinion on several additional
questions related to the interdiction of undocumented aliens in vessels before
they have come ashore in the United States. (1) Your request was submitted before
Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 ( .Reform Act .), Pub. L. 104-208, Division C, 110 Stat. 3009 (1996),
which substantially amended the Immigration and Naturalization Act, ch. 477, 66
Stat. 163 (1952) (codified as amended at 8 U.S.C. §§ 1101-1503) ( .INA .), and
thereby altered the premises of your questions in significant respects.
November 21, 1996
SERVICE ON THE
BOARD OF DIRECTORS OF NON-FEDERAL ENTITIES BY FEDERAL BUREAU OF INVESTIGATION
PERSONNEL IN THEIR OFFICIAL CAPACITIES
fbimem
(HTML)
fbimem Size: 43K
Section
208 of title 18 prohibits a government employee from serving on the board of directors
of an outside organization in his or her official capacity, unless the service
is authorized by statute or the employee obtains either a release of fiduciary
obligations by the organization or a waiver of the requirements of section 208.
November 19, 1996
LEGAL EFFECTIVENESS
OF CONGRESSIONAL SUBPOENAS ISSUED AFTER AN ADJOURNMENT SINE DIE OF CONGRESS
sine (HTML)
sine Size: 67K
A congressional subpoena issued after an adjournment sine die
of Congress lacks any legal force and effect and does not impose any legal obligation
to comply with the subpoena.
November 12, 1996
UN DRAFT DECLARATION ON THE RIGHTS OF INDIGENOUS GROUPS
undec.let.htm
undec.let.wpd (Size: 40K)
The
Constitution would not bar the federal government from establishing the kind of
government-to-government relationship it presently maintains with federally recognized
Indian tribes with other appropriately constituted indigenous communities within
the jurisdiction of the United States.
November 1, 1996
ELIGIBILITY OF A NONCITIZEN DUAL NATIONAL FOR A PAID POSITION WITHIN THE DEPARTMENT
OF JUSTICE
dual.bd.htm
dual.bd.wpd
(Size: 17K)
The Department of Justice must determine
the .dominant, effective . nationality of a noncitizen with dual nationality to
determine that person's eligibility for a paid position in the Department under
section 606 of the Treasury, Postal Service, and General Government Appropriations
Act, 1997.
October 11, 1996
DEPARTMENT OF JUSTICE PARTICIPATION ON THE INTERNAL REVENUE SERVICE UNDERCOVER
REVIEW COMMITTEE
undercovop (HTML)
undercovop (WPD) Size 89.4K
Disclosure of tax return information to a Department of Justice attorney serving on the Undercover Review Committee of the Internal Revenue Service is permissible under § 6103 of title 26 of the United States Code as a limited referral for legal advice.
October 8, 1996
THE CONSTITUTIONALITY OF COOPERATIVE
INTERNATIONAL LAW ENFORCEMENT ACTIVITIES UNDER THE EMOLUMENTS CLAUSE
retype5_13
(HTML)
retype5_13 (WPD) Size 35K
The
Emoluments Clause of the Constitution does not bar a proposed cooperative maritime
counter-narcotics operation because the foreign naval personnel assisting U.S.
law enforcement personnel would not hold an .Office of Profit or Trust . under
the United States.
October 7, 1996
ASSERTION OF EXECUTIVE PRIVILEGE FOR MEMORANDUM TO THE PRESIDENT CONCERNING
EFFORTS TO COMBAT DRUG TRAFFICKING
drugs.pot.htm
drugs.pot.wpd Size: 9K
Executive
privilege may properly be asserted with respect to a memorandum to the President
from the Director of the Federal Bureau of Investigation and the Administrator
of the Drug Enforcement Administration containing confidential advice and recommendations
regarding efforts to combat drug trafficking. The memorandum was subpoenaed by
the Subcommittee on National Security, International Affairs and Criminal Justice
of the Committee on Government Reform and Oversight of the House of Representatives.
September 30, 1996
SUBMISSION OF
AVIATION INSURANCE PROGRAM CLAIMS TO BINDING ARBITRATION
arbitrls_faa
(HTML)
arbitrls_faa (WPD) Size 59K
In insurance policies issued to air carriers pursuant to authority
arising under chapter 443 of title 49, the Secretary of Transportation may include
.50-50 clauses, . which require that disputes between insurers over coverage liability
be submitted to binding arbitration unless the insurers are able to negotiate
a settlement in advance, if the use of such clauses is an accepted practice in
the aviation insurance business.
49 U.S.C. § 44309 does not preclude
the use of binding arbitration to resolve disputes regarding the liability of
the United States for losses insured under chapter 443.
50-50 clauses
included in insurance policies issued under chapter 443 may include a provision
for arbitration under state or foreign law if it is a common practice of the commercial
insurance business to resolve liability disputes by reference to the decisional
rules of a non-federal sovereign.
September 27, 1996
ASSERTION OF EXECUTIVE PRIVILEGE FOR DOCUMENTS CONCERNING CONDUCT OF FOREIGN
AFFAIRS WITH RESPECT TO HAITI
haitipot (HTML)
haitipot (WPD) Size 41.6K
Executive
privilege may properly be asserted with respect to certain documents subpoenaed
by the Committee on International Relations of the House of Representatives that
concern the Administration's conduct of foreign affairs with respect to Haiti.
September 20, 1996
PERMISSIBLE ACCOMMODATION
OF SACRED SITES
sacredsites (HTML)
sacredsites
(WPD) Size 61K
The Establishment Clause of the First
Amendment does not bar either an Executive Order that requires the accommodation
of ceremonial use of sites on federal land that are sacred to federally recognized
Indian tribes or a National Park Service regulation, designed to implement that
Order, that prohibits the issuance of commercial climbing licenses at one such
site during a period of religious significance.
September
18, 1996
18 U.S.C. § 207 AND THE GOVERNMENT
OF GUAM
guam (HTML)
guam
(WPD) Size 56K
18 U.S.C. § 207(a)(1) prohibits a former
Department of the Navy employee from representing the Government of Guam before
the Federal Maritime Commission in a litigation in which he participated personally
and substantially while employed by the Navy.
September 12,
1996
APPLICABILITY TO EXECUTIVE PRIVILEGE
TO DELIBERATIONS REGARDING ASSERTION OF PRIVILEGE
hatchep2
(HTML)
hatchep2 (WPD) Size 5.3K
Documents reflecting and constituting deliberative communications within the White
House Counsel's Office and between that Office and the Department of Justice relating
to advice and recommendations to the President on the assertion of executive privilege
are themselves a proper subject of a claim of executive privilege.
September 11, 1996
FOURTH AMENDMENT ISSUES RAISED BY CHEMICAL WEAPONS INSPECTION REGIME
cwc_tes
(HTML)
cwc_tes (WPD) Size 23K
The
inspection regime to be created by the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on Their Destruction and
by the proposed Chemical Weapons Implementation Act, under which inspections of
facilities that produce certain chemicals would occur, absent exigent circumstances,
only after the United States Government obtained the consent of the owner or operator
of the facility, an administrative warrant, or a criminal search warrant, is consistent
with the Fourth Amendment to the Constitution.
September 10,
1996
TRANSMISSION BY A WIRELESS CARRIER
OF INFORMATION REGARDING A CELLULAR PHONE USER'S PHYSICAL LOCATION TO PUBLIC SAFETY
ORGANIZATIONS
crimfcc (HTML)
crimfcc
(WPD) Size 88K
Neither 47 U.S.C. § 1002(a) nor the
Fourth Amendment of the Constitution prohibits a wireless carrier's transmission
to local public safety organizations of information regarding the physical location
of a caller who uses a cellular telephone to dial the 911 emergency line.
Although 18 U.S.C. § 2703 would apparently apply to the carrier's transmission
of such location information to public safety organizations, the caller, by dialing
911, has impliedly consented to such disclosure, thus permitting the federal government
to require the carrier to disclose such information without a warrant or court
order.
September 10, 1996
IMMUNITY OF THE COUNCIL TO THE PRESIDENT FROM COMPELLED CONGRESSIONAL TESTIMONY
execpric (HTML)
execpric
(WPD) Size 19.1K
Executive privilege is assertable
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 advisers
and is therefore immune from compelled congressional testimony.
September 3, 1996
CONTRACTOR ACCESS TO INFORMATION FROM INTERSTATE IDENTIFICATION INDEX
IIIop_d2 (HTML)
IIIop_d2
(WPD) Size 75K
The Office of Personnel Management and
other agencies have authority to disclose criminal history records information
to private contractors performing background investigations of government employees
or prospective employees.
OPM and other agencies also have authority
to permit those contractors to have controlled on-line access to criminal history
records of individuals subject to background investigations through the Interstate
Identification Index system.
August 15, 1996
GOVERNMENT PRINTING
OFFICE INVOLVEMENT IN EXECUTIVE BRANCH PRINTING
gporecn
gporecn Size: 43K
The Office
of Legal Counsel continues to adhere to the analysis and conclusions in its opinion
dated May 31, 1996, regarding Government Printing Office involvement in executive
branch printing.
July 23, 1996
PRESIDENTIAL CERTIFICATION REGARDING THE PROVISION OF DOCUMENTS TO THE HOUSE
OF REPRESENTATIVES UNDER THE MEXICAN DEBT DISCLOSURE ACT OF 1995
cdraftfin
(HTML)
cdraftfin (WPD) Size 149.1K
The
Mexican Debt Disclosure Act of 1995 requires that, before certain assistance is
extended to Mexico, the President must certify that he has provided the House
of Representatives with the documents described in House Resolution 80. The President
submitted a certification that indicated that the executive branch had not provided
the House documents as to which it had informed the House that it would be inconsistent
with the public interest to provide the documents to the House. The Act is best
interpreted as incorporating an exception for those documents as to which disclosure
would not be in the public interest. Therefore, the President's certification
was a legally sufficient formulation of the certification required by the Act.
June 28, 1996
CONSTITUTIONALITY OF LEGISLATIVE PROVISION REGARDING ABM TREATY
abmjq
(HTML)
abmjq (WPD) Size 23.1K
There
are serious doubts as to the constitutionality of a provision of a bill stating
that the United States shall not be bound by any international agreement entered
into by the President that would substantively modify the Antiballistic Missile
Treaty with the Soviet Union, including any agreement that would add other countries
as signatories or convert that bilateral treaty into a multilateral treaty, unless
the agreement is entered pursuant to the President's treaty making power. The
provision intrudes on the Executive's exclusive constitutional powers to interpret
and execute treaties and to recognize foreign States.
June
26, 1996
FBI AUTHORITY TO INVESTIGATE VIOLATIONS
OF SUBTITLE E OF TITLE 26 OR 18 U.S.C. SECTIONS 921-930
fbijur_002
(HTML)
fbijur_002 (WPD) Size 58K
The
Federal Bureau of Investigation has authority to participate in investigations
of violations of Subtitle E of Title 26 and 18 U.S.C. §§ 921-930 but may not supplant
the primacy of the Department of the Treasury over investigations of such violations,
unless the FBI has reason to believe that the investigation concerns a crime of
terrorism over which a statute or Presidential Decision Directive 39 has given
the FBI primary responsibility.
June 21, 1996
SEVERABILITY AND DURATION OF APPROPRIATIONS RIDER CONCERNING FROZEN POULTRY
REGULATIONS
chadusda (HTML)
chadusda
Size: 72K
A provision of the Department of Agriculture
appropriations legislation for Fiscal Year 1996, providing that a regulation otherwise
rendered inoperative could be put into effect if a revised version of the regulation
submitted by the Secretary of Agriculture was received and approved by two committees
of Congress, violates the constitutional separation of powers by purporting to
provide for the legislative enactment of a regulation without bicameral passage
and presentment, as required by Article I of the Constitution.
This
unconstitutional provision is severable from the remainder of the section and
statute in which it is contained, so that the section's prohibition against the
use of appropriated funds to implement the subject regulation, and its provision
that the regulation may not take effect absent authorizing legislation, are both
constitutionally enforceable.
All provisions of the section, including
its prohibition against the regulation taking effect absent future authorizing
legislation, are limited in duration to the 1996 Fiscal Year.
June
4, 1996
INVOLVEMENT OF THE GOVERNMENT PRINTING
OFFICE IN EXECUTIVE BRANCH PRINTING AND DUPLICATING
printer
(HTML)
printer Size: 108K
Section
207(a) of the Legislative Branch Appropriations Act, 1993, as amended, which requires
all executive branch printing to be procured by or through the Government Printing
Office, vests executive functions in an entity subject to congressional control
and is therefore unconstitutional under the doctrine of separation of powers.
Agency contracting officers who act consistently with this opinion, and in derogation
of the contrary view of the Comptroller General, would face little or no risk
of civil, criminal, or administrative liability.
May 31, 1996
ASSERTION OF EXECUTIVE PRIVILEGE REGARDING WHITE HOUSE COUNSEL'S OFFICE DOCUMENTS
whto.pot(HTML)
whto.pot(WPD)
Size
13K
Executive privilege may properly be asserted with
respect to certain White House Counsel's Office documents that have been subpoenaed
by the Committee on Government Reform and Oversight of the House of Representatives
in connection with the Committee's investigation of the White House Travel Office
matter.
May 23, 1996
RELOCATION
DEADLINE PROVISION CONTAINED IN THE 1996 OMNIBUS CONSOLIDATED RESCISSIONS AND
APPROPRIATIONS ACT
broadcub (HTML)
broadcub
Size: 56K
Requirement in the Appropriations Act that
the United States Information Agency relocate the Office of Cuba Broadcasting
to south Florida by a date almost a month before the Act was signed into law constitutes
a technical or typographical error and USIA is entitled to obligate the funds
appropriated in the provision, even though it is unable to turn back the clock
and comply with the provision's literal deadline.
May 21,
1996
USE OF FEDERAL EMPLOYEES FOR OLYMPIC
SECURITY
olympics_op2 (HTML)
olympics_op2
(WPD) Size 72K
Where the teams and delegations visiting
the United States for the Olympic Games in Atlanta have been designated .official
guests . of the United States by the Secretary of State pursuant to §§ 112, 1116
and 1201 of the Criminal Code, those provisions authorize federal agencies to
provide their employees to assist in security operations at the Atlanta Olympics
upon request of the Attorney General.
May 17, 1996
MEMORANDUM FOR CONRAD HARPER LEGAL ADVISER DEPARTMENT OF STATE
viet
(HTML)
viet (WPD) Size 89K
PLACING OF UNITED STATES ARMED
FORCES UNDER UNITED NATIONS OPERATIONAL OR TACTICAL CONTROL
hr3308
(HTML)
hr3308 (WPD) Size 66K
Proposed
funding restriction generally prohibiting the President from placing United States
Armed Forces under the operational or tactical control of the United Nations in
U.N. peacekeeping operations would unconstitutionally constrain the President's
exercise of his authority as Commander-in-Chief and unconstitutionally undermine
the President's constitutional authority with respect to the conduct of diplomacy.
Granting the President the authority to waive the prohibition if he provides a
certification and report to Congress would not remove the funding restriction's
constitutional defect, because Congress cannot burden or infringe the President's
exercise of a core constitutional power by attaching conditions precedent to the
exercise of that power.
May 8, 1996
PROTECTIVE ASSERTION OF EXECUTIVE PRIVILEGE REGARDING WHITE HOUSE COUNSEL'S
OFFICE DOCUMENTS
whto.ag (HTML)
whto.ag
(WPD) Size 6K
Executive privilege may properly be
asserted with respect to the entire set of White House Counsel's Office documents
currently being withheld from the Committee on Government Reform and Oversight
of the House of Representatives, pending a final Presidential decision on the
matter. This would be a protective assertion of executive privilege designed to
ensure the President's ability to make a final decision, after consultation with
the Attorney General, as to which specific documents are deserving of a conclusive
claim of executive privilege.
May 8, 1996
I. THE CONSTITUTIONAL SEPARATION OF POWERS BETWEEN THE PRESIDENT AND CONGRESS
delly (HTML)
delly (WPD)
Size 287K
This memorandum provides an overview of the
constitutional issues that periodically arise concerning the relationship between
the executive and legislative branches of the federal government. Although that
relationship is shaped in part by the policy and political concerns of the President
and Congress of the day, the political interaction between the President and Congress
takes place within an enduring constitutional framework that confers powers and
responsibilities on both elected branches.
In this memorandum we discuss
the general principles underlying separation of powers analysis, and we address
certain specific questions that have arisen in the past. Any set of examples is
necessarily illustrative rather than exhaustive, however, and the Office of Legal
Counsel is always available to assist in reviewing legislation or other congressional
action for potential separation of powers issues.*
May 7,
1996
THE ADVISORY COMMITTEE ON INTERNATIONAL
ECONOMIC POLICY
emol (HTML)
emol
(WPD) Size 5K
The Advisory Committee on International
Economic Policy is not subject to the Emoluments Clause.
April
17, 1996
ELIGIBILITY OF CITIZENS OF FREELY
ASSOCIATED STATES FOR HUD FINANCIAL ASSISTANCE
diaz.2.ltr(HTML)
diaz.2.ltr(WPD) Size 64K
The
Secretary of Housing and Urban Development may not make financial assistance,
including assistance under section 8 of the United States Housing Act of 1937,
available for the benefit of citizens of the Freely Associated States (Federated
States of Micronesia, Marshall Islands, Republic of Palau) who have entered the
Territory of Guam and the Commonwealth of the Northern Mariana Islands as non-immigrants
pursuant to section 141 of the Compact of Free Association.
March
7, 1996
LEGAL AUTHORITY T
O APPROVE
CHANGES IN USE OF PROPERTY UNDER SECTION 414 OF THE HOUSING AND URBAN DEVELOPMENT
ACT OF 1969
hud_gsaop (HTML)
hud_gsaop (WPD) Size 128.4K
The
proposed sale of property at its fair market value in order to raise funds to
build low and moderate income housing on different property constitutes a change
in the use of property under section 414 of the Housing and Urban Development
Act of 1969 and the terms of the deed of the 1974 sale of the property.
The Department of Housing and Urban Development and the General Services Administration
could approve the proposed sale of property to a public body without violating
section 414.
March 5, 1996
MEMORANDUM FOR ERIC S. BENDERSON ASSOCIATE GENERAL COUNSEL U.S. SMALL BUSINESS
ADMINISTRATION
sba8 (HTML)
sba8
(WPD) Size 58K
Re: Constitutionality of 13 C.F.R. §
124.103 Establishing Citizenship Requirement for Participation in 8(a) Program.
March 4, 1996
LEGALITY OF GOVERNMENT
HONORARIA BAN FOLLOWING U.S. v. NATIONAL TREASURY EMPLOYEES UNION
nteu.alt
(HTML)
nteu.alt Size: 58K
No
portion of § 501(b) of the Ethics in Government Act of 1978, which imposes an
honoraria ban on all government employees, survives the Supreme Court's decision
in United States v. National Treasury Employees Union.
February
26, 1996
TRANSACTIONS BETWEEN THE FEDERAL
FINANCING BANK AND THE DEPARTMENT OF THE TREASURY
ffbsale6
(HTML)
ffbsale6 Size: 80K
This
opinion reviews a possible Federal Financing Bank sale of loan assets to the Civil
Service Retirement and Disability Fund and other possible related transactions
between the FFB and the Department of the Treasury, and concludes that the contemplated
transactions would be permissable under existing law.
February
13, 1996
BRADY ACT IMPLEMENTATION ISSUES
brady2mem (HTML)
brady2mem
(WPD) Size 59.9K
The Attorney
General may impose an expiration date on the validity of a check, conducted pursuant
to the Brady Act by the national instant criminal background check system ("NICS"),
that authorizes the transfer of a firearm Information from NICS may be disclosed
to law enforcement agencies to further their criminal investigations, but disclosures
may not be made for the purpose of establishing firearms registries and non_consensual
disclosures may not be made for employment and licensing purposes.The Privacy
Act places no restrictions on the Attorney General's express authority under the
Brady Act to request information from federal agencies identifying individuals
who fall within the categories of persons prohibited from possessing firearms.
February 13, 1996
ALTERNATIVES
FOR THE IMPOSITION OF CONDITION ON THE CERTIFICATION OF DRUG TRANSIT AND PRODUCING
COUNTRIES
narccertmem (HTML)
narccertmem
(WPD) Size 54K
The President may impose certain conditions
upon a drug producing or transit country seeking certification under section 490(b)
of the Foreign Assistance Act of 1961. If he chooses to certify a country under
section 490(b)(1)(B), he can withhold funds from the country to encourage compliance
with a set of specified conditions. Alternatively, the President can determine
not to certify a country in his annual certification report but inform the country
that it might be recertified outside the annual cycle if it meets certain conditions.
The first alternative offers greater flexibility to the President as, under the
latter approach, the President is constrained in the exercise of his discretion
by specific statutory requirements and his determination is subject to congressional
review.
February 12, 1996
AUTHORITY OF THE PRESIDENT TO RESTRICT MUNITIONS IMPORTS UNDER THE ARMS EXPORT
CONTROL ACT
arms02 (HTML)
arms02 (WPD) Size 11.6K
Restricting
the import of certain classes of Russian firearms and ammunition that are deemed
an unacceptable risk to public safety is a legitimate use of the President's authority
under the Arms Export Control Act to restrict the import of munitions in furtherance
of United States foreign policy.
February 9, 1996
ASSISTANCE BY STATE AND LOCAL POLICE IN APPREHENDING ILLEGAL ALIENS
immstopo1a
(HTML)
immstopo1a (WPD) Size 93.9K
Subject to the provisions of state law, state and local police may constitutionally
detain or arrest aliens for violating the criminal provisions of the Immigration
and Naturalization Act.
State and local police lack recognized legal
authority to stop and detain an alien solely on suspicion of civil deportability,
as opposed to a criminal violation of the immigration laws or other laws.
State
and local police may detain aliens reasonably suspected of a criminal violation
of the immigration laws for periods of as long as 45 to 60 minutes when detentions
of that length are necessary to allow for the arrival of Border Patrol agents
who are needed for the informed federal disposition of the suspected violations.
February 5, 1996
IMMIGRATION EMERGENCY FUND
iefalt.twr (HTML)
iefalt.twr
(WPD) Size: 53K
The $20 million in the Immigration
Emergency Fund for the reimbursement of states and localities for certain immigration-related
assistance is available on an annual basis.
January 26, 1996
WHETHER THE DISTRICT OF COLUMBIA'S CLEAN AIR COMPLIANCE FEE MAY BE COLLECTED
FROM THE FEDERAL GOVERNMENT
parking.op1 (HTML)
parking.op1 (WPD) Size: 89K
The
District of Columbia's Clean Air Compliance Fee is a tax and may not be imposed
on the federal government, because the D.C. Council lacks authority to impose
taxes on the property of the United States.
January 23, 1996
List of Years for Memoranda and Opinions