Medical and Public Health Law Site
Opinions of the Office of Legal Counsent - DOJ
2001 Memoranda & Opinions
Overview of Document
AUTHORITY OF THE DEPUTY ATTORNEY GENERAL UNDER EXECUTIVE ORDER 12333
25.htm (HTML)
25.wpd (WPD) Size 10.4K
The Deputy Attorney General has authority to approve searches
for intelligence purposes that are conducted under section 2.5 of Executive
Order 12333.
November 5, 2001
APPLICATION OF 18 U.S.C. § 208 TO TRUSTEES OF PRIVATE TRUSTS
section208trustee.htm (HTML)
section208trustee.wpd (WPD) Size 53K
Although a trustee of a private trust,
solely by virtue of his capacity as a trustee, should not be deemed to have
a personal financial interest in the property of the trust, a trustee of a
private trust may have such an interest under certain circumstances. Further,
a trustee of a private trust also should be considered to be serving in the
capacity of a "trustee" of an "organization" for purposes of 18 U.S.C.
§ 208(a).
November 2, 2001
PRESIDENT'S AUTHORITY TO REMOVE THE CHAIRMAN OF THE CONSUMER PRODUCT SAFETY
COMMISSION
cpscchairmanremoval.htm (HTML)
cpscchairmanremoval.wpd (WPD)
The Chairman of the Consumer Product Safety Commission serves
at the pleasure of the President and the President has the constitutional authority
to remove her for any reason.
Upon her removal, the Chairman will still continue to serve as a Commissioner, and, under, 15 U.S.C. § 2053(d), the Vice-Chairman of the Commission will assume the post of Chairman.
July 31, 2001
INVESTMENT OF FEDERAL TRUST FUNDS FOR CHEYENNE RIVER AND LOWER BRULE SIOUX
siouxtrustop.htm (HTML)
siouxtrustop.wpd (WPD)
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 entities whose charter statutes provide that their obligations are lawful investments for federal trust funds.
The fiduciary duty owed pursuant to a federal trust fund is defined and limited by the terms of the statute creating the trust.
January 19, 2001
NOAA CORPS ELIGIBILITY FOR PROFESSIONAL LIABILITY INSURANCE COSTS REIMBURSEMENT
noaaopfin3.htm (HTML)
noaaopfin3.wpd (WPD) Size 54.5K
Members of the NOAA Commissioned Corps may constitute qualified
employees eligible for professional liability insurance cost reimbursement under
federal statute if they otherwise satisfy the statutory definition for "law
enforcement officer," "supervisor," or "management official."
January 19, 2001
"COMMUNICATIONS" UNDER 18 U.S.C. § 207
207cfinal.htm (HTML)
207cfinal.wpd (WPD) Size 36.6K
A former high-ranking government official proposed establishing a consulting
firm . as a sole proprietorship, a partnership, or a corporation . in
which he would be one of a very few employees, or perhaps even the sole employee. If,
as hypothesized, the consulting firm prepares a report on behalf of certain
clients, which is submitted directly to his former agency by the consulting firm
or, with the former official. s knowledge, by his client with the
report bearing the consulting firm. s name, and it is expected by the former
official that his identity as the author of the report may be commonly known
throughout the industry and at his former agency, he would be making a communication
prohibited by 18 U.S.C. § 207(c).
January 19, 2001
AUTHORITY TO SOLICIT GIFTS
giftsolicitationoge.htm (HTML)
giftsolicitationoge (WPD) Size 31.5K
The express statutory authority to accept gifts, contained
in section 403(b)(1) of the Office of Government Ethics Authorization Act of
1996, includes the implied authority to solicit gifts.
January 19, 2001
EFFECT OF THE ALIENAGE RESTRICTION IN THE PERSONAL RESPONSIBILITY AND WORK
OPPORTUNITY RECONCILIATION ACT OF 1996 ON THE PROVISION OF STAFFORD ACT ASSISTANCE
IN THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF MARSHALL ISLANDS
femaopinion011901final.htm (HTML)
femaopinion011901final.wpd (WPD) Size
52.9K
Congress did not intend the alienage restriction set forth in
title IV of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 to apply extraterritorially. For this reason, the provision of Stafford
Act assistance on the Federated States of Micronesia and the Republic of Marshall
Islands by the Federal Emergency Management Agency would not violate the PRWORA.
January 19, 2001
AUTHORITY OF THE OFFICE OF GOVERNMENT ETHICS TO ISSUE TOUHY REGULATIONS
touhy7final.htm (HTML)
touhy7final.wpd (WPD) Size 37.5K
OGE may not issue Touhy regulations pursuant to 5 U.S.C. § 301 because OGE is not an "executive department" within the meaning of § 301.
OGE may issue Touhy regulations, insofar as they concern the production of agency records, pursuant to 44 U.S.C. § 3102 of the Federal Records Act.
OGE may issue regulations concerning the appearance of agency employees as witnesses on official matters, pursuant to the implied authority of OGE. s organic statute, 5 U.S.C. app. § 401.
January 18, 2001
REIMBURSING TRANSITION-RELATED EXPENSES INCURRED BEFORE
THE ADMINISTRATOR OF GENERAL SERVICES ASCERTAINED WHO
WERE THE APPARENT SUCCESSFUL CANDIDATES FOR THE OFFICE OF
PRESIDENT AND VICE PRESIDENS
reimbursementoftransitioncostsfinall (HTML)
reimbursementoftransitioncostsfinall (WPD) Size 20.1K
The General Services Administration can reimburse the Bush/Cheney transition for legitimate transition-related expenses, as contemplated by the Presidential Transition Act of 1963, that were incurred after the general election on November 7, 2000 but prior to December 14, 2000, when the Administrator of GSA ascertained that George W. Bush and Richard Cheney were the apparent successful candidates for the office of President and Vice President
January 17, 2001