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Office of Legal Counsel

2006 Memoranda and Opinions
Memoranda & Opinions Overview of Document
APPLICABILITY OF THE MISCELLANEOUS RECEIPTS ACT TO PERSONAL CONVENIENCE FEES PAID TO A CONTRACTOR BY ATTENDEES AT AGENCY-SPONSORED CONFERENCES
commerce-personal-convenience-fees.pdf
Fees that attendees at agency-sponsored conferences pay to private event planners for items of personal convenience provided by the planners are not subject to the Miscellaneous Receipts Act, 31 U.S.C. § 3302(b).

November 22, 2006
JURISDICTION OF INTEGRITY COMMITTEE WHEN INSPECTOR GENERAL LEAVES OFFICE AFTER REFERRAL OF ALLEGATIONS
integritycommitteeopinion.pdf

The Integrity Committee has authority to review, refer for investigation, and report findings with respect to, administrative allegations of wrongdoing made against a former Inspector General when the Committee receives the allegations during the subject's tenure as Inspector General, even if the subject later leaves office.

September 5, 2006

APPLICATION OF THE GOVERNMENT CORPORATION CONTROL ACT AND THE MISCELLANEOUS RECEIPTS ACT TO THE CANADIAN SOFTWOOD LUMBER SETTLEMENT AGREEMENT
softwood-lumber-settlement.pdf
An aspect of the proposed agreement between the United States and Canada settling various disputes regarding trade in softwood lumber products, in which duties now held by the United States would be distributed by a private foundation to “meritorious initiatives” related to, among other things, timber-reliant communities, would not violate the Government Corporation Control Act or the Miscellaneous Receipts Act.

August 22, 2006
WHETHER A PRESIDENTIAL PARDON EXPUNGES JUDICIAL AND EXECUTIVE BRANCH RECORDS OF A CRIME
pardonopfinal.pdf

A presidential pardon granted under Article II, § 2 of the Constitution does not automatically expunge Judicial or Executive Branch records relating to the conviction or underlying offense..

August 11, 2006

LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT
nsa-white-paper.pdf

The President has legal authority to authorize the National Security Agency to conduct the signals intelligence activities he has described. Those activities are authorized by the Constitution and by statute, and they violate neither the Foreign Intelligence Surveillance Act nor the Fourth Amendment.

January 19, 2006

FINANCIAL INTERESTS OF NONPROFIT ORGANIZATIONS
11106nonprofitboards.pdf

Under 18 U.S.C. § 208, a nonprofit organization does not have a “financial interest” in a particular matter solely by virtue of the fact that the organization spends money to advocate a position on the policy at issue in the matter.

January 11, 2006

List of Years for Memoranda and Opinions



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