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2002-May-30

Applicability of Ineligibility Clause to Appointment of Congressman Tony P. Hall

The Ineligibility Clause of the Constitution would not bar the President from appointing Congressman Tony P. Hall as United States Representative to the United Nations Agencies for Food and Agriculture, with the rank of Ambassador.

1988-June-15

Applicability of Interest and Penalty Provisions of the Criminal Fine Enforcement Act to Fines Imposed as a Condition of Probation

Application of the interest and penalty provisions of the Criminal Fine Enforcement Act of 1984 is mandatory in the case of late payment or nonpayment of a fine imposed strictly as a condition of probation.

2001-June-20

Applicability of Post-Employment Restrictions in 18 U.S.C. § 207 to a Former Government Official Representing a Former President or Vice President in Connection with the Presidential Records Act

Title 18, section 207, U.S. Code, would not prohibit a former government official from representing a former President or former Vice President in connection with his role under the Presidential Records Act, 44 U.S.C. §§ 2201–2207 (1994).

1985-February-26

Applicability of Post-Employment Restrictions on Dealing With Government to Former Employees of the Government Printing Office

The Government Printing Office (GPO) is neither a part of the Executive Branch nor an independent agency of the United States for purposes of restrictions on post-employment activities of certain government officers and employees set forth in 18 U.S.C. § 207. Rather, GPO is a unit of the Legislative Branch. Accordingly, officers and employees of GPO are not subject to the post-employment restrictions of 18 U.S.C. § 207.

Special employees of the GPO are also excluded from coverage of the post-employment restrictions, although special employees of the Executive Branch would be covered. Because restrictions of § 207 do not apply to regular officers and employees of the Legislative Branch, it is extremely doubtful that Congress intended them to apply to special employees of that branch.

1979-April-20

Applicability of Section 307(c)(1) of the Coastal Zone Management Act to Preleasing Activities of the Department of Interior Relating to the Outer Continental Shelf

Coastal Zone Management Act (16 U.S.C. § 1456(c)(1))—Outer Continental Shelf Lands—Applicability of Section 307(c)(1) to Department of the Interior Preleasing Activities Directly Affecting the Coastal Zone—Repeals by Implication

1983-May-03

Applicability of Section 504 of the Rehabilitation Act to Certain Governmental Entities

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against qualified handicapped individuals in any program or activity conducted by any “Executive agency.” The legislative history of the 1978 Amendments to the Act makes clear that Congress intended § 504 to apply to all “agencies and instrumentalities” in “the Executive branch,” including independent regulatory agencies performing functions constitutionally committed to the Executive Branch. The term “Executive agency” as used in § 504 must be construed broadly to include all government entities which are not within either the legislative or judicial branches.

All of the entities listed in the memorandum are “Executive agencies” under § 504. These are: the Architectural and Transportation Barriers Compliance Board, the Civil Aeronautics Board, the Commission of Fine Arts, the Federal Deposit Insurance Corporation, the Federal Labor Relations Authority, the Federal Maritime Commission, the National Transportation Safety Board, the National Labor Relations Board, the Railroad Retirement Board, the Securities and Exchange Commission, the Federal Communications Commission, and the Administrative Conference of the United States.

2004-November-16

Applicability of Section 504 of the Rehabilitation Act to Tribally Controlled Schools

Section 504 of the Rehabilitation Act generally applies to tribally controlled schools that receive federal financial assistance from the Department of Justice.

1997-August-06

Applicability of Section 514 of the 1997 Education Appropriations Act to Post-Secondary Student Aid Programs

Section 514 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 1997, which bars the provision of appropriated funds, by contract or grant, to any institution of higher education that denies campus access to military recruiters or Reserve Officer Training Corps representatives, applies to so-called “campus-based” student aid programs, which involve grants to educational entities, but does not apply to direct aid programs, which involve grants to students rather than to educational entities.

1980-March-20

Applicability of Statutes Prohibiting Strikes Against the Federal Government to Cooperative Extension Agents

Statutes prohibiting strikes by federal employees against the federal government do not apply where Cooperative Extension Agents participate in a strike against their university employer.

1983-February-18

Applicability of the Antideficiency Act Apportionment
Requirements to the Nonadministrative Funds of the Federal Savings and Loan Insurance Corporation

The plain language and legislative history of the apportionment requirements in the Antideficiency Act, 31 U.S.C. §§ 1511–1519, make clear that Congress intended all funds, including nonadministrative funds, of government corporations such as the FSLIC to be subject to apportionment.

The provision in 12 U.S.C. § 1725(c)(5) that the FSLIC shall determine its necessary expenditures “without regard to the provisions o f any other law governing the expenditures of public funds,” does not specifically exempt FSLIC funds from the apportionment requirements of the Antideficiency Act.


Updated: April 2014