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Opinions by Date and Title
Date Sorted DescendingTitleHeadnotes
2007
2007-April-05Use of Appropriated Funds to Provide Light Refreshments to Non-Federal Participants at EPA Conferences
(Posted 2007-November-06)
Light refreshments are “subsistence expenses” to which the prohibition of 31 U.S.C. § 1345 applies, and various statutory provisions that authorize the Environmental Protection Agency to hold meetings, conduct training and provide grants do not satisfy the “specifically provided by law” exception to the prohibition.
A violation of section 1345 does not, by its own force, also violate the Anti-Deficiency Act.
2007-March-30Status of Public Company Accounting Oversight Board Under 18 U.S.C. § 207(c)
(Posted 2008-December-22)
A former senior employee of the Securities and Exchange Commission communicating with the Commission on behalf of the Public Company Accounting Oversight Board during the year after his service as a senior employee at the Commission ends would not be communicating on behalf of the United States and therefore 18 U.S.C. § 207(c) would apply to bar such a communication.
2007-March-28Legality of Alternative Organ Donation Practices Under 42 U.S.C. § 274e
(Posted 2007-April-03)
Two alternative kidney donation practices, in which a living donor who is incompatible with his intended recipient donates a kidney to a stranger in exchange for the intended recipient's receiving a kidney from another donor or increased priority on a waiting list, do not violate the prohibition on transfers of organs for “valuable consideration” in 42 U.S.C. § 274e..
2007-January-31Presidential Signing Statements
(Posted 2009-January-16)
This testimony discusses the purpose and history of presidential signing statements.
2007-January-26Days of Service by Special Government Employees
(Posted 2007-February-26)
The longstanding interpretation of the Executive Branch that service by a special government employee during any part of a day counts as a full day under 18 U.S.C. §§ 203 and 205, which impose greater conflict of interest restrictions after a special government employee works 60 days, is reaffirmed.
2006
2006-November-22Applicability of the Miscellaneous Receipts Act to Personal Convenience Fees Paid to a Contractor by Attendees at Agency-Sponsored Conferences
(Posted 2008-October-16)
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).
2006-September-05Jurisdiction of Integrity Committee When Inspector General Leaves Office After Referral of Allegations
(Posted 2008-May-28)
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.
2006-August-22Application of the Government Corporation Control Act and the Miscellaneous Receipts Act to the Canadian Softwood Lumber Settlement Agreement
(Posted 2009-January-14)
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.
2006-August-11Whether a Presidential Pardon Expunges Judicial and Executive Branch Records of a Crime
(Posted 2008-December-19)
A presidential pardon granted under Article II, Section § 2 of the Constitution does not automatically expunge Judicial or Executive Branch records relating to the conviction or underlying offense..
2006-January-19Legal Authorities Supporting the Activities of the National Security Agency Described by the President
(Posted 2009-January-16)
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.

Updated: April 2014