|1997-October-27||Applicability of 18 U.S.C. § 209 to Acceptance by FBI Employees of Benefits Under the “Make a Dream Come True” Program||The criminal prohibition on supplementation of salary, 18 U.S.C. § 209, does not prohibit Federal Bureau of Investigation employees from receiving benefits under the Society of Former Special Agents of the FBI's “Make a Dream Come True” Program|
|1999-September-15||Applicability of 18 U.S.C. § 219 to Representative Members of Federal Advisory Committees||Representative members of federal advisory committees - i.e., members who are chosen only to present the views of a private interest - are not “public officials” covered by 18 U.S.C. § 219. |
|1998-February-17||Applicability of 18 U.S.C. §§ 431-433 to Limited Partnership Interests in Government Leases Under Proposed Transaction||The interests of two Members of Congress under a proposed real estate transaction involving limited partnership interests in government leases would fall within the prohibition of 18 U.S.C. § 431.|
|1997-August-01||Applicability of 3 U.S.C. § 112 to Detailees Supporting the President's Initiative on Race||3 U.S.C. § 112 does not apply to the details of employees to support the President's Initiative on Race. |
|2004-June-22||Applicability of Anti-Discrimination Statutes to the Presidio Trust|
The issue the Presidio Trust has presented is of the sort that Executive Order 12146 calls upon the Attorney General, and hence the Office of Legal Counsel, to resolve.
The Presidio Trust is exempt from section 717 of Title VII of the Civil Rights Act of 1964 and section 15 of the Age Discrimination in Employment Act of 1967 to the extent that these statutes apply to the appointment, compensation, duties, or termination of Trust employees, but not otherwise.
|2001-February-14||Applicability of APA Notice and Comment Procedures to Revocation of Delegation of Authority||The Secretary of Commerce may revoke a delegation to the Director of the Census without submitting the revocation to the notice and comment procedures of the Administrative Procedure Act, notwithstanding the fact that the Secretary voluntarily elected to follow those procedures in issuing the delegation.|
|1999-September-28||Applicability of EEOC Proposed Final Rule to the Department of Veterans Affairs||The Veterans' Benefits Act is not inconsistent with the proposed Equal Employment Opportunity Commission final rule on hearings for federal employees' EEO complaints, and therefore the Department of Veterans Affairs would be subject to the rule to the same extent as other executive branch agencies. |
|1994-March-01||Applicability of Emoluments Clause to Employment of Government Employees by Foreign Public Universities||The Emoluments Clause does not apply in the cases of government employees offered faculty employment by a foreign public university where it can be shown that the university acts independently of the foreign State when making faculty employment decisions.|
|1993-December-09||Applicability of Executive Order No. 12674 to Personnel of Regional Fishery Management Councils||The appointed members of Regional Fishery Management Councils established under the Magnuson Fishery Conservation and Management Act and other personnel of those Councils are not Executive Branch employees for purposes of Executive Order No. 12674 and its implementing regulations, and thus are not subject to that Order. |
|1957-November-04||Applicability of Executive Privilege to Independent Regulatory Agencies|
A case cannot be made for absolute exclusion of the so-called independent regulatory agencies from the doctrine of executive privilege.
Although free from executive control in the exercise of quasi-legislative and quasi-judicial functions, independent regulatory agencies frequently exercise important functions executive in nature.
As to the latter functions, the doctrine of executive privilege is as much applicable to regulatory commissions as to the executive departments and officers of the government.