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1993-October-28

Applicability of the Emoluments Clause to Non-Government Members of ACUS

The Emoluments Clause of the Constitution prohibits non-government members of the Administrative Conference of the United States from accepting, absent Congress’s consent, a distribution from their partnerships that includes some proportionate share of the revenues generated from the partnership’s foreign government clients.

Non-government members of ACUS are also generally forbidden, absent Congress’s consent, from accepting payments from commercial entities owned or controlled by foreign governments.

1981-September-10

Applicability of the Federal Advisory Committee Act to Law Enforcement Coordinating Committees

If the functions of Law Enforcement Coordinating Committees (LECCs) are limited to the exchange of information, or to making operational decisions involving law enforcement matters, they will not be covered by the Federal Advisory Committee Act (FACA). However, to the extent that a LECC performs “advisory functions” by giving advice and recommendations to federal officials, it would be subject to the FACA’s requirements when performing those functions.

1988-January-05

Applicability of the Federal Advisory Committee Act to Presidential Task Force on Market Mechanisms

The Presidential Task Force on Market Mechanisms is exempt from the requirements of the Federal Advisory Committee Act.

1980-August-18

Applicability of the Federal Advisory Committee Act to the National Endowment for the Humanities

The Federal Advisory Committee Act (FACA) requires that the names of members of the Humanities Panel of the National E ndowment for the Humanities (NEH) be made available to the public by subgroup, but does not require that such disclosure occur until after the particular subgroup’s work has been completed.

The privacy exemption to the open meeting requirement of the Government in the Sunshine Act, made applicable to federal advisory committees by the 1976 amendments to FACA, may permit closing some portions of meetings of subgroups of the Humanities Panel at which individual grant applications are discussed; however, the NEH has the responsibility to determine in advance what portions of subgroup meetings will not fall within an exemption to FACA’s openness requirement, and to assure that those portions are closed to the public.

1982-January-04

Applicability of the Federal Advisory Committee Act to the Native Hawaiians Study Commission

The Native Hawaiians Study Commission (Commission) was established to advise Congress, not the President or agencies in the Executive Branch, and is thus not subject to the Federal Advisory Committee Act (FACA). The Commission could become subject to the FACA if it were utilized to advise the President or agencies.

The Commission is not subject to the requirement of the Government in the Sunshine Act (GSA), which applies only to “agencies” a majority of whose members are appointed by the President with the advice and consent of the Senate. The Commission is not an “agency” as that term is defined for purposes of the GSA, since it was created to undertake studies and not to exercise independent authority. Moreover, none of its members is appointed with the advice and consent of the Senate.

2000-May-11

Applicability of the Federal Vacancies Reform Act to Vacancies at the International Monetary Fund and the World Bank

The United Slates Executive Director and the Alternate United States Executive Director at the International Monetary Fund and the World Bank are not part of an Executive agency, and therefore vacancies in those offices are not covered by the Federal Vacancies Reform Act.

1982-June-03

Applicability of the Hatch Act to the Chairman of the Native Hawaiians Study Commission

The Native Hawaiians Study Commission is an “Executive agency” whose employees are covered by the Hatch Act, even though its functions are by statute confined to advising Congress. The part-time Chairman of the Commission is covered by the Hatch Act on the days she is paid to perform government services.

1979-September-21

Applicability of the Immigration and Nationality Act to Aliens Working on Drilling Rigs on the Outer Continental Shelf

Outer Continental Shelf—Drilling Rigs—Alien Workers (43 U.S.C. § 1333)

2000-June-26

Applicability of the Post-Employment Restrictions of 18 U.S.C. § 207(c) to Assignees Under the Intergovernmental Personnel Act

The post-employment restrictions of 18 U S.C. § 207(c) apply to persons who are assigned from a university or a state or local government to the Department of Energy under the intergovernmental Personnel Act and are compensated at or above the ES-5 level, except for those who occupy positions ordinarily below the ES-5 level and who receive salaries only from the detailing employers, with the federal agency reimbursing those employers for an amount less than an ES-5 salary.

2000-September-08

Applicability of the Privacy Act to the White House

The Privacy Act does not apply to the White House Office, which is also known as the Office of the President.


Updated: April 2014