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Opinions
Status of the Public Company Accounting Oversight Board Under 18 U.S.C. § 207(c)
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.
Legality of Alternative Organ Donation Practices Under 42 U.S.C. § 274e
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.
Presidential Signing Statements
This testimony discusses the purpose and history of presidential signing statements.
Days of Service by Special Government Employees
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.
Applicability of the Miscellaneous Receipts Act to Personal Convenience Fees Paid to a Contractor by Attendees at Agency-Sponsored Conferences
“Personal convenience” fees that attendees at agency-sponsored conferences pay to private contractors are not subject to the Miscellaneous Receipts Act.
Jurisdiction of Integrity Committee When Inspector General Leaves Office After Referral of Allegations
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.
Application of the Government Corporation Control Act and the Miscellaneous Receipts Act to the Canadian Softwood Lumber Settlement Agreement
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.
Whether a Presidential Pardon Expunges Judicial and Executive Branch Records of a Crime
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.
Application of the Appointments Clause to a Statutory Provision Concerning the Inspector General Position at the Chemical Safety and Hazard Investigation Board
A statutory provision declaring that the Inspector General of the Environmental Protection Agency “shall, by virtue of such appointment, also hold the position of Inspector General” of the Chemical Safety and Hazard Investigation Board does not violate the Appointments Clause of the Constitution, because it constitutes the permissible addition of germane duties to an office, rather than appointment to a new office.
Divestiture of Stock and Purchase of Government Bonds by an Incoming Secretary of the Treasury
The incoming Secretary of the Treasury may purchase government bonds with the proceeds of a stock sale pursuant to a certificate of divestiture properly issued under 26 U.S.C. § 1043 and without violating the prohibition of 31 U.S.C. § 329, provided that he purchases the bonds after his commis-sion is signed by the President but before he takes the oath of office or enters on his duties as Secretary of the Treasury.