Opinions
FBI Authority to Charge User Fees for Record Check Services
The Federal Bureau of Investigation has authority to charge the Department of State user fees for FBI record check services used by the State Department to determine whether visa applicants have criminal records and are thus ineligible for visas.
The imposition of user fees by the FBI for record check services is discretionary.
Secretary of Education Review of Administrative Law Judge Decisions
Section 22 of the Drug-Free Schools and Communities Act Amendments of 1989 provides that a decision of an administrative law judge reviewing the termination of federal assistance to educational institutions or agencies “shall be considered to be a final agency action.” This provision does not preclude the Secretary of Education from reviewing such administrative law judge decisions.
Because section 22 makes an administrative law judge decision a final agency action for purposes of judicial review, it deprives the Secretary of the power to require exhaustion of secretarial review procedures before an aggrieved party may seek judicial review.
Ex Parte Communications During FCC Rulemaking
Ex parte communications by White House officials to Federal Communications Commission commissioners that advocate positions on the FCC rulemaking proceeding to evaluate financial interest and syndication rules would be permissible.
According to FCC regulations, as interpreted by the FCC General Counsel, communications by the White House must be disclosed in the FCC rulemaking record if they are of substantial significance and clearly intended to affect the ultimate decision.
Although solicitation of the views of White House officials by FCC commissioners would be permissible and need not be included in the rulemaking record, any response by White House officials to such a solicitation would be subject to the same disclosure requirements that apply to unsolicited communications.