Opinions
Scope of Criminal Enforcement Under 42 U.S.C. § 1320d-6
Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6, and the knowingly element of the offense set forth in that provision requires only proof of knowledge of the facts that constitute the offense.
Whether Appropriations May Be Used for Informational Video News Releases
The “covert propaganda” prohibition in appropriations statutes does not apply where there is no advocacy of a particular viewpoint, and therefore it does not apply to the legitimate provision of information concerning the programs administered by an agency, such as through an informational video news release.
A recent, contrary opinion of the Comptroller General is not binding on the Executive Branch.
Application of the Emoluments Clause to a Member of the President’s Council on Bioethics
A member of the President’s Council on Bioethics does not hold an “Office of Profit or Trust” within the meaning of the Emoluments Clause of the Constitution.
Religious Objections to the Postal Service Oath of Office
Section 1011 of title 39 of the United States Code specifies an oath of office that all Postal Service officers and employees must take. Title VII of the Civil Rights Act of 1964 does not require the Postal Service to depart from the dictates of section 1011 in order to accommodate (beyond what is required by section 1011) prospective employees who raise bona fide religious objections to taking this oath.
The Religious Freedom Restoration Act does not require any further accommodation in response to three common objections to taking this oath.
Treatment of Expunged State Convictions Under the Immigration and Nationality Act
Under the definition of “conviction” contained in the Immigration and Nationality Act, for a conviction not involving a first-time simple possession of narcotics, an alien remains convicted, and thus removable under the Act, notwithstanding a subsequent state action to vacate or set aside the conviction that does not reflect a judgment about the merits of the underlying adjudication of guilt.
Status of the Director of Central Intelligence Under the National Security Intelligence Reform Act of 2004
At the time the National Security Intelligence Reform Act of 2004 takes effect, the then-current Director of Central Intelligence would not require a new appointment to the office of Director of the Central Intelligence Agency should the President wish him to serve in that position.
Application of Record Destruction Requirements to Information Received From the National Instant Criminal Background Check System
Under the laws governing destruction of background check information, the Bureau of Alcohol, Tobacco, Firearms, and Explosives—which routinely receives and retains certain information from the National Instant Criminal Background Check System whenever the NICS determines that an individual seeking to purchase a firearm may not lawfully receive a firearm—does not have to destroy that information if the NICS later overturns that determination.