Opinions
Legality of Government Honoraria Ban Following U.S. v. National Treasury Employees Union
No portion of § 501(b) of the Ethics in Government Act of 1978, which imposes an honoraria ban on all government employees, survives the Supreme Court’s decision in United States v. National Treasury Employees Union.
Brady Act Implementation Issues
The Attorney General may impose an expiration date on the validity of a check, conducted pursuant to the Brady Act by the national instant criminal background check system, that authorizes the transfer of a firearm.
Information from the national instant criminal background check system may be disclosed to law enforcement agencies to further their criminal investigations, but disclosures may not be made for the purpose of establishing firearms registries and non-consensual disclosures may not be made for employment and licensing purposes.
The Privacy Act places no restrictions on the Attorney General’s express authority under the Brady Act to request information from federal agencies identifying individuals who fall within the categories of persons prohibited from possessing firearms.
Transactions Between the Federal Financing Bank and the Department of the Treasury
This opinion reviews a possible Federal Financing Bank sale of loan assets to the Civil Service Retirement and Disability Fund and other possible related transactions between the FFB and the Department of the Treasury, and concludes that the contemplated transactions would be permissible under existing law.
Alternatives for the Imposition of Conditions on the Certification of Drug Transit and Producing Countries
The President may impose certain conditions upon a drug producing or transit country seeking certification under section 490(b) of the Foreign Assistance Act of 1961. If he chooses to certify a country under section 490(b)(1)(B), he can withhold funds from the country to encourage compliance with a set of specified conditions. Alternatively, the President can determine not to certify a country in his annual certification report but inform the country that it might be recertified outside the annual cycle if it meets certain conditions. The first alternative offers greater flexibility to the President as, under the latter approach, the President is constrained in the exercise of his discretion by specific statutory requirements and his determination is subject to congressional review.
Authority of the President to Restrict Munitions Imports Under the Arms Export Control Act
Restricting the import of certain classes of Russian firearms and ammunition that are deemed an unacceptable risk to public safety is a legitimate use of the President’s authority under the Arms Export Control Act to restrict the import of munitions in furtherance of United States foreign policy.
Assistance by State and Local Police in Apprehending Illegal Aliens
Subject to the provisions of state law, state and local police may constitutionally detain or arrest aliens for violating the criminal provisions of the Immigration and Naturalization Act.
State and local police lack recognized legal authority to stop and detain an alien solely on suspicion of civil deportability, as opposed to a criminal violation of the immigration laws or other laws.
State and local police may detain aliens reasonably suspected of a criminal violation of the immigration laws for periods of as long as 45 to 60 minutes when detentions of that length are necessary to allow for the arrival of Border Patrol agents who are needed for the informed federal disposition of the suspected violations.
Immigration Emergency Fund
The $20 million that the Immigration and Naturalization Act makes available, in the Immigration Emergency Fund, for reimbursement of states and localities for certain immigration-related assistance is available annually, not just one time during the life of the IEF.
Whether the District of Columbia’s Clean Air Compliance Fee May Be Collected From the Federal Government
The District of Columbia’s Clean Air Compliance Fee is a tax and may not be imposed on the federal government, because the D.C. Council lacks authority to impose taxes on the property of the United States.