Opinions
Removal of Holdover Officials Serving on the Federal Housing Finance Board and the Railroad Retirement Board
The President may remove, without cause, members of the Federal Housing Finance Board and the Railroad Retirement Board who are serving in holdover capacities and do not enjoy express tenure protection by statute.
Authority of Military Exchanges to Lease General Purpose Office Space
The Navy Exchange Service Command, a nonappropriated fund instrumentality, and similar military exchange units constitute integral components of the Department of Defense, and their leasing authority, like that of other DoD components, is subject to the provisions of Reorganization Plan No. 18 of 1950, notwithstanding their status as NAFIs. Accordingly, they are not authorized to lease general purpose urban office space unless such authority is delegated to them by the General Services Administration.
Administrative Assessment of Civil Penalties Against Federal Agencies Under the Clean Air Act
The Clean Air Act authorizes the Environmental Protection Agency administratively to assess civil penalties against federal agencies for violations of the Act or its implementing regulations.
Separation of powers concerns do not bar EPA’s exercise of this authority, because it can be exercised consistent with the Constitution.
Funding of State Department Settlements of Foreign Tort Claims
Because 22 U S.C. § 2669(f) expressly authorizes the Secretary of State to pay settlements of foreign tort claims from funds appropriated for the activities included in the State Department Basic Authorities Act or from funds “otherwise available,” the payment of such settlements is “otherwise provided for” within the meaning of 31 U.S.C. § 1304(a), and therefore the Judgment Fund is not available for the payment of such settlements.
Applicability of 18 U.S.C. § 208 to the Federal Communications Commission’s Representative on the Board of Directors of the Telecommunications Development Fund
Because the Telecommunications Development Fund is a non-profit entity that is owned, funded, and controlled by the federal government, it is not an “organization” within the meaning of 18 U S.C. § 208. Therefore, the restrictions in § 208 do not apply to the service of the Federal Communications Commission’s General Counsel on the Board of Directors of the Fund.
National Archives Access to Taxpayer Information
Neither the Secretary of the Treasury nor the President can permit the National Archives and Records Administration to inspect tax returns or return information pursuant to 44 U.S.C. § 2906(a)(2) for purposes of appraising the records.
Service by Federal Officials on the Board of Directors of the Bank for International Settlements
18 U.S.C. § 208(a) does not prohibit the Chairman of the Federal Reserve Board and the President of the Federal Reserve Bank of New York from serving in their official capacities on the Board of Directors of the Bank for International Settlements.
Immunity of Smithsonian Institution From State Insurance Laws
The federal government immunity arising from the Supremacy Clause of the Constitution renders the Smithsonian Institution constitutionally immune from state insurance laws and state licensing requirements that would otherwise apply to its issuance of gift annuities.
Applicability of Executive Order No. 12976 to the FDIC
Neither the Federal Deposit Insurance Corporation’s broad discretion to determine the compensation of its employees nor its status as an independent agency exempts the FDIC from the requirements of Executive Order No. 12976.
Personal Satisfaction of Immigration and Nationality Act Oath Requirement
Section 504 of the Rehabilitation Act does not require accommodation for persons unable to form the mental intent necessary to take the naturalization oath of allegiance prescribed by section 337 of the Immigration and Nationality Act.
The oath requirement of section 337 may not be fulfilled by a guardian or other legal proxy.