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Officers of the United States Within the Meaning of the Appointments Clause

A position to which is delegated by legal authority a portion of the sovereign powers of the federal Government and that is “continuing” is a federal office subject to the Constitution's Appointments Clause. A person who would hold such a position must be properly made an “Officer[] of the United States” by being appointed pursuant to the procedures specified in the Appointments Clause.

Use of Appropriated Funds to Provide Light Refreshments to Non-Federal Participants at EPA Conferences

Light refreshments are “subsistence expenses” to which the prohibition of 31 U.S.C. § 1345 applies, and various statutory provisions that authorize the Environmental Protection Agency to hold meetings, conduct training and provide grants do not satisfy the “specifically provided by law” exception to the prohibition.

A violation of section 1345 does not, by its own force, also violate the Anti-Deficiency Act.

Status of 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

Fees that attendees at agency-sponsored conferences pay to private event planners for items of personal convenience provided by the planners are not subject to the Miscellaneous Receipts Act, 31 U.S.C. § 3302(b).

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.

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