Opinions
Application of 18 U.S.C. § 208 to Service by Federal Officials on the District of Columbia Downtown Business Improvement District Corporation Board of Directors
A federal official serving on the Board of Directors of the District of Columbia Downtown Business Improvement Distnct Corporation in his or her official capacity is not a director of an outside organization within the meaning of 18 U.S C § 208, and therefore the official’s service is not barred by § 208.
Ineligibility of New Jersey Transit Corporation Board Member for Appointment to Amtrak Board of Directors
A public member of the Board of Directors of the New Jersey Transit Corporation constitutes a representative of rail management under section 411(a) of the Amtrak Reform and Accountability Act of 1997 and is therefore ineligible for appointment to the Amtrak Board of Directors.
Administrative Settlement of Disputes Concerning Determinations of Mineral Royalties Due the Government
The Department of the Interior is authorized, before the completion of an administrative appeal, to settle disputed determinations of mineral royalties due the Government exceeding $100,000 made by the Minerals Management Service without obtaining the approval of the Justice Department under the Federal Claims Collection Act.
Constitutional Concerns Raised by the Collections of Information Antipiracy Act
The proposed Collections of Information Antipiracy Act raises difficult and novel constitutional questions concerning Congress’s power to restrict the dissemination of information. Congress may not, pursuant to the Intellectual Property Clause of the Constitution, create “sweat of the brow” protection for compiled facts, at least insofar as such protection would extend to what the Supreme Court has termed the nonoriginal portion of such a compilation. Either or both the Intellectual Property Clause and the First Amendment may impose limitations on the exercise of congressional power under the Commerce Clause that would raise serious constitutional concerns regarding the constitutionality of the bill.
Appropriate Source for Payment of Judgments and Settlements in United States v. Winstar Corp.
The Federal Savings and Loan Insurance Corporation Resolution Fund is the appropriate source of payment for judgments against, and settlements by, the United States in United States v Winstar Corp. and similar cases arising from the breach of certain agreements to which the Federal Savings and Loan Insurance Corporation was a party.
Waiver of Statutes of Limitations in Connection With Claims Against the Department of Agriculture
The Supreme Court’s decision in Irwin v. Department of Veterans Affairs made no alteration in the fundamental rules governing waivers of sovereign immunity in a ctions against the United States. Irwin and the cases following it therefore provide no support for the novel conclusion that the executive branch has the discretion to dispense with a congressionally mandated statute of limitations in litigation or the compromise of claims. Unless Congress provides to the contrary, adherence to the relevant statute of limitations remains a strict and non-waivable condition on suits against the federal government.
Enactment of legislation authorizing the payment of claims barred by the statute of limitation s under the Equal Credit Opportunity Act is the necessary and constitutionally appropriate means of satisfying such claims.
Access to Criminal History Records by Non-Governmental Entities Performing Authorized Criminal Justice Functions
Non-govemmental entities performing authorized criminal justice functions under contract with government law enforcement agencies may be granted access to criminal history records maintained under the authority of 28 U.S.C. § 534, subject to effective controls to guard against unauthorized use and to ensure effective oversight by the Department of Justice.
Because Department of Justice regulations implementing 28 U.S C. § 534 do not affirmatively authorize dissemination of criminal history records to non-govemmental entities under contract to assist law enforcement agencies, those regulations should be amended to provide such authorization before access is granted to those entities.
Appointment of Vice Chair of Federal Reserve Board to Serve Concurrently as Chair of the District of Columbia Financial Responsibility and Management Assistance Authority
The Vice Chair of the Federal Reserve Board may also serve as Chair of the District of Columbia Financial Responsibility and Management Assistance Authority without violating sections 205 or 208 of title 18. Her dual service would also have to comply with the Federal Reserve Act’s “entire-time” requirement.
Permissibility Under Posse Comitatus Act of Detail of Defense Department Civilian Employee to the National Infrastructure Protection Center
The proposed detail of a civilian employee of the Department of Defense to the National Infrastructure Protection Center, a component of the Federal Bureau of Investigation, is permissible under the Posse Comitatus Act.
Whistleblower Protections for Classified Disclosures
A Senate bill addressing the disclosure to Congress of classified “whistleblower” information concerning the intelligence community is unconstitutional because it would deprive the President of the opportunity to determine how, when and under what circumstances certain classified information should be disclosed to Members of Congress.
A House bill addressing the same subject is constitutional because it contains provisions that allow for the exercise of the President’s constitutional authority.