Opinions

Opinions

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Title Headnotes
Authority of State Officials to Share Motor Vehicle Record Information With the Department of Defense or Its Contractors

The Drivers’ Privacy Protection Act permits state Department of Motor Vehicles offices to release covered information in motor vehicle records to both the Department of Defense and private entities acting on DoD’s behalf, provided that the records are used for a statutorily approved purpose of DoD, such as military recruitment.

Emoluments Clause and World Bank

An international organization in which the United States participates, such as the International Bank for Reconstruction and Development, is not a “foreign State” under the Emoluments Clause, U.S. Const. art. I, § 9, cl. 8.

Obligation to Sell Governors Island

The statutory requirement that the Administrator of General Services sell Governors Island at fair market value continues to apply notwithstanding the President’s subsequent reservation of Governors Island as a national monument under the Antiquities Act.

Regulation of an Inmate’s Access to the Media

So long as the Bureau of Prisons’ decision to regulate an inmate’s access to the news media is reasonably related to the legitimate penological interests articulated in the applicable regulations, the Bureau of Prisons may bar face-to-face media interviews or videotaped media interviews with an inmate, or place other reasonable conditions and restrictions on such interviews.

Authority of the President to Remove the Staff Director of the Civil Rights Commission and Appoint an Acting Staff Director

The President has the authority to remove the Staff Director of the United States Commission on Civil Rights and to appoint an Acting Staff Director. 

Applicability of APA Notice and Comment Procedures to Revocation of Delegation of Authority

The Secretary of Commerce may revoke a delegation to the Director of the Census without submitting the revocation to the notice and comment procedures of the Administrative Procedure Act, notwithstanding the fact that the Secretary voluntarily elected to follow those procedures in issuing the delegation.

Applicability of the Antideficiency Act to a Violation of a Condition or Internal Cap Within an Appropriation

Any expenditure of funds in violation of a condition or internal cap in an appropriations act would generally constitute a violation of the Antideficiency Act.

General Services Administration Use of Government Funds for Advertising

Section 632 of the Treasury, Postal Service, Executive Office of the President, and General Government Appropriations Act of 2000, which prohibits the use of appropriated funds for “publicity or propaganda purposes,” does not prohibit the General Services Administration from using appropriated funds to support a reasonable and carefully-controlled advertising campaign that serves the goal of informing other federal agencies about the products and services it offers.

The principles set forth in some opinions of the Comptroller General addressing limitations on advertising by federal agencies beyond the “publicity or propaganda” rider would not prohibit the GSA’s advertisements to other agencies.

Investment of Federal Trust Funds for Cheyenne River and Lower Brule Sioux

Congress intended the term “interest” in title VI of the Water Resources Development Act of 1999 to have its usual and customary meaning: the coupon rate of the debt obligation.

The universe of “available obligations” under title VI of the Water Resources Development Act of 1999 includes obligations of government corporations and government-sponsored entities whose charter statutes provide that their obligations are lawful investments for federal trust funds.

The fiduciary duty owed pursuant to a federal trust fund is defined and limited by the terms of the statute creating the trust.

NOAA Corps Eligibility for Professional Liability Insurance Costs Reimbursement

Members of the NOAA Commissioned Corps may constitute qualified employees eligible for professional liability insurance cost reimbursement under a federal appropriations statute, if they otherwise satisfy the statutory definition for “law enforcement officer,” “supervisor,” or “management official.” 

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