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Applicability of the Miscellaneous Receipts Act to Personal Convenience Fees Paid to a Contractor by Attendees at Agency-Sponsored Conferences

“Personal convenience” fees that attendees at agency-sponsored conferences pay to private contractors are not subject to the Miscellaneous Receipts Act.

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.

Application of the Appointments Clause to a Statutory Provision Concerning the Inspector General Position at the Chemical Safety and Hazard Investigation Board

A statutory provision declaring that the Inspector General of the Environmental Protection Agency “shall, by virtue of such appointment, also hold the position of Inspector General” of the Chemical Safety and Hazard Investigation Board does not violate the Appointments Clause of the Constitution, because it constitutes the permissible addition of germane duties to an office, rather than appointment to a new office.

Divestiture of Stock and Purchase of Government Bonds by an Incoming Secretary of the Treasury

The incoming Secretary of the Treasury may purchase government bonds with the proceeds of a stock sale pursuant to a certificate of divestiture properly issued under 26 U.S.C. § 1043 and without violating the prohibition of 31 U.S.C. § 329, provided that he purchases the bonds after his commis-sion is signed by the President but before he takes the oath of office or enters on his duties as Secretary of the Treasury.

Legal Authorities Supporting the Activities of the National Security Agency Described by the President

The activities described by the President, in which he has authorized the National Security Agency to intercept international communications into or out of the United States of persons linked to al Qaeda or an affiliated terrorist organization are lawful in all respects.

The President’s use of his constitutional authority, as supplemented by statute in the Authorization for Use of Military Force enacted on September 18, 2001, is consistent with the Foreign Intelligence Surveillance Act and is also fully protective of the civil liberties guaranteed by the Fourth Amendment.

Financial Interests of Nonprofit Organizations for Purposes of 18 U.S.C. § 208

Under 18 U.S.C. § 208, a nonprofit organization does not have a “financial interest” in a particular matter solely by virtue of the fact that the organization spends money to advocate a position on the policy at issue in the matter.

Application of the Miscellaneous Receipts Act to the Settlement of False Claims Act Suits Concerning Contracts With the General Services Administration

The Miscellaneous Receipts Act allows the General Services Administration to retain as a “refund to appropriations” the entire amount representing actual damages paid by the Sprint Corporation and Worldcom, Inc. in settlement for overcharging the federal government for telecommunications services under contracts with GSA.

Application of 18 U.S.C. § 1913 to “Grass Roots” Lobbying by Union Representatives

Under 18 U.S.C. § 1913, federal employees who are union representatives may not use official time to engage in “grass roots” lobbying in which, on behalf of their unions, they ask members of the public to communicate with government officials in support of, or opposition to, legislation or other measures.

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