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Title Headnotes
Authority of Education Department Administrative Law Judges in Conducting Hearings

Administrative law judges within the Department of Education, being employees of the Department, do not have authority to conduct administrative hearings in a manner contrary to the Department’s rules, to invalidate such rules, or to interpret such rules in a manner contrary to the Secretary’s interpretation.

Executive Branch Encouragement of Contributions to a Nicaraguan Opposition Party

No provision of United States law precludes the President or members of his Administration from encouraging private parties to contribute funds to the National Opposition Union, a Nicaraguan political party, for use in the scheduled Nicaraguan elections.

The Effect of an Appropriations Rider on the Authority of the Justice Department to File a Supreme Court Amicus Brief

A rider in the 1990 appropriations legislation for the Justice Department, the Federal Communications Commission, and other agencies that provides that no funds appropriated by that legislation may be used to repeal, modify, or reexamine certain FCC policies does not forbid the Justice Department from filing a Supreme Court amicus brief in a case in which those policies are at issue.

Authority of the Federal Financing Bank to Provide Loans to the Resolution Trust Corporation

The Resolution Trust Corporation is a “federal agency” within the meaning of the Federal Financing Bank Act of 1973, and the RTC is authorized to issue financial obligations under the Federal Home Loan Bank Act. Accordingly, under the FFB Act the Federal Financing Bank is authorized to provide loans to the RTC.

Congressional Request for Appointment Calendars of a Former GSA Official

Under General Services Administration records retention regulations, the appointment calendars of current and former GSA officials are personal records and personal property, rather than official records and government property. Accordingly, under the facts presented, the GSA should return a former GSA official’s calendars to him. The former official, not the GSA, is responsible for responding to a congressional committee’s request for the calendars.

Issues Raised by Foreign Relations Authorization Bill

Provision in foreign relations authorization bill conditioning an authorization for appropriations on the requirement that an entity controlled by the legislative branch be included at Conference on Security and Cooperation in Europe negotiations would unconstitutionally infringe on the President’s exclusive authority to conduct negotiations on behalf of the United States abroad and unconstitutionally deprive the President of his constitutionally mandated control over the disclosure of the content of negotiations.

The unconstitutional condition may be severed from the remainder of the provision authorizing appropriations and the rest of the bill.

At least in the context of legislation that infringes on the separation of powers, the President has the constitutional authority to refuse to enforce a statutory provision that he believes is unconstitutional. Because this unconstitutional requirement is severable, the President may enforce the remainder of the provision, while refusing to enforce the unconstitutional portion.

Presidential Authority to Extend Deadline for Submission of an Emergency Board Report Under the Railway Labor Act

The President may require an Emergency Board under the Railway Labor Act to submit its report before the statutory deadline, but he may not extend that thirty-day deadline unless the parties involved have entered into a side agreement extending the status quo period during which they refrain from self-help.

There is substantial doubt as to whether a court would conclude that such a side agreement between the parties not to resort to self-help is equitably enforceable under the Norris-LaGuardia Act.

The President does not have the authority to impose a second status quo period by convening a second Emergency Board or reconvening the original Board.

Application of Federal Advisory Committee Act to Editorial Board of Department of Justice Journal

An outside advisory or editorial board for a new Department of Justice publication would be subject to the Federal Advisory Committee Act if it deliberated as a body in order to formulate recommendations, but would not be subject to FACA if each individual member reviewed submissions to the journal and gave his or her own opinion about publication.

Authority to Use Funds from Fiscal Year 1990 Appropriation to Cover Shortfall from Prior Award Year’s Pell Grant Program

The Pell Grant Program’s lump sum appropriation for fiscal year 1990 may be used to pay the deficiencies in the program’s funding for the 1989–90 award year.

Application of Conflict of Interest Rules to Members of Department of Health and Human Services Advisory Committee

Neither the law nor the Department of Health and Human Services’ Standards of Conduct constrain a member of the Advisory Council on Social Security from lobbying the Department on behalf of private clients with respect to policy issues that are being addressed by the Council. Whether to retain the prudential restrictions barring such lobbying that have been imposed by the Department’s ethics official is a discretionary issue for the Secretary.


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