Opinions

Opinions

Displaying 1 - 10 of 30
Title Headnotes
Applicability of 18 U.S.C. § 205(a)(2) to Representation Before Non-Federal Agency

18 U.S.C. § 205(a)(2), which bars a Federal employee from acting as an agent or attorney before any “agency . . . in connection with any covered matter in which the United States is a party or has a direct and substantial interest,” applies only to Federal agencies and does not apply to state agencies or agencies of the District of Columbia.

Authority of the Advisory Board for Cuba Broadcasting to Act in the Absence of a Presidentially Designated Chairperson

The advisory Board for Cuba Broadcasting has the authority to meet and to conduct business without a presidentially designated chairperson or an acting chairperson.

The advisory Board for Cuba Broadcasting does not have the authority to elect an acting chairperson. 

Legal Effectiveness of a Presidential Directive, as Compared to an Executive Order

A presidential directive has the same substantive legal effect as an executive order. It is the substance of the presidential action that is determinative, not the form of the document conveying that action.

Both an executive order and a presidential directive remain effective upon a change in administration, unless otherwise specified in the document, and both continue to be effective until subsequent presidential action is taken.

Starting Date for Calculating the Term of an Interim United States Attorney

Under 28 U.S.C. § 546(c)(2), the 120-day term of an interim United States Attorney appointed by the Attorney General is calculated from the date of the appointment, rather than the date on which the vacancy occurred.

Enforcement of INA Employer Sanctions Provisions Against Federal Government Entities

Section 274A of the Immigration and Nationality Act, which establishes employer verification requirements and authorizes the Immigration and Naturalization Service to take enforcement actions against employers for failure to comply with those requirements, authorizes imposition of employer sanctions against federal government entities.

The INS can exercise this enforcement authority against persons and entities within all three branches of the federal government in a manner consistent with the Constitution.

Date of Appointment for Purposes of Calculating the Term of an Interim United States Attorney

The appointment date of an interim United States Attorney appointed by the Attorney General is established by the Attorney General’s intent, and here the form of order used by the Attorney General expressly states her intent—that the appointment is made upon satisfaction of the conditions that the office is vacant and that the designee has taken the oath of office.

Continuation of Federal Prisoner Detention Efforts During United States Marshals Service Appropriation Deficiency

It is doubtful that the “authorized by law” exception to the Antideficiency Act would allow the United States Marshals Service to continue to provide prisoner detention-related functions during a deficiency in its Federal Prisoner Detention budget, but it is likely that the “emergency” exceptions set forth in § 1342 and § 1515 of that statute would apply, in many, if not all, circumstances.

Applicability of the Federal Vacancies Reform Act to Vacancies at the International Monetary Fund and the World Bank

The United Slates Executive Director and the Alternate United States Executive Director at the International Monetary Fund and the World Bank are not part of an Executive agency, and therefore vacancies in those offices are not covered by the Federal Vacancies Reform Act.

Authority for Military Police to Issue Traffic Citations to Motorists on Bolling Air Force Base

Military police have the authority to issue citations, enforceable in federal court, to motorists who violate traffic laws on Bolling Air Force Base.

Congress has given the General Services Administration limited authority over military installations for the narrow purpose of issuing and enforcing the regulations related to motor vehicle violations.

EPA Assessment of Penalties Against Federal Agencies for Violation of the Underground Storage Tank Requirements of the Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act authorizes the Environmental Protection Agency to assess penalties against federal agencies for violations of RCRA’s underground storage tank provisions. EPA’s underground storage tank field citation procedures do not violate RCRA or the Constitution.

Pages

Subscribe to Opinions

Was this page helpful?

Was this page helpful?
Yes No