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Opinions
Expenditure of Appropriated Funds for Informational Video News Releases
Informational video news releases produced by the Department of Health and Human Services regarding the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 do not constitute impermissible “covert propaganda” in violation of the Consolidated Appropriations Resolution, 2003, which forbids the expenditure of appropriated funds for “publicity or propaganda purposes.”
Authority to Prescribe Regulations Limiting the Partisan Political Activities of the Commissioned Officers Corps in the National Oceanic and Atmospheric Administration
The Department of Commerce may prescribe regulations limiting the partisan political activities of the Commissioned Officers Corps in the National Oceanic and Atmospheric Administration.
Application of 18 U.S.C. § 207(f) to a Former Senior Employee
Title 18, section 207(f) of the U.S. Code prohibits a former senior employee of an executive branch department from representing a foreign entity before members of Congress within one year of the termination of his employment.
Applicability of Anti-Discrimination Statutes to the Presidio Trust
The issue the Presidio Trust has presented is of the sort that Executive Order 12146 calls upon the Attorney General, and hence the Office of Legal Counsel, to resolve.
The Presidio Trust is exempt from section 717 of Title VII of the Civil Rights Act of 1964 and section 15 of the Age Discrimination in Employment Act of 1967 to the extent that these statutes apply to the appointment, compensation, duties, or termination of Trust employees, but not otherwise.
Authority of Agency Officials to Prohibit Employees From Providing Information to Congress
Consistent with longstanding Executive Branch positions, Department of Health and Human Services officials have the authority to prohibit officers or employees of the Department from providing information to Congress.
Status of National Veterans Business Development Corporation
The National Veterans Business Development Corporation is a “Government corporation” under 5 U.S.C. § 103 and an “agency” under 31 U.S.C. § 9102.
Mechanisms for Funding Intelligence Centers
Agencies may use the Economy Act to pay for facilities and services provided by the Terrorist Threat Integration Center and the Terrorist Screening Center.
It is within the reasonable discretion of fiscal officers to compute the “actual cost” to be charged for those facilities and services.
“Protected Person” Status in Occupied Iraq Under the Fourth Geneva Convention
The Geneva Convention Relative to the Protection of Civilian Persons in Time of War (IV) governs the United States occupation of Iraq.
The following persons, if captured in occupied Iraq, are not “protected persons” within the meaning of article 4 of the Fourth Geneva Convention: U.S. nationals, nationals of a State not bound by the Convention, nationals of a co-belligerent State, and operatives of the al Qaeda terrorist organization who are not Iraqi nationals or permanent residents of Iraq.
Deployment of United States Armed Forces to Haiti
The President has authority to order the deployment of the armed forces to Haiti in order to protect American citizens there.
The deployment is consistent with the War Powers Resolution.
Apportionment of False Claims Act Recoveries to Agencies
Whether an agency’s revolving fund is entitled to receive from a False Claims Act recovery (in addition to single damages equal to the actual amount of the payment made as a result of the false claim) pre-judgment or pre-settlement interest on that payment and investigative and administrative costs attributable to the false claim depends on whether the fund is authorized to borrow money at interest, earn interest on its own investments, and pay its own investigative and administrative expenses.