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Opinions
Authority to Exempt Programs Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
The Attorney General may not exempt California’s prenatal care program under § 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 because eligibility for, and the recipient’s share of the cost of benefits provided by, that program are conditioned on the recipient’s income.
Procedural Rights of Undocumented Aliens Interdicted in U.S. Internal Waters
Undocumented aliens seeking to reach the United States aboard a vessel that has reached the internal waters of the United States at the time of interdiction, but who have not come ashore on United States “dry land,” are not entitled to deportation proceedings or other proceedings under the Immigration and Nationality Act.
Apprehension of such aliens in the internal waters of the United States solely for the purpose of interdicting or repulsing their attempt to enter the United States unlawfully does not constitute an “arrest” under section 287(a)(2) of the Immigration and Nationality Act and would not require the institution of exclusion or other proceedings under the Act.
If such aliens are brought ashore on United States dry land, they would acquire the status of “applicants for admission” and would have to be inspected and screened pursuant to section 23S of the Immigration and Nationality Act.
Service on the Board of Directors of Non-Federal Entities by Federal Bureau of Investigation Personnel in Their Official Capacities
Section 208 of title 18 prohibits a Federal Bureau of Investigation employee from serving on the board of directors of an outside organization in his or her official capacity, unless the service is authorized by statute or the employee obtains either a release of fiduciary obligations by the organization or a waiver of the requirements of section 208.
Legal Effectiveness of Congressional Subpoenas Issued After an Adjournment Sine Die of Congress
A congressional subpoena issued after an adjournment sine die of Congress lacks any legal force and effect and does not impose any legal obligation to comply with the subpoena.
UN Draft Declaration on the Rights of Indigenous Groups
The Constitution would not bar the federal government from establishing the kind of govemment-to-govemment relationship it presently maintains with federally recognized Indian tribes with other appropriately constituted indigenous communities within the jurisdiction of the United States.
Eligibility of a Noncitizen Dual National for a Paid Position Within the Department of Justice
The Department of Justice must determine the “dominant, effective” nationality of a noncitizen with dual nationality to determine that person’s eligibility for a paid position in the Department under section 606 of the Treasury, Postal Service, and General Government Appropriations Act, 1997.
Department of Justice Participation on the Internal Revenue Service Undercover Review Committee
Disclosure of tax return information to a Department of Justice attorney serving on the Undercover Review Committee of the Internal Revenue Service is permissible under § 6103 of title 26 of the United States Code as a limited referral for legal advice.
The Constitutionality of Cooperative International Law Enforcement Activities Under the Emoluments Clause
The Emoluments Clause of the Constitution does not bar a proposed cooperative maritime counternarcotics operation, because the foreign naval personnel assisting U.S. law enforcement personnel would not hold an “Office of Profit or Trust” under the United States.
Assertion of Executive Privilege for Memorandum to the President Concerning Efforts to Combat Drug Trafficking
Executive privilege may properly be asserted with respect to a memorandum to the President from the Director of the Federal Bureau of Investigation and the Administrator of the Drug Enforcement Administration containing confidential advice and recommendations regarding efforts to combat drug trafficking. The memorandum was subpoenaed by the Subcommittee on National Security, International Affairs and Criminal Justice of the Committee on Government Reform and Oversight of the House of Representatives.
Submission of Aviation Insurance Program Claims to Binding Arbitration
In insurance policies issued to air carriers pursuant to authority arising under chapter 443 of title 49, the Secretary of Transportation may include “50-50 clauses,” which require that disputes between insurers over coverage liability be submitted to binding arbitration unless the insurers are able to negotiate a settlement in advance, if the use of such clauses is an accepted practice in the aviation insurance business.
49 U.S.C. § 44309 does not preclude the use of binding arbitration to resolve disputes regarding the liability of the United States for losses insured under chapter 443.
50-50 clauses included in insurance policies issued under chapter 443 may include a provision for arbitration under state or foreign law if it is a common practice of the commercial insurance business to resolve liability disputes by reference to the decisional rules of a non-federal sovereign.