Memoranda & Opinions |
Overview of Document |
LEGAL STANDARDS APPLICABLE UNDER 18 U.S.C. §§ 2340-2340A
18usc23402340a2.htm
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This opinion interprets the federal criminal prohibition against torture codified at 18 U.S.C. §§ 2340-2340A. It supersedes in its entirety the August 1, 2002 opinion of this Office entitled Standards of Conduct under 18 U.S.C. §§ 2340-2340A.
That statute prohibits conduct "specifically intended to inflict severe physical or mental pain or suffering." This opinion concludes that "severe" pain under the statute is not limited to "excruciating or agonizing" pain or pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death."
The statute also prohibits certain conduct specifically intended to cause "severe physical suffering" distinct from "severe physical pain."
December 30, 2004 |
POLITICAL BALANCE REQUIREMENT FOR THE CIVIL RIGHTS COMMISSION
12062004_crcbalance.pdf |
In appointing a new member to the United States Commission on Civil Rights, in order to comply with the statutory requirement that “[n]ot more than 4 of the members shall at any one time be of the same political party,” the President should look to the party affiliation of the other members at the time the new member is appointed.
December 6, 2004 |
TERMS OF MEMBERS OF THE CIVIL RIGHTS COMMISSION
11302004_crcterms.pdf |
Under 42 U.S.C. § 1975, the six-year term of a member of the United States Commission on Civil Rights begins upon the expiration of his or her predecessor's term, even if the succeeding member is appointed some time after the predecessor's term ends.
November 30, 2004 |
APPLICABILITY OF SECTION 504 OF THE REHABILITATION ACT TO A TRIBALLY CONTROLLED SCHOOL
tribal_op_final_signed_11_16_04.pdf |
Section 504 of the Rehabilitation Act generally applies to tribally controlled schools that receive federal financial assistance from the Department of Justice.
November 16, 2004 |
USE OF APPROPRIATIONS TO PAY TRAVEL EXPENSES FOR AN INTERNATIONAL TRADE ADMINISTRATION FELLOWSHIP PROGRAM
31usc1345.pdf
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The payment of travel expenses for International Trade Administration fellows is barred by 31 U.S.C. § 1345 because the proposed ITA fellowship program that would bring representatives from various countries to the United States would constitute a “meeting” within the meaning of section 1345.
October 7, 2004 |
LEGALITY OF EEOC'S CLASS ACTION REGULATIONS
usps-eeoc-092004.pdf |
The Office of Legal Counsel has the authority to resolve the legal questions the Postal Service raised with respect to the Equal Employment Opportunity Commission's class action regulations.
The Equal Employment Opportunity Commission's class action regulations applicable to administrative complaints against federal government agencies are not contrary to Title VII in the manners suggested by the United States Postal Service: the regulations do not purport to prevent claimants from filing actions in federal court; they do not frustrate the statutory exhaustion requirement; and they do not forestall the running of the limitations period.
September 20, 2004 |
AUTHORITY OF HUD’S CHIEF FINANCIAL OFFICER TO SUBMIT FINAL REPORTS ON VIOLATIONS OF APPROPRIATIONS LAWS
hud-cfo-rpt-authority.pdf |
The Consolidated Appropriations Resolution for Fiscal Year 2003 requires the Chief Financial Officer of the Department of Housing and Urban Development to report to the President and Congress on violations by the agency of the Anti-Deficiency Act and other appropriations laws concerning expenditures, but the CFO must first submit his reports to the Secretary of HUD for review and approval.
August 31, 2004 |
ETHICS ISSUES RAISED BY THE RETENTION AND USE OF FLIGHT PRIVILEGES BY EMPLOYEES OF THE FAA
faaflightprivilegesopinion-final.pdf
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Although flight privileges generally do not require disqualification under 18 U.S.C. § 208 from all matters involving the relevant air carrier, a Federal Aviation Administration employee who holds such flight privileges must disqualify him or herself from particular matters where FAA action may have a direct and predictable effect on the relevant air carrier's ability to honor the employee's flight privileges.
An employee with flight privileges and the airline that provided them have a "covered relationship" that must be analyzed under an Office of Government Ethics regulation (5 C.F.R. § 2635.502) to determine whether the employee's participating in a matter involving that airline would create an "appearance problem." The regulation entrusts the agency and the employee to make that determination based on the facts of a particular case.
Although flight privileges could constitute a "payment" within the meaning of another OGE regulation (5 C.F.R. § 2635.503), and therefore must be analyzed under the regulation, they do not constitute an "extraordinary payment" under the described circumstances.
Flight privileges are not a type of interest that would qualify as "stock" or "any other securities interest" under a Department of Transportation regulation (5 C.F.R. § 6001.104(b)) that supplements the OGE impartiality regulations.
August 30, 2004 |
REQUIREMENT THAT "PRIVATE CITIZENS" BE APPOINTED FROM "PRIVATE LIFE" TO THE NATIONAL COUNCIL FOR THE HUMANITIES
nchapptmtopinion-final.pdf
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Because state and local public officials, including a county commissioner, are not "private citizens" who would be appointed "from private life" within the ordinary meaning of those terms in 20 U.S.C. § 957(b), such officials are disqualified from appointment to the National Council for the Humanities.
August 27, 2004 |
WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT
secondamendment2.pdf
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The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.
August 24, 2004 |
EXPENDITURE OF APPROPRIATED FUNDS FOR INFORMATIONAL VIDEO NEWS RELEASES
opfinal.htm
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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."
July 30, 2004
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AUTHORITY TO PRESCRIBE REGULATIONS LIMITING THE PARTISAN POLITICAL ACTIVITIES OF THE COMMISSIONED OFFICERS CORPS IN THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
5usc301.pdf
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The Department of Commerce may prescribe regulations limiting the partisan political activities of the Commissioned Officers Corps in the National Oceanic and Atmospheric Administration.
July 29, 2004
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APPLICABILITY OF ANTI-DISCRIMINATION STATUTES
TO THE PRESIDIO TRUST
presidio-trust062204.pdf |
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.
June 22, 2004 |
APPLICATION OF 18 U.S.C. 207(f) TO A FORMER SENIOR EMPLOYEE
oge_op2_22jun04.htm
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18 U.S.C. ' 207(f) 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.
June 22, 2004 |
AUTHORITY OF AGENCY OFFICIALS TO PROHIBIT EMPLOYEES FROM PROVIDING INFORMATION TO CONGRESS
crsmemoresponsese.htm
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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.
May 21, 2004 |
STATUS OF NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION
nvbdcop2.htm
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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.
March 19, 2004 |
"PROTECTED PERSON" STATUS IN OCCUPIED IRAQ UNDER THE FOURTH GENEVA CONVENTION
gc4mar18.pdf
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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.
March 18, 2004 |
APPORTIONMENT OF FALSE CLAIMS ACT RECOVERIES TO AGENCIES
falseclaimsrecoveries_mar12final.pdf
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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.
March 12, 2004 |
LIABILITY OF CONTRACTORS IN AIRBRIDGE DENIAL PROGRAMS
airbridgestate.pdf |
A contractor ordinarily will not be criminally liable for assisting in certain foreign government programs for the aerial interdiction of illegal narcotics traffic.
March 1, 2004 |
STATUS OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION
fcsc_status_02202004.pdf |
The Foreign Claims Settlement Commission is subject to the Attorney General's direction in administrative matters, except where that direction would interfere with the Commission's independence in adjudicating claims.
February 20, 2004 |
