1998 LIST OF OPINIONS
January 1998 through December 1998

L

2.

Counsel to the Preside~t Memorandum regarding Proposed nomination of[tDimJ
IG>l&J an
(b) (5)
. (issued 1128/98) (Patricia Small)

3.

Associate Attorney General: Memorandum regarding Statute of Limitations and
settlement of ECOA discrimination Claims against the Department of Agriculture.
(issued l/29/98) (Karen Stevens)

4.

Counsel to the President: Memorandum regarding Application of 5 USC§ 5503(a) to
Board of Director of the Civil Litigation Public Education Fund (Patricia Small) (issued
2/2/98)

5.

6.

(b) (5)

7.

8_.

GSA General Counsel: Memorandum regarding Applicability of 18 USC § 431 to
Limited Partnership interests in Government Leases Under proposed Modified
Transaction. (issued 3/13/98) (Paul Oetken)

9.
10.

Committee on Gov~rnmental Affairs: Testimony of Dan Koffsky concerning Vacancies
Act. (issued 3/18/98)

11.

Assistant Attorney General for Administration: Interpretation of phrase
"Recommendation that funds be put to better use" in Inspector General Act. (issued
3/20/98) (Ursula Werner)

12.

(b) (5)

13.

 15.

U.S. Attorney for Central District of California: Application of the Double Jeopardy
Clause to Disgorgement Orders under the Federal Trade Commission Act. (issued 4/9/98)

16.
17.

18.

(b) (5)

19.
20.

Principal Associate Deputv Attorney General: Possible Bases of jurisdiction for the
Department of Justice Investigate Matters relating to the Assassination of Martin
Luther King, Jr. (issued 4/20/98) (Eric Greenberg)

2L

Civil Division: Coverage Issues under the Indian Self Determination Act. (issued
4/20/98)

22.

Counsel to the President: Legality of Background Checks Before Hiring Noncareer SES
PersormeL (issued 4/30/98)

23.

(b) (5)

24.

to

Testimony to House of Representatives: Concerning Whistle Blower protection for
classified disclosure. (issued 5/20/98)

' 25.

26.

F.B.L: Effect of Posse Comitatus Act on proposal to Detail Department of Defense
Civilian Employee to the National fnfrastructure Protection Center. (issued 5/26/98) (Eric
Greenberg)

27.

28.

Counsel to the President: Appointment of Vice Chair of Federal Reserve Board to Serve
Concurrently as Chair ofD.C. Financial Responsibility and Management Authority.
(issued 6/l/98) (Eric Greenberg)

 >I

29.

Deputy Director, FBI: Letter provi9ifig legal opinion concerning-circumstances llllder
which non-governmental entities performing criminal justice functions llllder contract
with government agencies may be granted access to criminal history records information.
(issued 6/12/98) (George Smith)

30.

Associate AG: Waiver of Statutes of Limitations in Connection with Claims against the
Department of Agriculture. (Issued 6/18/98) (Greenberg/Peterson)

31.

32.

33.

34.

Deputy General Counsel, Treasury: Appropriate Source for Payment of Judgments and
Settlements in United States v. Winstar Corp., 518 U.S. 839 (1996), and Similar Cases
(issued 7/22/98) (Krass/Moss)

35.

Associate White House Counsel: Constitutional Concerns Raised by the Collections of
Information Antipiracy Act, H.R.2652. (Issued 7/28/98) (Barron)

36.

37.

Environment Division: Administrative Settlement of Royalty Determinations. (issued
7/2.8/98) (George Smith/Peterson)

38.

Counsel to the President: Whether a Public ,Member of the Board of Directors of the New
Jersey Transit Corp. is eligible for appointment to the Amtrak Board of Directors. (Issued
7/30/98) (Smith/Nolan)

39.

GSA General Counsel: 18 U.S.C. § 208 and Service on the District of Columbia
DowntoWI1 Business Improvement District Corporation Board of Directors (issued
8/7/98) (Stevens)

40.

fNS General Counsel: Section 404 of the Personal Responsibility and Work Opportunity

Reconciliation Act (issued 8/18/98) (Delahunty/Peterson/Moss)
41.

 42.

43.

General Counsel, Office of Government Ethics: Application of 18 U.S.C. § 208 to
Ser\rice on Boards of Standard-Setting Organizations (issued 8/24/98){Nolan)

44.

Deputy Attorney General: Authority of the Council for the District of Columbia to
Amend the Schedule of Heights Under Section 602(a)(6) of the Home Rule Act (issued
8/28/98) (Oetken)

45.

46.

Deputy Legal Adviser: Whether 18 U.S.C. 208 bars employees of the State Department
from serving in their official capacities on the boards of American sponsored schools
overseas (issued 91i 1/98) (Koffsky/Nolan) ,

47.

48.

Criminal Division: Proposed Revisions to Fed. R. Crim. P. 12.2 (issued 9/21/98)
(Small/Peterson)

49.

Office of Management and Budget: Authority of the Bureau of the Census to Adjust
Population Data for Purposes other than Apportionment (issued 10/7/98)
(Delahunty/Peterson)

(b) (5)

50.

51.

52.

53.

General Counsel, Exim Bank: Section 2(b)(2) of the Export/Impmt Bank Act of 1945
(issued 11/6/98) (Krass/Delahuntyffreanor)

54.

(b) (5)

55.

56.

AAG, Civil Division: Blood Products Litigation Settlement (issued 12/3/98) (Halberstmu/

Peterson)

 . ."'t, •• ,,.....

57.

General Counsel, HHS: Proposed Settlement of Diamond v. Dept. of HHS (issued
1214/98) (Stevens/Moss)

 1999 LIST OF OPINIONS
January 1999 through December 1999
1.

(b) (5)

2.

General Counsel for USPS: Memorandum re Collection of Fee for Stamped Cards (issued
1/7/99 (issued 5/7/99) (Barron/Nolan)

3.

General Counsel for FBI: Memorandum re Application of 18 U.S.C. § 205 to Employees
Serving on an Intergovernmental Personnel Act Assignment (issued on 1111199)
(Greenberg, Nolan)

4.

(b) (5)

5.

Acting General Counsel for GSA: Memorandum re Applicability of 18 U.S.C. 208 to
National Gambling Impact Study Commission (issued on 1126/99) (Delahunty/Nolan)

6.

(b) (5)

7.

Director. Departmental Ethics Office: Memorandum re Attorney's Fees (issued 2/11199)
(Barron/Nolan)

8.

(b) (5)

9.

Dept. of Veterans Affairs: Memorandum re Gulf War Veterans Health Statutes (issued
3/12/99) (Smith/Treanor) (approved for issuance)

10.

Committee on Governmental Affairs: Testimony on Vacancies Act (3/18/99) (Dan
Koffsky)

11.

General Counsels: Memorandum re General Guidance on the Federal Vacancies Reform
Act (issued 3/22/99) (Singdahlsen/Koffsky/Nolan) (approved for issuance)

12.

13.

(b) (5)

Office of Federal Housing Enterprise Oversight: Memorandum re Applicability of Trade
Secrets Act to Intragovernmental Exchange of Regulatory Information (issued 4/5/99)
(Smith/Treanor) (approved for issuance)

 14.

Committee on the Judiciary: Testimony on A Proposed Flag Desecration Constitutional
Amendment (issued 4/20/99) (Moss)

15.

Department of Commerce: Memorandum re Whether Government Reproduction of
Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act
of 1976 (issued 4/30/99) (Lederman/Moss) (approved for issuance)

16.

(b) (5)

17.

U.S. Marshals Service: Memorandum re USMS Obligation to Avoid Anticipated
Violation of the Antideficiency Act Before Seeking to Invoke Various Statutory
Exceptions (issued 5/11/99) (Lenhardt/Peterson)

18.

Department of Commerce: Memorandum re The Effect of 8 USC 1373(a) on the
Requirement Set Forth in 13 USC 9(a) that Census Officials Keep Covered Census
Information Confidential (issued 5/18/99) (Barron/Moss)

19.

US Architectural and Transportation Barriers Board: Memorandum re Accessibility
Guidelines and Federal Lease Renewals (issued 5/26/99) (Smith/Nolan/Koffsky)
(approved for issuance)

20.

Executive Clerk: Memorandum re Term of a Member of the Mississippi River
Commission (issued 5/27/99) (Koffsky/Nolan) (approved for issuance)

21.

Associate Attorney General: Constitutional and Statutory Restrictions on the Authority of
the United States to Enter Settlements Limiting the Future Exercise of Executive Branch
Discretion (issued 6/15/99) (Moss) (approved for issuance)

22.

(b) (5)

23.

(b) (5)

24.

Senate Committee on Governmental Affairs: Testimony of Randolph Moss concerning
S.1214, the Federalism Accountability Act of 1999 (issued 7/14/99) (Moss/Kehne)

25.

General Counsel for OMB: Reporting Obligation under the Federal Vacancies Reform
Act for PAS Officers Serving Under Statutory Holdover Provisions (issued 7/30/99)
(Singdahlsen/Nolan) (approved for issuance)

26.

(b) (5)

 27.

Director, Office of Attorney Personnel Management (DOJ): Eligibility of a Dual United
States Citizen for a Paid Position Within the Department of Justice (issued 8/26/99)
(Nidiry/Koffsky/Treanor)

28.

General Counsel, Treasury and Dept. of Defense: Internal Revenue Service Request for
Documents in Defense Department Possession (issued 9/1/99) (Colborn/Treanor/Koffsky)
(approved for issuance)

29.

Deputy General Counsel, Treasury: Restrictions on Travel by VOA Correspondents
(issued 9110/99)

30.

General Counsel, Federal Retirement Thrift Investment Board: MSPB Reconsideration
Non-Precedential Decisions (issued 9/13/99) (Smith/Koffsky/Moss) (approved for
issuance)

31.

Deputy General Counsel, Treasury: Applicability of 18 U .S.C. 219 to Representative
Members of Federal Advisory Committees (issued 9/15/99) (Klein/Koffsky/Nolan)
(approved for issuance)

32.

General Counsel, Dept. of Veterans Affairs: Applicability ofEEOC's Proposed Final
Rule to the Department of Veterans Affairs (issued 9/28/99) (Pillard)

33.

Director, Informaton Security Oversight Office: ISCAP Jurisdiction Over Classification
Decisions by the Director of Central Intelligence Regarding Intelligence Sources and
Methods (issued 10/5/99) (Freitas)

34.

Acting Assistant Attorney General/Civil Rights Div.: Proposed Change in EEOC
Regulations Concerning Right-to-Sue Notices for Public Sector Employees (issued
10/7/99) (Simon)

35.

Assistant Attorney General/ENRD: Tribal Restrictions of Sharing of Indigenous
Knowledge on Uses of Biological Resources (issued on 10/12/99) (Bellia)

36.

37.

(b) (5)

General Counsel of Dept. of Commerce: Participation by Processor-Owned Catcher
Vessels in Inshore Cooperatives Under the American Fisheries Act of 1998 (issued
12/10/99) (R. Werner)

 2000 LIST OF OPINIONS
January 2000 through December 2000
1.

Director, Departmental Ethics Office DOJ: Memorandum re Applicability of 18 U.S.C. §
205(a)(2) to Representation Before Non-Federal Agencies (Nidiry/Koffsky/Pillard)
(issued 1/3/2/00) (approved for issuance)

2.

Advisory Board for Cuba Broadcasting: Memorandum re Authority of the Advis01y
Board for Cuba Broadcasting to Act in the Absence of a Presidentially Designated
Chairperson (Singdahlsen/Koffsky/Pillard) (issued 1/4/00) (approved for issuance)

3.

Counsel for the President: Memorandum re Legal Effectiveness of a Presidential
Directive, as Compared to an Executive Officer (SingdahlsenJHait!Moss) (issued
1/29/00) (approved for issuance)

4.

5.

6.

Deputy Attorney General: Memorandum re Staiting Date for Calculating the 120-day
Tenn of an Interim United States Attorney Appointed by the Attorney General Under 28
U.S.C. § 546 (Singdahlsen/Koffsky!Moss) (issued on 3/10/00) (approved for issuance)

7.

General Counsel for INS: Memorandum re Enforcement of INA Employer Sanctions
Provisions Against Federal Government Entities (Werner!Pillai·d/Moss) (issued on
3/15/00) (approved for issuance)

8.

9.

10.

Deputy Attorney General: Date of Appointment for Purposes of Calculating the 120-Day
Tenn of ai1 Interim United States Attorney Appointed by the Attorney General under 28
U.S.C. § 546 (Singdahlsen/Koffsky!Moss) (issued on 3/16/00) (approved for issuance)

(b) (5)

 Prisoner Detention Effo1is in the Face of a USMS Appropriation Deficiency
(Lenhardt/Moss) (issued on 4/5/00)
13.

General Counsel Dept. of Treasurv: Memorandum re Applicability of the Federal
Vacancies Refonn Act to the United States Executive Director and Alternate Executive
Director at the International Monetary Fund and the World Bank
(Singdahlsen!Koffsky/Pillard) (issued on 4/11100) (revised on 5/11/00)

14.

General Com1sel Dept. of Treasmy: Memorandum re Applicability of the Federal
Vacancies Refonn Act to the United States Executive Director and Alternate Executive
Director at the International Monetary Fund and the World Bank
(Singdaltlsen!Koffsk:y!Pillard) (issued on 5111100)

15.

16.

Deputy General Counsel. DOD: Memorandum re Authority for Military Police to Issue
Traffic Citations to Civilians on Bolling Air Force Base (Nidiry) (issued on 6/5/00)

17.

General Counsel Dept. of Defense: Memorandum re EPA Assessment Against Federal
Agencies for Violation of the Underground Storage Tank Requirements of the Resource
Conservation and Recovery Act (Colborn/Treanor/Moss) (issued on 6/14/00) (approved
for issuance)

18.

General Counsel Chemical Safety and Hazal'<l Board: Memorandum re Division of
Powers and Responsibilities Between the Chairperson of the Chemical Safety and Hazard
Investigation Board (Bierschbach/Koffaky/Moss) (issued on 6/26/00) (approved for
issuance)

19.

General Counsel fur Dept. of Energy: Memorandum re Applicability of the PostEmployment Restrictions of 18 U.S.C. § 207(c) to Assignees Under the
Intergovernmental Personnel Act (Koffsk.J7) (issued on 6/26/00) (approved for issuance)

20.

21.

22.

23.

Director. Office of Government Ethics: Memorandum re Application of 18 U .S.C.
Section 209 to Employee-Inventors Who Receive Outside Royalty Payments

 (Koffsky/Moss) (issued on 8/14/00)
24.

Attorney General: Memorandum re \Vhether a Fonner President May Be Indicted and
Tried for the Same Offenses for Which He Was Impeached by the House and Acquitted
by the Senate (issued on 8/18/00)

25.

AAG, Criminal Division: Memorandum re Constitutionality of 18 U.S.C.A Section 1120
(Camiker/Smith) (issued on 8/31/00)

26.

27.

Acting Director. Office of Government Ethics: Memorandum re Application of 18 U.S.C.
Section 209 to Employee-Inventors Who Receive Outside Royalty Payments )
(Freitas/Koffsky) (issued on 9/7/00)

28.

Testimony: Testimony of\Villiam Treanor re the Application of the Privacy Act to the
White House (Colborn/Treanor) (issued on 9/8/0(})

29.

Inte1-ior/NOAA/Council on ENRD Quality: Memorandum re Coral Reef Resources in the
N01ihwest Hawaiian Islands (Wexler/Treanor/Koffsky) (issued on 9il5/00)

30.

NASA/OMB: Memorandum re Applicability of Government Corporation Control Act to
Gain Shaillig Benefit Agreement (Freitas!Koffsk')'/Gue1Ta) (issued on 9/18/00) (approved
for issuance)

31.

Hasteli. House: Memorandum re the Enforceability of 18 U.S.C. 1302-Infonnation
Concerning Lawful Gambling Operations-AG Opinion (Smith/Treanor/Moss) (issued on
9/25/00) (approved for issuance)

32.

Testimony: Testimony of William Treanor re H.R.4751, Entry of the Commonwealth of
Pue11o Rico into Pemw1ent Union with the U.S. (Treanor/Moss)

33.

34.

Deputy Counsel to the President Memorandum re Application of Coreligionsts
Exemption (Lede1ma11&foss) (issued on 10/12/00) (approved for issuance)

35.

Attorney General: Memorandum re A Sitting President's Amenability to Indictment and
criminal Prosecution (issued 1O/I6/00)

 36.

Office of Intelligence Policy and Review: Memorandum re Title ill Electronic
Smveillance Material and the Intelligence Connnm:tity (Bellia/Singdahlsen/1foss) (issued
on 10/17/00)

37.

38.

JMD/AFMLS/Criminal Div.: Memorandum re Payment of Awards in Excess of $250,000
:from the Department of Justice Assets Forfeiture Fund (Freitas/Koffsky/Jackson) (issued
on 10/18/00)

39.

General Comisel, Immigration & Naturalization Service: Memorandum re Section 235A
of the Immigration National Act (Morrison/Koffsky/Treanor) (issued on l 0/23/00)
(approved for issuance)

40.

Assistant General Com1sel, Dept. ofTreasmy: Memorandum re Application of 18 U.S.C.
Section 207(d) to Certain Employees of the Treasury Depai1ment (Koffr;k.-y) (issued on
11/3/00)

41.

Director. Office of Government Ethics: Memorandum re Definition of Candidate Under
18 U.S.C. Section 207(j) (SimontKoffsk-y) (issued on 11106/00) (approved for issuance)

42.

General Counsel, Department of Defense Memorandum re Withholding State Income
Tax :from Military Compensation of Native American Service Members
(Monison/Jackson/Gneffa) (issued on 1 I/22/00).

43.

General Counsel, General Services Administration: Memorandum re Use of Agency
Resources to Suppo11 Presidential Transition (Freitas) (issued on 11122/00)

44.

MG. Environment and Natural Resources Div. Memorandmn re Payment of Attorney's
Fees in Litigation (Kelme) (issued on 11/27/00)

45.

Counsel to the President: Memorandum re Authority of the Administrator of the General
Services Administration to Provide Transition Assistance (Singdahlsen/Koffsk-y) (issued
011 11128/00)

46.

Attorney General: Memorandum re Authorization for Continuing Hostilities in Kosovo
(Vlexler) (issued on 12119/00)

47.

Pai·don Attorney: Memorandum re Whether the President May Have Access to Grand
Jury Material in the Course of Exercising Discretion to Grant Pai·dons (R.Wemer) (issued
011

12/22/00)

 2001 LIST OF OPINIONS
January 2001 through December 2001
1.

2.

3.

4.

General Counsel/Dept. Of Agriculture: Memorandum re Preferences Under Subsection
7(b) of the Indian Self-Detenn:ination and Education Assistance Act
(Cedarbaum/Jackson/Guerra) (issued on 01/17/01)

5.

6.

7.

9.

10.

11.

General Counsel/GSA: Memorandum re Legality of Reimbursing the President-elect
and/or the Vice-President-elect for Transition Related Expenses Inclmed After the
General Election But Before the Administrator of General Services Had Ascertained
them as the Apparent Successful Candidates for the Office of the President and Vice
President
(R. Wemer/J. Guen-a) (issued on 01/17/01)

DiI·ector/OGE: Memorandum re Authority of the Office of Government Ethics to Issue
Touhy Regulations (GuetTa/Koffsk-y/Lee) {issued on 01/18/01)

 12.

13.

Assistant Attorney General/Adm.in. Memorandum re Applicability of the Antideficiency
At to a Violation of a Condition or Internal Cap Within an Appropriation
(Trea:nor/Gue1w/Krass/Simon) (issued on 01/19/01)

14.

15.

General Counsel/DOC: Memorandum re NOAA Corps Eligibility for Professional
Liability Costs Reimbursement (GueITa/Jachon/Smith) (issued on 01/19/01)

16.

General Counsel/TREAS: Memorandum re Investment of Federal Tmst Fm1ds for
Cheyem1e River and Lower Brule Sioux (GueITa/Koffsky/Freitas) (issued on 01/19/01)

17.

Acting General Counsel/GSA: Memorandum re Legality of Obligating Government
Funds for Advertising by the General Services Administration (Koffsky!Nidiry) (issued
on 01/19/01)

18.

19.

20.

21.

22.

23.

Acting General Counsel/DOC: Memorandum re Whether a Delegation of Authority,
Wllich has Been Promulgated by Following the Administrative Procedure Act's Notice
and Comment Provisions, May be Revoked Only by a Rule Issued through the Notice
and Comment Procedures (U. Werner) (issued on 02/14/01)
Acting General Counsel/DOC: Memorandum re Discretion of the Secretary of Commerce
to Use Statistical Sampling in Canying Out the Provisions of Title 13 (Werner)
-2-

 (issued on 02/20/01)
24.

(b) (5)

25.

26.

Associate Counsel to the President: Memorandum re Authority of the President to
Remove the Staff Director of tl1e United States Commission on Civil Rights and to
Appoint m1 Acting Staff Director (Morrison) (issued on 03/30/01)

27.

Counselor to the Attorney General: Memorandum re Regulation of an Inmate's Access to
the Media (R. Werner) (issued on 04/13/01)

28.

Acting General Counsel, GSA: Memorandum re Sale of Governors Island (Wexler)
(issued on 04/24/01)

29.

30.

Acting General Counsel: Memorandum re Application of the Drivers' Privacy Protection
Act to Militaiy Recruiting Contractors (Nidiry) (issued on 05/24/01)

31.

General COlmsel: Memorandum re Emoluments Clause and World Bank (Koffsk:y)
(issued on 05/24/01)

32.

Associate Counsel to the President: Memorandum re Applicability of Post-Employment
Restrictions in 18 U.S.C. § 207 to a F01mer Government Official Representing a Fonner
President or Vice President in Connection with the Presidential Records Act (Morrison)
(issued on 06/20/01)

33.

Associate White House Counsel: Memorandmn re Indirect Aid to Faith-Based
Organizations Under Section 1994A Charitable Choice ofH.R.7 The Community
Solutions Act (Bradshaw) (issued on 06/22/01)

-3-

 34.

Associate White House Counsel: Memorandmn re Section 1994A Charitable Choice of
H.R.7, The Community Solutions Act (Bradshaw) (issued on 06/25/01)

35.

Attorney General: Memorandum re Whether Physician-Assisted Suicide Se1ves a
"Legitimate Medical Purpose" Under the Drng Enforcement Administration's
Regulations Implementing the Controlled Substances Act (Delahunty) (issued on
06/27/01)

36.

37.

(b) (5)

38.

Senior Associate Counsel to the President: Memorandmnre Congressman Rohrabacher' s
Amendment to H.R.2500, The Departments of Commerce, Justice, and State, the
Judiciaiy and Related Agencies Appropriations Act, FY 2002 (Delahunty) (issued on
07/25/01)

39.

Cmmsel to the President: Memoradum re President's Authority to Remove the Chair of
the CPSC (Yoo) (issued on 07/31/01)

40.

Associate \Vhite House Cmmsel: Memorandmnre Appointment of Phil Perry as the
Acting Associate Attorney General (Bradshaw) (issued on 08/07/01)

41.

42.

43.

44.

45.

Counsel to the President: Memorai1dum re President's Authority to Make a Recess
Appointment to the National Labor Relations Board (Koffsky) (issued on 08/31/01)

46.

General Cmmsel/TREAS and Chief Cmmsel/Thrift: Memorandum re Post-Employment
Restriction of 12 U.S.C. § 1812(e) (Koffsky) (issued on 09/04/01)

-4-

 47.

48.

49.

50.

51.

Deputy Counsel to the President: Memorandum re The President's Constitutional
Authority to Conduct Military Operations Against TeIT011sts and Nations Supporting
Them (Yoo) (issued on 09/25/01)

52.

Associate Deputy Attomey: Memorandum re Constitutionality of Amending Foreign
Intelligence Act to Change the Purpose Standard for Searches (Yoo) (issued on
09/25/01)

53.

Deputy Assistant Attorney General: Memorandum re Checking Names of Prohibited
Persons Against Records in the NICS Audit Log Concerning Allowed Transfers
(Cedarbaum) (issued on 10/01/01)

54.

Chief Counsel/FDA: Memorandum re Disclosurn of Conflicts of Interest of Members of
FDA Adviso1y Panels (Whelan) (issued on 10/05/01)

55.

56.

57.

58.

Counsel to the President/General Cmmsel/DOD: Memorandum re Authority for Use of
Military Force to Combat Te1To11st Activities Within the United States (Delahunty)
(issued on 10/23/01)

59.

Deputy Counsel to the President: Memorandum re Tenns of Members of the Civil Rights
Commission (Koffaky) (issued on 10/31101)

60.

General Counsel/OGE: Memorandum re The Nahrre of the Financial Interest of a Trustee
of a Private Tmst and the Scope of the Definition of Serving in an "Organization" as a

-5-

 "Tmstee" Under 18 U.S.C. 208(a) (Werner) (issued on 11/02/01)
ent: Memorandum. re Legality of the Use of Military Commissions
(issued on 11/06/01)

61.

Counsel to

62.

AAAG/OLC: Testimony on Edward Whelan III re Oversight of the Presidential Records
Act (11/06/01)

63.

Senior Associate Counsel to the President: Memorandum.re Authority of the President to
Suspend Certain Provisions of the ABM Treaty (Delalmuty/Yoo) (issued on 11/15/01)

64.

General Counsel. DOD: Memorandum re Possible Criminal charges Against American
Citizen Who Was a Member of the al Qaeda Terrorist Organization or the Taliban Militia
(Yoo) (issued on December 21, 2001)

65.

66.

Deputy Counsel to the President: Memorandum re Commerce, Justice and State
Appropriations Bill (Colborn) (issued on 11/20/01)

67.

Counsel to the President: Memorandum re Treaties and Laws Applicable to the Conflict
in Afghanistan and to the Treatment of Persons Captured by U.S. Aimed Forces in that
Conflict (Yoo) (issued on 11/30/01)

68.

AAG/OLC: Testimony of Jay Bybee on Settlement of the "Nextwave" Case (12/6/01)

69.

(b) (5)

70.

71.

General Counsel/Department of Defense: Memorandum re Possible Criminal Charges
Against American Citizen Who Was a Member of the al Qaeda Te1rnrist Organization or
the Taliban Militia (Yoo) (issued on 12/20/01)

72.

73.

-6-

 2002 LIST OF OPINIONS
January 2002 through December 2002

1.

2.

Counsel to the President: Memorandum re Application of Treaties and Laws to al Qaeda
and Taliban Detainees (Yoo) (issued on January 22, 2002)

3.

4.

Counsel to the P1·esident: Memorandum re Status of Taliban Forces Under Article 4 of
the Third Geneva Convention of 1949 (Yoo) (issued on February 7, 2002)

5.

General Counsel for Department of Defense: Memorandum re Potential Legal
Constraints Applicable to Inte1rngations of Persons Captured by U.S. Aimed Forces in
Afghanistan
(issued on February 26, 2002)

II)

6.

Deputy General Counsel for Department of Education: Memorandmn re Application of
18 U.S.C. § 203 to Former Employee's receipt of Attorney's Fees (Koffsky) (issued on
February 28, 2002)

7.

8.

9.

General Counsel, Department of Defense: Memorandum re The President's Power as
Commander in Chief to Transfer Captured Terrorists to the Control and Custody of
Foreign Nations
) (issued on March 13, 2002)

10.

General CounseL INS: Memorandum re Role of Legal Guardians or Proxies in
Naturalization Proceedings (Whelan/Simon) (issued on March 13, 2002)

11.

Deputy Counsel to the President: Memorandum re W11at Actions the President Can Take
Unilaterally and without Congressional Consent Towards Centralizing Border Control
Policy (Yoo) (issued on March 20, 2002)

12.

Attorney General: Memorandum re Non-Preemption of the Authority of State and Local
Enforcement Officials to AtTest Aliens for Immigration Violations (Huntington/Whelan)
(issued on April 3, 2002) (not.!. public document)

 13.

Testimony by Jolm Yoo: Testimony for Senate Committee on the Judiciary re Applying
the War Powers Resolution to the War on Terrorism (April 17, 2002)

14.

U.S. Chemical Safetv and Hazard Investigation Board: Memorandum re Whether the
Board May Delegate Executive and Administrative Authority, Previously Exercised by
its Chairperson, to a Single Member While the Position of Chairperson is Vacant
(Koffsk:y) (issued on April 19, 2002)

15.

General Counsel/OGE: Memorandum re Application of Conflict-of-Interest Rules to
Appointees Who Have Not Begun Service (Koffsky) (issued on May 8, 2002)

16.

Deputy Counsel to the President: Memorandum re Applicability of Ineligibility Clause to
Appointment of Congressman Tony P. Hall (Koffsk:y) (issued on May 30, 2002)

17.

Solicitor General: Memorandum re Survey of the Law of Expatriation
June 12, 2002)

18.

Chief Counsel/DEA: Memorandum re Authority of Federal Judges and Magistrates to
Issue "No-Knock" Warrants (G. Smith) (issued on June 12, 2002)

II) (issued on

19.

20.

Assistant Attorney General/OLA: Memorandum re Applicability of 18 U.S.C. § 400(a) to
Militaiy Detention of United States Citizens.) (issued on June 27, 2002)

21.

22.

General Counsel for the Board of Governors: Memorandum re Pennissibility of fedeml
Reserve Board Efforts to Control Access to Buildings and Open Meetings (Colborn)
(issued on July 9, 2002)

23.

24.

25.

-2-

 26.

Deputy Attorney General: Memorandum re Effect of the Patriot Act on Disclosure to the
President and Other Federal Officials of Grand Jury and Title III Information Relating to
National Security and Foreign Affairs (R Wemer/P. Philbin) (issued on July 22, 2002)

27.

28.

29.

30.

Assistant Attorney General. Criminal Division: Memorandum re Whether Section 3 l 9(b)
of the Patriot Act h1cludes Authority for the Issuance of Grand Jury Subpoenas to
Foreign Banks that Maintain Con-espondent Accmmts in the United States
(R.\Verner/Larsen/Yoo) (issued on August 6, 2002)

31.

Administrator for Federal Procurement Policy/OMB: Memorandum re Wl1at Limitations
44 U.S.C. § 1903 May Place on Executive Agencies Procuring the Printing of
Government Publications·(Eiseuberg) (issued on August 22, 2002)

32.

3 3.

Assistant Attorney General. Office of Legal Policy: Memornndum re Scope of Section
203(d) of the Patriot Act and Its Impact on the Scope of the Mandatory Disclosure
Provision of Section 905(a) of the Patriot Act (R Werner) (issued on September 17,
2002)

34.

General Counsel/FEMA: ~,1emorandum re Authority of FE~lA to Provide Disaster
Assistance to Seattle Hebrew Academy (S. Johnson) (issued on September 25, 2002)

35.

General Cmmsel/Office of President: Memorandum re Constitutionality of Public Law
107-240, Which Pmpo1ts to Require the Executive Branch to Procure Virtually All
Printing Needs Through the Government Printing Office (Bradshaw) (issued on October
22, 2002)

-3-

 36.

Counsel to the President: Memorandum re the Authority of the President Under Domestic
and hltemational Law to Use Military Force Against Iraq-) (issued on October 23,
2002)

37.

38.

39.

40.

Cmmsel to the President: Memorandum re Effect of a Recent United National Security
Council Resolution on the Authority of the President Under International Law to Use
Military Force Against Iraq (Yoo) (issued on November 8, 2002)

41.

Deputy Counsel to the President: Memorandum re Acting Solicitor of Labor
(Koffsk-y/Whelan) (issued on November 15, 2002)

42.

(b) (5)

43.

44.

45.

46.

Associate Counsel to the President: Memorandum re Expiration of Authority of Recess
Appointees (Koffsky) (issued on November 22, 2002)

47.

48.

-4-

 49.

Counsel to the Vice President: Memorandum re Further Material Breach Under U.N.
Security Council Resolution 1441 as a Result of False Statements or Omissions in Iraq's
W1'.1D Declaration QJG)]) (issued on December 7, 2002)

50.

Deputy Attorney General: Memorandum re Bureau of Prisons Practice of Placing in
Community Confinement Ceitain Offenders Who Have Received Sentences of
Imprisonment (Whelan/Smith) (issued on December 13, 2002)

51.

52.

{b) (5)

53.

General Counsel/Dept. OfTreasm:y: Memorandum re Under Secretary ofTrnasmy for
Enforcement (Koffsky) (issued on December 19, 2002)

54.

Counsel to the President: Memorandnm re Duty to File Public Financial Disclosme
Repoli (Koffsky) (issued on December 19, 2002)

55.

Deputy Attorney General: Memorandum re Legality of Fixed-P1iced Intergovernmental
Agreements for Detention Services (Whelan) (issued on December 31, 2002)

-5-

 2003 LIST OF OPINIONS
January 2003 through December 2003

1.

General Counsel, 01v1B: Memorandum re Funding for Technical Assistance for
Agricultural Conservation Programs (Kehne/Whelan) January 3, 2003

2.

General Counsel/Navv. Acting Deputy General Counsel/EEOC: Memorandum re The
Equal Employment Opporhmity Commission's Authority to Impose Attorney's Fees
Against Federal Agencies for Failure to Comply ..with Orders Issued by EEOC
Administrative Judges (Eisenberg) January 6, 2003

3.

4.

5.

6.

7.

8.

Deputy Director for Management/OMB: Memorandum re Whether Canteen Service
Provided Through the Veterans' Canteen Service is Exempt from Review Under Federal
Activities Inventory Reform Act of 1998 (Eisenberg/Whelan) January 31, 2003

9.

General Cmmsel/DOT, Acting Chief Counsel/Bureau of Alcohol, Tobacco, Fireanns:
Memorandum re Section 1123(b) of the Safe Explosives Act (H1mtington) February 6,
2003

10.

Counsel to the President: Memorandum re United States Holocaust Memorial Council
(Whelan) February 6, 2003

11.

Deputy Attorney General: Memorandum re Limitations on the Detention Authority of the
INS (Philbin) February 20, 2003

12.

Solicitor/National Labor Relations Board: Memorandum re Quorum Requirements
(Koffsky) March 4, 2003
Deputy Attorney General: Memorandum re Scope of the Attorney General's Authority to

13.

 Assign Duties Under 21 U.S.C. Section 878(a)(5) (Koffsky) l\1arch 24, 2003
14.

15.

16.

Attorney General: Memorandum In re David Joseph (A73 213 378) (George Smith)
April 17, 2003

17.

18.

Solicitor: Memorandum re Authority of the Department of the Interior to Provide
Historic Preservation Grants to Historic Religious Propeliies Such as the Old North
Church (Johnson) April 30, 2003

19.

20.

21.

22.

23.

24.

Deputy Counsel to the President: Memorandmn re Designation of Acting Director of the
Office of Management and Budget (Koffsky) June 12, 2003

25.

General CounseWeterans Affairs: Memorandum re VA's Authority to Fill Certain
Prescriptions Written by Non-VA Physicians (Smith/Whelan) July 3, 2003

-2-

 26.

27.

Deputy Attorney General: Memorandum re Interpretation of Section 586 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act (Colborn)
July 18, 2003

28.

Acting Principal Legal Advisor/Dept. Of Homeland Security: Memorandum re Eligibility
of Unlegitimated Children for Derivative Citizenship (Simon/Whelan) July 24, 2003

29.

30.

General Counsel/01\IIB: Revised Memorandum re Authority of Chief Financial Officer
under FY 2003 HUD Appropriations (Whelan) August 12, 2003

31.

Director. Executive Office for United States Attorneys: Q's and A's re Temporary Filling
of Vacancies in the Office of United States Attorney (Koffsky/Whelan) September 5,
2003

32.

33.

AAG/Civil Rights Division: Memorandum re Employment Opportunity Commission's
Authority .to Initiate Actions Against Public Employers to Enforce Settlement or
Conciliation Agreements (Demers) September 8, 2003

34.

Counsel to the President: Memorandum re Amtrak Board of Directors (Koffsky/Whelan)
September 22, 2003

35.

Principal Deputy Assistant Attornev General/CRTS: Memorandmu re Whether Certain
Direct Recording Electronic Voting Systems Comply With the Help America Vote Act
and the Americans with Disabilities Act (Mitchell) October 10, 2003

36.

-3-

 2004 LIST OF OPINIONS
January 2004 through December 2004
1.

2.

3.

Counsel to the President: Letter re Whether it is Legally Pennissible for the President to
Asse1i Constitutionally Based Privilege with Respect to Certain Reagan Adtninistration
Documents that are Otherwise Required to be Released by the National Archives and
Records Administration (NARA) Under the Presidential Records Act (PRA) (Colborn)
January 12, 2004

(b) (5)
Deputy Attorney General: Memorandum re Status of the Foreign Claims Settlement
Commission (Koffsl'Y/Whelan) February 20, 2004

4.

5.

Deputy Legal Adviser/DOS: Memorandum re Liability of Contractors in Airbridge
Denial Programs (Koffsky) March 1, 2004

6.

General Counsel/OPM and USPS: Memorandum re Appo1tiomnent of False Claims Act
Recoveries to Agencies (Colborn) March 12, 2004

7.

Counsel to President: Memorandum re Deployment of United States Anned forces Into
Haiti (Miller) l\llarch 17, 2004

8.

Counsel to the President: Memorandum re Protected Persons in Occupied Iraq <E>l{g])
March 18, 2004

9.

10.

Legal Adviser. DOS: Memorandum re Mechanism for Funding Intelligence Centers
(Koffsky) March 19, 2004

11.

General Counsei!Oivffi: Memorandum re Status of National Veterans Business
Development Corporation (Koffsky) March 19, 2004

12.

Inspector General: Memorandum re Constitutionality of Ce1tain FBI Intelligence
Bulletins (Sobota) April 5, 2004

13.
14.

(b) (5)
General Counsel/HHS: Letterre OLC's response to memorandum from the

 Congressional Research Service re Agency Prohibiting a Federal Officer from Providing
Accurate Cost Information to the United States Congress (Colborn) May 21, 2004
15.

16.

17.

18.

(b) (5)

19.

20.

General Counsel/Presidio Trust: Memorandum re Jurisdiction of the Equal Employment
Opp01tunity Com.niission Over Complaints Alleging Employment Discrimination by the
Presidio Tmst (Simon), June 22, 2004

21.

General Counsel/OGE: Memorandum re Application of 18 U.S.C § 207(f) to a Fornier
Senior Employee of the Department of Commerce, (Simon) June 22, 2004

22.

(b) (5)

23.

Acting General Cmmsel/DOC: Memorandum re \Vhether the Department of Commerce
May Prescribe Regulations Limiting the Pa1tisan Political Activities of the
Com.niissioned Officers Corps in the National Oceanic and Atmospheric Administration
(NOAA.) (Mitchell) July 29, 2004

24.

General Counsel/HHS: Memorandmn re Whether Appropriations May be Used for
Informational Video News Release (Sobota) July 30, 2004

25.

26.

{b) (5)
Attorney General: Memorandum re Whether the Second A.mendment Secures 011
Individual Right (Levin/Marshall) August 24, 2004
-2-

 27.

Deputy Counse/WH: Memorandum re Requirement that "Private Citizens" be appointed
from "Private Life" to the National Council for the Humanities (Koffsk:y/Hening)
August 27, 2004

28.

Deputy Chief Counsel/FAA: Memorandum re Ethics Issues Raised by the Retention and
Use of the Flight Privileges by Employees of the FAA (Koffsky/Chaiten) August 30,

2004
29.

Acting General C01msel/HUD: Memorandum re Authority of HUD's Chief Financial
Officer to Submit Final Repoits on Violations of Appropriations Laws (Johnson)
August 31, 2004

30.

(b) (5)

31.

Vice President and General Counsel/USPS: Memorandum re Legality of EEOC' s Class
Action Regulations (Demers) September 20, 2004

32.

Deputy Secreta1y/DOC: Memorandum re Use of Appropriations to Pay Travel Expenses
for an International Trade Administration Fellowship Program (Koffslqr/Chaiten/
Bradbmy) October 7, 2004

33.

(b) (5)

34.

Assistant Attorney General/OJP: Memorandum re Applicability of Section 504 of the
Rehabilitation Act to a Tribally Controlled School (Simon) November 16, 2004

35.

Deputy Counsel to the President: Memorandum re Te1ms of Members of the Civil Rights
Commission (Koffsk:y) November 30, 2004

36.

37.

38.

Deputy Counsel to the President: Memorandum re Political Balance Requirement for the
Civil Rights Commission (Koffsky) December 6, 2004

-3-

 39.

40.

41.

Deputy Attomev General: Memorandum re: Legal Standards Applicable Under 18 U.S.C.
§§ 2340-2340A (Levio!Koffaky) December 30, 2004

-4-

 2005 LIST OF OPINIONS
January 2005 through December 2005
1.

2.

Chief Counsel/ATF: Memorandum re The Applicability of Certain Record-Destmction
Requirements to the Bureau of Alcohol, Tobacco, Firearms and Explosives (Marshall)
dated January 11, 2005

3.

Deputy Cotmsel to the President: Memorandum re Status of the Director of Central
hltelligence Under the National Security hltelligence Refonn Act of 2004
(Chaiten/Marshall) dated January 12, 2005

4.
5.

Vice President/General Cotmsel: Memorandum re Religious Objects to the Postal Service
Oath of Office (Jol111so11/1'1arshall) dated February 2, 2005

6.

Associate Counsel to the President: Memorandum re Application of tl1e Emoluments
Clause to a Member of the President's Council on Bioethics (Chaiten) dated
March 9, 2005

7.

8.

9.

10.

11.

General Counsel/HHS and Senior Cotmsel to the Deputy Attorney General:
Memorandum re Scope of C1iminal Enforcement Under 42 U.S.C. Section 1320d-6
(Demers) dated June 1, 2005

 12.

13.

14.

15.

Counsel to the President: Memorandum re Whether the President May Sign a Bill by
Directing that his Signature be Affixed to It (Weiner) dated July 7, 2005

16.

17.

Chainnan. Defense Base Closure and Realignment Co1111nission: Memorandum re
Authority under the Defense Base Closm-e and Realignment Act to Close or Realign
National Guard Installations Without the Consent of State Governors (Willen) dated
August 10, 2005

18.

General Counsel. DOD: Memorandum re Proposed Amendments to Military Co1111nission
Order No. 1 411W]) dated August 12, 2005

19.

20.

General Counsel of the Nayy: Memorandum re Application of 18 U.S.C. § 207(c) to
Proposed Communications behveen Retired Rem· Admiral and Marine Commanders in
Iraq Regarding Security Issues (Willen) dated September 13, 2005

21.

Cmmsel to the President: Memorandum re Appointments to the Board of the Legal
Services Cmporation (Koffsky) dated September 20, 2005

22.

Solicitor/Department of Labor: Letter re Whistleblower Provisions of the Solid Waste
Disposal Act and the Clean Air Act (Sobota) dated September 23, 2005

23.

General Counsel/Dept. Of Commerce: Memorru1dum re Application of 18 U.S.C. § 1913
to Grass Roots Lobbying by Union Representatives (Koffsky) elated November 23, 2005

-2-

 24.. (5)

 

2006 LIST OF OPINIONS
January, 2006 through December, 2006
1.

2.

General Counsel. OGE: Memorandum re Financial Interests of Nonprofit Organizations
(Koffsky) dated January 11, 2006

3.

Memorandum re Legal Authorities Supporting the Activities of the National Security
Agency Described by the President
) dated January 19, 2006
(b) (6)

4.

Testimony of C. Kevin Marshall, Deputy Assistant Attorney General, Office of Legal
Counsel, before the Committee on Resources, United States House of Representatives re
"The Rep01t by the President's Task Force on Puerto Rico's Status"dated April 27, 2006

5.

6.

7.

8.

9.

Testimony of Steven Bradbury, Assistant Attorney General, Office of Legal Com1sel,
before the Committee on the Judicia1y, United States Senate re Hamdan v. Rumsfeld
dated July 11, 2006

10.

Testimony of Steven Bradbury, Assistant Attorney General, Office of Legal Counsel,
before the House .Armed Services Committee, United States House of Representatives re
Hamdan v. Rumsfeld dated July 12, 2006

11.

Testin10ny of Steven Bradbury, Assistant Attorney General, Office of Legal Counsel,
before the Conunittee on the Judiciaiy, United States Senate re FISA for the 21st Century
dated July 26, 2006

 12.

(b) (5)

13.

United States Pardon Attorney: Memorandum re The Effect of a Presidential pardon on
Judicial and Executive Branch Records of the Crime (Willen) dated August 11, 2006

14.

General Counsel/USTR: Memorandum re Application of the Government Cmporation
Control Act and the Miscellaneous Receipts Act to the Canadian Softwood Lumber
Settlement Agreement (Koffsky/Kemodle) dated August 22, 2006

15.

16.

Chainuan/Integrity Committee of the President's Council 011 Integrity and Efficiency:
Memorandmn re Jurisdiction of Integrity Committee When Inspector General Leaves
Office After Refenal of Allegations dated September 5, 2006

17.

Testimony of AAG/OLC: Testimony of Steven Bradbury before the Subcommittee on
Crime, T enorism, and Homeland Security, Committee on the Judiciaiy, United States
House of Representatives re Legislative Proposals to Update The Foreign Intelligence
Surveillance Act (PISA) September 6, 2006

18.

19.

20.

General Counsel/Connnerce: Memorandum re Applicability of the Miscellaneous
Receipts Act to Contractors Receiving Personal Vonvenince Fees from Attendees at an
Agency-Sponsored Conference dated (Fonester) November 22, 2006

-2-

 2007 LIST OF OPINIONS
January, 2007 through December, 2007
1.

General Counsel, DOD: Memorandum re Days of Service by Special Government
Employees (Koffsky) dated January 16, 2007

2.

General Counsel. HHS: Memorandum re Legality of Alternative Organ Donation
Practices Under 42 U.S.C. § 274e (Simon/Colborn) dated March 28, 2007

3.

General CounseL SEC: Memorandum re Status of Public Company Accounting
Oversight Board Under 18 U.S.C. § 207(c) (Koffsky) dated March 30, 2007

4.

General CmmseL EPA: Memorandum re Use of Appropriated Funds to Purchase "Light
Refreshments" at Government Meetings for Persons Who Are Not Federal Employees
(Bamzai) dated April 5, 2007

5.

General ColU1sels of Executive Branch: Memorandum re Officers of the United States
Within the Meaning of the Appointments Clause (Bamzai) dated April 16, 2007

6.

Testimony before the Subcommittee on Insular Affairs of co1nmittee on Natural
Resources U.S. House ofRt<Presentatives: Re H.R.900 "Puerto Rico Democracy Act of
2007" and "H.R. 1230, TI1e Puerto Rico Self Dete111lination Act of 2007" {1<farshall)
dated April 25, 2007

7.

Chief Counsel, ATF: Memorandum re When a Conviction Qualifies as a "Misdemeanor
Crime of Domestic Violence (Colborn) dated May 17, 2007

8.

(b) (5)

9.

Testimony before Committee on the Judiciaiy U. S. Senate: re "Ending Taxation Without
Representation" The Constitutionality of S.1257, The District of Columbia House Voting
Rights Act of2007" (Bradbmy) dated May 23, 2007

10.

Testimony of Steve Bradbury/American Civil Liberties Union v. DOJ/OLC re FOIA
Exemptions: dated June 7, 2007

11.

General Counsel. FBI: Memorandum re Application of the Emoluments Clause to a
Member of the Federal Bureau of Investigation Director's Advisory Board
(Koffsky/Goldstein) dated June 15, 2007

12.

General Counsel. OJP: Memorandum re Application of the Religious Freedom
Restoration Act to the Award of a Grant to World Vision, Inc. Pursuant to the Juvenile
Justice and Delinquency Prevention Act (FoITester) dated June 20, 2007

 (E)J(:J]) dated

13.

The President: Letter to the President regarding Executive Privilege.
June 27, 2007

14.

Counsel to the President: Memorandum re • • of Fonner Counsel to the President
• ) dated July 10, 2007
from Compelled Congressional Testimony •

15.

16.

17.

18.

Deputy Counsel to the President: Memorandum re Whether the Office of Administration
Within the Executive Office of the President is an "Agency" for Purposes of the Freedom
of Information Act (Krass) dated August 21, 2007

19.

20.

21.

Counsel to President: Memomdmn re Authority of the President to name an Acting
Attorney General (Koffaky) dated September 17, 2007

(b) (5)

22.

-2-

 2008 LIST OF OPINIONS
January, 2008 through December, 2008
1.

Testimony Before the Committee on Small Business, U.S. House of Representatives: Re
Federal Government Efforts in Contracting with Women-Owned Businesses (Papez)
dated January 16, 2008

2.

General Counsel/O:MB and Acting General Counsel/DHS: Memorandum re
·constitutionality of Direct Reporting Requirement in Section 802(e)(l) of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (Oldham) dated
January 29, 2008

3.

4.

General CmmseL VA and Solicitor/DOL: Memorandum re Payment of Back Wages to
Physicians Hired Under H-lB Visa Program (Simon) dated February 11, 2008

5.

Testimony before House Committee on the Judicia1y, Subcommittee on the Constitution,
Civil rights and Civil Liberties: Re CIA' s Program of Detention and Interrogation of
High-Value (Bradbmy) dated February 14, 2008

6.

Director. Office of Government Ethics: Memorandum re Office of Government Ethics
Jurisdiction Over the Smithsonian Institution and Its Personnel (Kedem)
February 29, 2008

7.

8.

11.

Acting General Counsel, DOD: Memorandum re Promotions of the Judge Advocates
General under Section 543 of the National Defense Authorization Act for Fiscal Year
2008 (Anderson) dated April 14, 2008

12.

Testimony of John P. Elwood: Before the Subcommittee on the Constitution, Civil Rights
and Prope1ty Rights Committee on the Judiciary United States Senate entitled "Secret
Law and the Threat to Democratic And Accountable Government" dated April 30, 2008

13.

 14.

15.

16.

General Counsel. OMB: Memorandum re Validity of the Food, Conservation, and
Energy Act of 2008 (Agaiwal) dated l\'Iay 23, 2008

17.

18.

Acting General Counsel, EPA: Memorandum re Whether Agency Employees May be
held Liable for Losses Caused by Their Negligence or Misuse of Government Personal
Property (Kedem) dated May 28, 2008

19.

General Counsel, OPM: Memorandum re Admissibility of Electronic Copies of
Personnel Records in Federal Litigation (FotTester) dated May 30., 2008

20.

(b) (5)

21.

22.

The President: Letter to the President asking for Executive Privilege with Respect to
Dept. Of Justice Documents Subpoenaed by the Committee On the Government Refonn
of the House of Representatives. dated July 15, 2008

23.

Acting General Counsel. HHS: Memorandum re Scope of the Definition of"Variola
Virns" under the Intelligence Refo1m and Tenorism Prevention Act of2004 (Simon)
dated July 24, 2008

24.

General CounseL DOC: Memorandum re Applicability of 18 U.S.C. § 207(t) to Public
Relations Activities Undertaken for a Foreign COiporation Controlled by a Foreign
Government (Anderson) dated August 13, 2008

25.

-2-

 26.

Secretaiy of the Treasmy: Letter re Amended and Restated Senior PrefeITed Stock
Purchase Agreements between tl1e United States Department of the Treasmy and the
Federal National Mortgage Ass'n. (Koffsky) dated September 26, 2008

27.

28.

Acting AAG/Criminal Div: Memorandum re Scope of Exemption under Federal Lotte1y
Statutes for Lotteries Conducted by a State Acting under the Authority of State Law
dated October 16, 2008

29.

30.

General Com1sel/FBI: Memorandum re Requests for Infonnation Under the Electronic
Comrn1mications Privacy Act (Anderson) dated November 5, 2008.

31.

Acting General CoUllsel!DHS: Memorandum re Meaning of"Tempora1y" Work Under 8
U.S.C,. § l 10l(a)(15)(H)(ii)(b) (Anderson) dated December 18, 2008

32.

-3-

 2009 LIST OF OPINIONS
January, 2009 through December, 2009
1.

C01msel to the President: Memorandum re Legal Issues Relating to the Testing, Ue, and
Deployment of an Instmsion-Detection System (EINSTEIN 2.0) to Protect Unclassified
Cojmputer Networks in the Executive Branch (Lehotsl)') dated January 9, 2009

2.

General Cotmsel/JMD: Memorandum re Status of Presidential Memorandum Addressing
the Use of Polygraphs (Maiwell) dated January 14, 2009

3.

4.

(b) (5)

5.

Attorney General: Memorandmn re Validity of Statutory Rollbacks as a Means of
Complying with the Ineligibility Clause (Thompson/Anderson) dated May 20, 2009

6.

Attorney General: Memorandum re the Withdrawal of Office of Legal Counsel CIA
Inte1TOgation Opinions·dated April 15, 2009

7.

Acting AAG/OLA: Memorandum re the Constitutionality of the Ronald Reagan
Centennial Commission Act of 2009 dated April 21, 2009

8.

Acting Legal Adviser/DOS: Memorandum re Constitutionality of Section 7054 of the
Fiscal Year 2009 Depai1ment of State, Foreign Operations, and Related Programs
Appropriations Act (Paisner) dated June 1, 2009

9.

Attorney General: Memorandum re Withdrawal of the Office of Legal Com1sel Opinion
dated June 11, 2009

10.

AAG/OLA: Memorandum re Constitutionality of the Matthew Shepard Hate Crimes
Prevention Act (Stith) dated June 16, 2009

11.

Counsel to the President: Memorandum re Eligibility of a Retired Military Officer and
Appointment as Administrator of the National Aeronautics and Space Administration
(LeBlanc) dated July 8, 2009

12.

(b) (5)

13.

Associate Deputy Attorney General/DOJ: Memorandum re Additional Legal Questions
Concerning the EINSTEIN 2.0 Program (Price) dated August 14, 2009

 14.

General Cmmsel/SBA: Memorandum re Pernlissibility of Small Business Administration
Regulations Implementing the Historically Undemtilized Business Zone, 8(a) Business
Development, and Se1vice-Disabled Veteran-Ov.med Small Business Concern Programs
(LeBlanc) dated August 21, 2009

15.

16.

17.

18.

General Counsel/FHFA: Memorandum re Authority to the Former Inspector General of
the Federal Housing Finance Board to Act as Inspector General for the Federal Housing
Finance Agency (Price) dated September 8, 2009

19.

20.

Assistant Secretm.y/TREAS: Memorandum re Constitutionality of Mandato1y
Registration of Credit Rating Agencies (Cedarbaum) dated October 22, 2009

21.

General Deputy General Cmmsel/HUD: Memorm.1du111 re Applicability of Section 163 of
Division B of Public Law 111-68 to Payments in Satisfaction of Pre-Existing Contractual
Obligations I (b) (6)
) dated October 23, 2009

22.

Principal Deputy Cmmsel to President: Memorandum re Removability of the Federal
Coordinator for Alaska Natural Gas Transportation Projects (Venugopal) dated October
23,2009

23.

24.

Assistant Attorney General. Criminal Div: Memorandum re Whether the Ten-Year
Minimum Sentence in 18 U.S.C § 924(c)(l)(B)(I) Applies to Semiautomatic Assault
Weapons (Gorod) dated November 10, 2009 [Note this version was updated on Nov.
24th for publication]

-2-

 25.

26.

Counsel to the President: Memorandum re Applicability of the Emoluments Clause and
Gifts and Decorations Act to the President's Receipt of the Nobel Peace Prize
the
El~_) dated December 7, 2009

27.

General Counsel/EPA: Memorandum re \\1hether Subsection 104(b)(4) of the Clean Air
Act Perm.its the Receipt of Monetary Donations (Kirschner) dated December 8, 2009

28.

The Attorney General: Memorandum re The Scope of the Attorney General's Authority
in Certifying Whether a State Has Satisfied the Requirements for Appointment of
Competent Post-Convict.ion Counsel in Chapter 154 of Title 28, United States Code
(Paisner) dated December 16, 2009

For;j

-3-

 2010 LIST OF OLC OPINIONS
January, 2010 through December, 2010
L

2.

Legal Adviser/NSC: Memorandum re Engagement with the International Criminal Court
(Bulman-Pozen) dated January 15, 2010

3.

4,

5.

6.
7.

OMB: Memorandum re Proposed Constitution for the U.S. Virgin Islands The following
memorandum wa-; initially dratted in the Office of Legal Counsel at the request of the
Assistant Attorney General for Legislative Affairs. It analyzes several features of the
proposed constitution of the U.S. Virgin Islands ("USVI"), including: (1) the absence of
an express recognition of United States sovereignty and the supremacy of federal law; (2)
provisions for a special election on the usvrs territorial status; (3) provisions conferring
legal advantages on certain groups defined by place and timing of birth, timing of
residency, or ancestry; (4) residence requirements for certain offices; (5) provisions
guaranteeing legislative representation of certain geographic areas; (6) provisions
addressing territorial waters and marine resources; (7) imprecise language in certain
provisions of the proposed constitution's bill of rights; (8) the possible need to repeal
certain federal laws if the proposed USVI constitution is adopted; and (9) the effect of
congressional action or inaction on the proposed constitution dated February 23, 2010
(this memo was drafted by OLC at the request of OLA for signature)

 9.

Acting Deputy Attorney General: Memorandum re Whether the Criminal Provisions of
the Violence Against Women Act Apply to Otherwise Covered Conduct When the
Offender and Victim Are the Same Sex (Bulman-Pozen) dated April 27, 2010

10.

Chief Counsel/IRS: Memorandum re Applicability of Tax Levies Under26 U.S.C. § 6334
to Thrift Savings Plan Accounts (Price) dated May 3, 2010

11.

12.

Tt;(stimony before1h~ Committee on Energy and Natural Resources/Senate: Re Proposed
. Constitution for the Virgin Islands (Cedarbaum) dated May 19, 2010

13.

Chairman/Administrataive Conference of the U.S.: Memorandum re Applicability of the
Emoluments Claue to Nongovermental Members of ACUS (Venugopal)
dated June 3, 2010
·

14.

General Counsel OPM: Memorandum re Whether the Entitlement to Reservist
Differential Pay Under the Prior Version of 5 U.S.C. § 5538 Extends to the Period
Following the Completion of Active Duty During Which a Returning Reservist may
Apply or Report for Reemloymenet Under 38 U.S.C. § 4312 (Akowuah)
dated June 28, 2010

15.

16.

Assistant General Counsel/DOC: Memorandum re Applicability of the Emoluments
Clause and the Foreign Gifts and Decorations Act to the Goteborg Award for Sustainable
Development (Venugopal) dated October 6, 2010

17.

General Counsel/Dept. of Treasury: Memorandum re Whether the Special Master for
Troubled Asset Relief Program Executive Compensation Is a Principal Officer under the
Appointments Clause (Lilley) dated November 5, 2010

18.

Acting General Counsel, SSA: Memorandum re Disposition of Proceeds from the Sale of
Real Property Acquired with Money from the Social Security Trust Funds (Venugopal)
dated December 17, 2010

19.

Acting Deputy Attorney General: Memorandum re 'Ibe Availability of Crime Victims'
Rights Under the Crime Victims' Rights Act of2004 (Winn) dated December 17, 2010

-2-

 LIST OF OLC OPINIONS
January, 2011 through December, 2011

1.

General Counsel. EPA: Memorandum re Reimbursement or Payment Obligation of the
Federal Government Under Section 313(c)(2)(B) of the Clean Water Act (Dunbar) dated
February 25, 2011.

2.

Attomev General: Memorandmn re Use of Military Force in Libya-)
dated April 1, 2011

3.

Counsel to the President: Memorandum re Authority to Employ White House Office
Personnel Exempt from the A1111ual and Sick Leave Act Under 5 U.S.C. § 6301(2)(xi)
During an Appropriations Lapse (Pulham) dated April 8, 2011

4.

Counsel to the President: Memorandum re Whether Bills May be Presented by Congress
and Returned by the President by Electronic Means (Fon-ester) dated May 3, 2011

5.

Chair/Jv1embers. Access Review Committee: Memorandum re Applicability of the
Foreign Intelligence Smveillance Act's Notification Provision to Security Clearance
Adjudications by the Department of Justice Access Review Committee (Mizer) dated
June 3, 2011

6.

Counsel to the P1·esident: Memorandum re Constihitionality of Legislation Extending the
Te1m of the FBI Director (Mizer) dated June 20, 2011

7.

8.

General Counsel/Office of Science and Technology Policy: Memorandum re
Unconstitutional Restrictions on Activities of the Office of Science 1340(a) of the
Department of Defense and Full-:Year Continuing Appropriations Act, 2011 - ) dated
September 19, 2011

9.

Asisstant Attorney Genernl/CRM: Memorandum re Whether Proposals by Illinois and
New York to Use the Internet and Out-of-State Transaction Processors to Sell Lottery
Tickets to In-Stat Adults Violate the Wire Act (~vfizer) dated September 20, 2011

10.

11.

Chief Co1msel/ATF: Memoran~um re Nonimmigrant Aliens and Fireaims Disabilities
lmder the Control Act. (Dunbai·) October 28, 2011

 12.

General Counsel/OMB/General Counsel USPS: Memorandum re Whether Postal
Employees are Entitled to Receive Service Credit, for Purposes of their Retirement
Annuity Under the Federal Employees' Retirement System, for Periods of Employment
During Which the U.S. Postal Service has not made its Required Employer Contributions
(Robin-Vergeer) dated November 1, 2011

-2-

 LIST OF OLC OPINIONS
January, 2012 through December, 2012
1.

Chief Counsel A 1F: Memorandum re State of Residence Requirements for Firearms
Transfers (Akowuah) dated January 30, 2012

2.

Cotmsel to President: Memorandum re Lawfulness of Recess Appointments During a
Recess of the Senate Notwithstanding Periodic Pro Fonna Sessions mGJJ) dated
January 6, 2012

3.

General Counsels VA and GSA: Memorandum re Whether the General Services
Administration May Proceed with an Assisted Acquisition for the Department of
Veterans Affairs in Fiscal Year 2012 Using the Department's Fiscal Year 2009/2010
Funds (Robin-Vergeer) dated lVIarch 2, 2012

4.

Acting Chief Counsel. A TF: Memorandum re State and Local Deputation of Federal Law
Enforcement Officers During Stafford Act Deployments (Price) dated March5, 2012

5.

6.

7.

Assistant General C01msel for Administration/DOC: Memorandum re The Anti
Deficiency Act Implications of Consent by government Employees to Online Tenns of
Service Agreements Containing Open-ended Indemnification Clauses (Robin-Vergeer)
dated March 27, 2012

8.

General Counsel/VA: Memorandum re Whether Federal Employees Who Othe1wise
Qualify for Leave Under Both 5 U.S.C. § 6323(a) and 5 U.S.C. § 6323(b) Must Exhaust
Available Leave Under Sectiou 6323(b) Before Taking Leave Under Section 6323(a)
(Roberts) dated April 3, 2012

9.

10.

General CmmselNA: Memorandmn re Duty to Report Suspected Child Abuse Under 42
U.S.C. § 13031 (:tvlizer) dated May 29, 2012

11.

The President: Memorandum re Asse1tion of Executive Privilege over Documents

 Generated in Response to Congressional Investigation into Operation Fast and Furious
dated June 19, 2012
12.

13.

(b) (5)

14.

15.

Solicitor/DOL: Memorandum re Whether the United States Dept. of Labor has the
Authority to Control the Disclosure of Federal Employee Compensation Act Records
Held by the United States Postal Service (Aminfar) dated November 16, 2012

16.

-2-

 LIST OF OLC OPINIONS
January, 2013 through December, 2013
1.

2.

3.

(b) (5)

4.

5.

6.

7.

8.

9.

10.

Acting General Counsel/DOT: Memorandum re~equirements under the
Federal-Aid Highway Program, 23 U.S.C. § 112 . . , , _ ) dated August 23, 2013