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Americans with Disabilities Act Access for 9-1-1 and Telephone Emergency Services
This document is part of a technical assistance program to provide State and local governments and, persons with disabilities with information about the requirements of the ADA [Americans with Disabilities Act] for direct, equal access to, 9-1-1 for persons with disabilities who use TTYs [teletypewriters]. This guidance is an updated version of the, Department of Justice's earlier guidance entitled, Commonly Asked Questions Regarding Telephone, Emergency Services. It explains in practical terms how the ADA's requirements apply to 9-1-1, services, including equipment, standard operating procedures, and training, and should be useful to 9-1-1 service providers, equipment vendors, participating telephone companies, and individuals with, disabilities.
United States. Department of Justice. Civil Rights Division
1998-07-15?
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USDOJ/OIG Special Report: Operation Gatekeeper: An Investigation into Allegations of Fraud and Misconduct (July, 1998)
"The Border Patrol, an agency of the Immigration and Naturalization Service (INS), is responsible for controlling illegal immigration along this country's borders. In October 1994 it initiated a new border control strategy - 'Operation Gatekeeper' - in its San Diego Sector, the preferred area of entry for illegal immigrants traveling from Mexico to the United States. Prior to Gatekeeper, the San Diego Sector accounted for more than 40 percent of the Border Patrol's total apprehensions of illegal immigrants. [...] The Department of Justice's Office of the Inspector General (OIG) began investigating these allegations of fraud relating to Operation Gatekeeper in July 1996 at the request of then Deputy Attorney General Jamie Gorelick. Our investigation examined eight major categories of allegations involving 1) falsification of Sector apprehension data; 2) limits on apprehensions; 3) suppression of negative information in Sector intelligence reports; 4) nightscopes; 5) sensors; 6) drag roads; 7) overstatement of Gatekeeper's success; and 8) deception of a Congressional delegation visiting the Sector. After a brief introduction to the San Diego Sector and Operation Gatekeeper, we discuss each of the allegations in turn. We conclude with several recommendations for the INS and Border Patrol."
United States. Department of Justice
1998-07
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Waiver of Statutes of Limitations in Connection with Claims Against the Department of Agriculture: Memorandum for Raymond C. Fisher, Associate Attorney General [June 18, 1998]
"The Supreme Court's decision in Irwin v. Department of Veterans Affairs made no alteration in the fundamental rules governing waivers of sovereign immunity in actions against the United States. Irwin and the cases following it therefore provide no support for the novel conclusion that the executive branch has the discretion to dispense with a congressional mandated statute of limitations in litigation or the compromise of claims. Unless Congress provides to the contrary, adherence to the relevant statute of limitations remains a strict and non-waivable condition on suits against the federal government. Enactment of legislation authorizing the payment of claims barred by the statute of limitations under the Equal Credit Opportunity Act is the necessary and constitutionally appropriate means of satisfying such claims."
United States. Department of Justice. Office of Legal Counsel
1998-06-18
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Access to Criminal History Records by Non-Governmental Entities Performing Authorized Criminal Justice Functions: Letter Opinion for the Deputy Director of the Federal Bureau of Investigation [June 12, 1998]
"Non-governmental entities performing authorized criminal justice functions under contract with government law enforcement agencies may be granted access to criminal history records maintained under the authority of 28 U.S.C. § 534, subject to effective controls to guard against unauthorized use and to insure effective oversight by the Department of Justice. Because Department of Justice regulations implementing 28 U.S.C. § 534 do not affirmatively authorize dissemination of criminal history records to non-governmental entities under contract to assist law enforcement agencies, those regulations should be amended to provide such authorization before access is granted to those entities."
United States. Department of Justice. Office of Legal Counsel
1998-06-12
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Appointment of Vice Chair of Federal Reserve Board to Serve Concurrently as Chair of the District of Columbia Financial Responsibility and Management Assistance Authority: Memorandum for the Counsel to the President [June 1, 1998]
"You have asked for our views on whether the President may appoint Alice Rivlin to be Chair of the District of Columbia Financial Responsibility and Management Assistance Authority (the 'Authority'), while Dr. Rivlin continues to serve in her current capacity as Vice Chair and a member of the Board of Governors of the Federal Reserve System (the 'Federal Reserve Board'). Upon review of the federal conflict of interest statutes, the prohibition on compensation for dual offices, and the requirements of the Federal Reserve Act, we conclude that the relevant statutory authorities do not prohibit the proposed appointment, but that Dr. Rivlin must continue to perform her duties as Vice Chair of the Federal Reserve Board on a full-time basis. She would thus have to work with the Federal Reserve Board and its General Counsel to ensure compliance with the Federal Reserve Act."
United States. Department of Justice. Office of Legal Counsel
1998-06-01
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Public Safety Wireless Network: Digital Land Mobile Radio (DLMR) Security Problem Statement
"This problem statement narrative, presented by the Public Safety Wireless Network (PSWN) program, highlights emerging security issues associated with evolving Public Safety radio communications systems. This narrative addresses the vital need for security from an infrastructure protection perspective, explains the cause of new security threats and vulnerabilities, and highlights the security challenges that face the public safety community. National Performance Review (NPR) recommendation IT04, the Public Safety Wireless Network (PSWN) Management Plan, Executive Order 13010, NPR Action Item A06, and the final report from the President's Commission on Critical Infrastructure Protection (PCCIP) have brought to the forefront of national efforts the protection of the evolving public safety communications infrastructure. Evolving public safety digital land mobile radio (DLMR) systems are envisioned as operating as large automated information systems (AIS) with open interfaces providing digital-based interconnectivity with other systems and subsystems. While the latest DLMR technology will increase the efficiency and effectiveness of public safety communications, a host of security risks could be introduced unless effective mitigating actions are undertaken based on security awareness and understanding. Most importantly, digital radio systems must be configured and managed in a way that will provide adequate protection from computer-based threats. Because the majority of DLMR systems now being rolled out across the country are not undergoing any form of security assurance process, the Public Safety Wireless Network (PSWN) program faces the challenge of investigating and addressing the security issues of the public safety communications infrastructure. The security-related issues facing the PSWN program are the lack of: an understanding of the security threats, vulnerabilities, and risks associated with the evolving DLMR systems; clearly specified communications security needs for public safety organizations; security standards or guidelines applicable to DLMR systems; and an understanding of the tools and techniques available to secure these systems."
United States. Department of Justice; United States. Department of the Treasury
1998-06
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Effect of Posse Comitatus Act on Proposed Detail of Civilian Employee to the National Infrastructure Protection Center
This memorandum responds to your request that the Office of Legal Counsel consider the effect of the Posse Comitatus Act ("PCA"), 18 U.S.C. § 1385 (1994), on a proposed staffing and organizational arrangement whereby a civilian employee of the Department of Defense will be detailed to the National Infrastructure Protection Center ("NIPC") to serve in that office as a deputy chief. We conclude that the proposed arrangement is permissible under the
PCA.
United States. Department of Justice
1998-05-26
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Effect of Posse Comitatus Act on Proposed Detail of Civilian Employee to the National Infrastructure Protection Center: Memorandum for the General Counsel, Federal Bureau of Investigation [May 26, 1998]
"The proposed detail of a civilian employee of Department of Defense to the National Infrastructure Protection Center, a component of the Federal Bureau of Investigation, is permissible under the Posse Comitatus Act. This memorandum responds to your request that the Office of Legal Counsel consider the effect of the Posse Comitatus Act ('PCA'), 18 U.S.C. § 1385 (1994), on a proposed staffing and organizational arrangement whereby a civilian employee of the Department of Defense will be detailed to the National Infrastructure Protection Center ('NIPC') to serve in that office as a deputy chief. We conclude that the proposed arrangement is permissible under the PCA."
United States. Department of Justice. Office of Legal Counsel
1998-05-26
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Legal Authority of Executive Office of the President to Require Independent Agencies to Conduct Background Checks of Noncareer SES Personnel Candidates: Memorandum for the Counsel to the President [April 30, 1998]
"You have asked whether the Office of Presidential Personnel ('Presidential Personnel') may require that so-called independent agencies ensure that candidates for noncareer Senior Executive Service ('SES') positions undergo certain reviews regarding their personal backgrounds, such as a review of Internal Revenue Service records about any tax delinquency. In particular, you have asked whether Presidential Personnel could prescribe such a rule for hiring noncareer SES personnel at the Merit Systems Protection Board. As we already have advised orally, we do not believe that any office or agency within the Executive Office of the President ('EOP'), including Presidential Personnel, may exercise that authority."
United States. Department of Justice. Office of Legal Counsel
1998-04-30
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Coverage Issues Under the Indian Self-Determination Act: Memorandum for the Assistant Attorney General, Civil Division [April 22, 1998]
"This memorandum responds to the request of the Torts Branch for our opinion regarding the scope of the 1990 amendment to the Indian Self-Determination and Education Assistance Act of 1975. Specifically, we have been asked (1) whether actions other than common law torts are covered by the 1990 amendment to the Act, and (2) whether the 1990 amendment authorizes representation of tribes or tribal employees sued in their individual capacities for constitutional torts. For the reasons explained below, we conclude that the 1990 amendment to the Act covers only those torts for which the Federal Tort Claims Act waives the sovereign immunity of the United States. We further conclude that the 1990 amendment does not authorize or otherwise address representation of tribes or tribal employees who are sued in their individual capacities for constitutional torts."
United States. Department of Justice. Office of Legal Counsel
1998-04-22
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Possible Bases of Jurisdiction for the Department of Justice to Investigate Matters Relating to the Assassination of Martin Luther King, Jr.: Memorandum Opinion for the Principal Associate, Deputy Attorney General [April 20, 1998]
"The Department of Justice may conduct an investigation relating to the assassination of Martin Luther King, Jr., to investigate the commission of federal crimes for which the applicable statute of limitations has run, in order to establish the facts of the crime, independent of whether such facts may lead to a prosecution. The Department also has authority, under 28 U.S.C. § 533(3), to investigate the role of the Department or the Federal Bureau of Investigation in the original investigation of the King assassination. Such an investigation under § 533(3) could include a re-investigation of the facts surrounding the assassination itself in order to assess the conduct of the Bureau's original investigation and determine the accuracy and completeness of its findings."
United States. Department of Justice. Office of Legal Counsel
1998-04-20
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Application of the Double Jeopardy Clause to Disgorgement Orders Under the Federal Trade Commission Act: Memorandum for the United States Attorney for the Central District of California [April 9, 1998]
"This memorandum responds to your request for an opinion whether, in a civil suit brought by the Federal Trade Commission ('FTC') challenging unfair trade practices, the Double Jeopardy Clause of the Fifth Amendment to the Constitution is implicated by a judgment requiring restitution and ordering that, in the event restitution is impracticable, the defendant pay money to the United States Treasury. We conclude that the provision you describe raises no double jeopardy concerns."
United States. Department of Justice. Office of Legal Counsel
1998-04-09
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Interpretation of Phrase 'Recommendation that Funds Be Put to Better Use' in Inspector General Act: Memorandum for the Assistant Attorney General for Administration and the Inspector General [March 20, 1998]
"Although it is a close question, the better interpretation of the Inspector General Act is that Congress did not intend to limit the phrase 'recommendation that funds be put to better use' to only those audit recommendations that achieve identifiable monetary savings."
United States. Department of Justice. Office of Legal Counsel
1998-03-20
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Application of 18 U.S.C. § 431 to Limited Partnership Interests in Government Leases Under Proposed Modified Transaction: Memorandum for the General Counsel, General Services Administration [March 13, 1998]
"This memorandum responds to your March 4, 1998 follow-up letter regarding our February 17, 1998 opinion on the applicability of 18 U.S.C. §§ 431-433 (1994) to the interests of two Members of Congress in government contracts under a proposed real estate transaction. In your letter, you raise the question whether a modified version of the transaction, as described by counsel for the interested entities, would be permissible under 18 U.S.C. § 431. We conclude that the modified transaction as described by counsel would not violate 18 U.S.C. § 431."
United States. Department of Justice. Office of Legal Counsel
1998-03-13
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Bombs in Brooklyn: How the Two Illegal Aliens Arrested for Plotting to Bomb the New York Subway Entered and Remained in the United States
"In this report, the Department of Justice Office of the Inspector General (OIG) examines how two aliens, Gazi Ibrahim Abu Mezer (Mezer) and Lafi Khalil (Khalil), entered and remained in the United States before they were arrested on July 31, 1997, in a Brooklyn apartment for allegedly planning to bomb the New York City subway system. After their arrest, it was quickly discovered that both were Palestinians who were in the United States illegally. Mezer had been arrested three times in the previous thirteen months attempting to enter the United States illegally from Canada. The first two times, he was voluntarily returned to Canada. After the third apprehension, the Immigration and Naturalization Service (INS) began formal deportation proceedings against Mezer, but he was released on bond while the proceedings were pending. After his release, Mezer filed a political asylum application in which he claimed that he suffered a fear of persecution if he were returned to Israel, in part because Israeli authorities falsely believed he was a member of the terrorist organization Hamas. It was also discovered that Khalil was in the United States illegally, having entered on a tourist visa but having remained here after the visa expired."
United States. Department of Justice. Office of the Inspector General
1998-03
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Applicability of 18 U.S.C. §§ 431-433 to Limited Partnership Interests in Government Leases Under Proposed Transaction: Memorandum for the General Counsel, General Services Administration [February 17, 1998]
"This memorandum responds to your request for our opinion on the applicability of 18 U.S.C. §§ 431-433 (1994) to the interests of two Members of Congress in contracts involving government leases under a proposed transaction. Those provisions generally prohibit Members of Congress from entering into or holding contracts with federal agencies and render such contracts void. Specifically, you have asked: (1) whether the interests of the Members under the proposed transaction fall within the scope of 18 U.S.C. §§ 431 and 432; (2) whether the 'incorporated company' exception of 18 U.S.C. § 433 is applicable; and (3) whether any or all of four alternatives to the proposed transactions would violate §§ 431 and 432. We conclude: (1) that the interests of the Members under the proposed transaction would fall within the prohibition of § 431; (2) that the 'incorporated company' exception does not apply; and (3) that one of the alternatives would not violate § 431."
United States. Department of Justice. Office of Legal Counsel
1998-02-17
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Reimbursement of Expenses Under 5 U.S.C. § 5503(a): Memorandum Opinion for the Counsel to the President [February 2, 1998]
"U.S.C. § 5503(a) does not prohibit individuals reappointed to the Board of Directors of the Civil Liberties Public Education Fund during a congressional recess from receiving reimbursement for travel, subsistence, and other necessary expenses associated with performing their functions. This memorandum confirms oral advice conveyed to your office that individuals appointed for a second time during a congressional recess to the Board of Directors of the Civil Liberties Public Education Fund may be reimbursed for expenses associated with performing their functions."
United States. Department of Justice. Office of Legal Counsel
1998-02-02
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Statute of Limitations and Settlement of Equal Credit, Opportunity Act Discrimination Claims Against the Department of Agriculture: Memorandum for Raymond C. Fisher, Associate Attorney General [January 29, 1998]
"This memorandum responds to your request for advice on whether the statute of limitations in the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f (1994) ('ECOA'), applies to administrative settlements of ECOA claims. You also have asked us whether the government may waive the statute of limitations, and under what circumstances the statute of limitations might be tolled. We have concluded that ECOA's statute of limitations does apply to administrative settlements of ECOA claims and that the statute of limitations cannot be waived by the United States, either in litigation or in the administrative process. As for tolling of the statute of limitations, we have concluded that filing an administrative complaint does not toll the limitations period for a civil action. While ECOA is, in relevant circumstances, subject to the doctrines of equitable tolling and equitable estoppel, courts infrequently apply these doctrines against the United States."
United States. Department of Justice. Office of Legal Counsel
1998-01-29
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18 U.S.C. § 203 and Contingent Interests in Expenses Recoverable in Litigation Against the United States: Memorandum for the Counsel to the President [January 28, 1998]
"18 U.S.C. § 203 does not prohibit a prospective government officer from maintaining upon his entry into government service a contingent interest in expenses recoverable in litigation involving the United States. This memorandum responds to your request, conveyed orally, for our opinion whether 18 U.S.C. § 203 prohibits a prospective government officer from maintaining a contingent interest in expenses recoverable in litigation involving the United States. For the reasons set forth below, we conclude that § 203 would not prohibit the prospective officer from maintaining such an interest upon his entry into government service."
United States. Department of Justice. Office of Legal Counsel
1998-01-28
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Memorandum for the Heads and Inspectors General of Executive Departments and Agencies: Procedures for Lawful Warrantless Monitoring of Verbal Communications
"By Memorandum dated October 16, 1972, the Attorney General directed all federal departments and agencies to obtain Department of Justice authorization before intercepting verbal communications without the consent of all parties to the communication. This directive was clarified and continued in force by the Attorney General's Memorandum of September 22, 1980, to Heads and Inspectors General of Executive Departments and Agencies. It was then superseded, with new authorization procedures and relevant rules and guidelines, including limitations on the types of investigations requiring prior written approval by the Department of Justice, in the Attorney General's Memorandum of November 7, 1983. This Memorandum supersedes the aforementioned directives. It continues most of the authorization procedures established in the November 7, 1983, Memorandum, but reduces the sensitive circumstances under which prior written approval of senior officials of the Department of Justice's Criminal Division is required. In particular, it reduces substantially the need for such prior approval in matters of public corruption. At the same time, it continues to require oral authorization from Department of Justice attorneys, ordinarily local Assistant United States Attorneys, before the initiation of the use of consensual monitoring in all investigations not requiring prior written approval. In addition, this Memorandum also reduces substantially, and eventually eliminates, the reporting requirement imposed on the departments and agencies."
United States. Department of Justice
1998-01-20
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Police Department: Information Systems Technology Enhancement Project, ISTEP
"The Information Systems Technology Enhancement Project (ISTEP), funded by the
Office of Community Oriented Policing Services, focuses on enhancing the use of
information in the context of community policing. Enhancements are implemented
through two related but separate initiatives: (1) improvements in police information systems technology (e.g., hardware, software, connectivity) and (2) improvements in police data analysis methods (e.g., crime analysis, operations analysis)."
United States. Department of Justice. Office of Community Oriented Policing Services
Cordner, Gary W.; Decker, Scott H.
1998
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FBI Bomb Data Center General Information Bulletin 98-1: 1998 Bombing Incidents
"The FBI Bomb Data Center (BDC) collects and reports bombing information to public safety agencies, elected officials and the interested public. The graphs and tables contained in the body of this summary reflect the use of explosive and incendiary devices by criminals in the United States. Statistics show criminals are continually using these devices to facilitate unlawful purposes. This places the public and law enforcement personnel at great risk. The information contained in the charts comes from bombing incidents reported in 1998 and its territories. Also presented are statistics regarding hoax devices, recoveries of improvised devices, explosives, and military ordnance. This data is collected and reported in accordance with the provisions set forth in the Uniform Federal Crime Reporting Act of 1929, as amended. This encompasses federal, state, and local public safety agencies, who make significant contributions to reporting this data to the FBI. While we attempt to obtain data on all bombing incidents, it is necessary to point out that not every incident is reported to law enforcement agencies, or in rare instances, those reported to the agencies may not come to the attention of the FBI. Special thanks go to the agencies mentioned above whose participation makes our goal of accurately reporting bombing statistics obtainable."
United States. Department of Justice
1998
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Application of Consumer Credit Reporting Reform Act of 1996 to Presidential Nomination and Appointment Process: Memorandum Opinion for the Counsel to the President [December 11, 1997]
"The Consumer Credit Reporting Reform Act of 1996 ('CCRRA'), 15 U.S.C.A. § 1681s-2 (West Supp. 1997), offers heightened protections to individuals whose credit histories are being examined by prospective employers. Section 2403(b)(3) of the CCRRA amends section 604 of the Fair Credit Reporting Act ('FCRA') to require any person 'using a consumer report for employment purposes' to notify the consumer prior to taking 'any adverse action based in whole or in part on the report.' Id. You have requested our advice whether section 2403(b)(3) would apply to the process used by the President in considering individuals for nomination and appointment with the advice and consent of the Senate or appointment to his personal staff. As explained briefly below, we conclude that this provision of the CCRRA does not apply to the President's decisions affecting such positions."
United States. Department of Justice. Office of Legal Counsel
1997-12-11
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Reappointment of a Retired Judge to the Court of Federal Claims: Memorandum Opinion for Sarah Wilson, Deputy Assistant Attorney General, Office of Policy Development [December 3, 1997]
"This memorandum responds to your request for our opinion concerning whether the President may reappoint to the United States Court of Federal Claims a nominee who has completed a fifteen-year term on that court and is a retired, 'senior judge' as of the time of her nomination and subsequent reappointment. For the reasons set forth below, we conclude that the President may nominate and, with the advice and consent of the Senate, appoint a retired judge to the Court of Federal Claims."
United States. Department of Justice. Office of Legal Counsel
1997-12-03
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TECH beat [Spring 1998]
In this issue of TECH beat there are three articles which may be relevant to those interested in homeland security. The relevant articles are the following; "More Fire Power for Bomb and Arson Investigation," "Body Armor -- A Common Sense Guide," "I've Seen Your Face Before."
United States. Department of Justice
1998
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Congressional Testimony of an Assistant United States Attorney on Behalf of the National Association of Assistant United States Attorneys: Memorandum for the Attorney General [November 7, 1994]
"You have asked for our opinion on certain issues pertaining to testimony by an Assistant United States Attorney (AULA) on legislation in which the Department has an interest, where the AULA is not authorized to speak on behalf of the Department but rather is appearing in a personal capacity on behalf of the National Association of Assistant United States Attorneys (NAAUSA). We conclude that the Department's position, that it may not prohibit an AULA from testifying before Congress in his or her personal capacity, is correct. We also conclude that the rules that regulate such testimony are consistent with the First Amendment. Those rules require that the AULA make it clear that he or she is not speaking for the Department, avoid using or permitting the use of his or her official title or position in connection with the testimony (except as one of several biographical details), and comply with rules on the protection of confidential information."
United States. Department of Justice. Office of Legal Counsel
1997-11-07
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Applicability of 18 U.S.C. § 209 to Acceptance by FBI Employees of Benefits Under the 'Make a Dream Come True' Program: Memorandum Opinion for the General Counsel, Federal Bureau of Investigation [October 28, 1997]
"You have asked for our opinion whether the criminal prohibition on supplementation of salary, 18 U.S.C. § 209 (1994), forbids Federal Bureau of Investigation ('FBI') employees from receiving benefits under the 'Make a Dream Come True Program' ('Program') sponsored by the Society of Former Special Agents of the FBI ('Society'). We understand that the Program is run by the Former Agents of the FBI Foundation ('Foundation'), an instrument of the Society that is exempt from taxes under the Internal Revenue Code ,see 26 U.S.C. § 501(c)(3) (1994), and whose purpose is 'to contribute generally to the public welfare through the alleviation of human suffering and the advancement of science, education and the cultural arts.' We further understand that the Program is designed to fulfill the wishes of terminally ill children or grandchildren of Society members or deceased Society members and the terminally ill children of any current, permanent FBI employees. To be eligible, a child must be between three and eighteen years of age and have a terminal condition certified by a doctor. For the reasons set forth below, we believe that § 209 does not prohibit current FBI employees from accepting benefits under the Program."
United States. Department of Justice. Office of Legal Counsel
1997-10-28
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Funds Available for Payment of Natural Resource Damages Under the Oil Pollution Act of 1990: Memorandum for Frank W. Hunger, Assistant Attorney General, Civil Division [September 25, 1997]
"The President, acting through the Department of Transportation, is authorized to use the Oil Spill Liability Trust Fund to pay the claims of Natural Resource Trustees for uncompensated natural resource damages in accordance with section 1013 of the Oil Pollution Act of 1990, without the need for further enactment of appropriations."
United States. Department of Justice. Office of Legal Counsel
1997-09-25
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Authority to Investigate Complaints by Employees of the Federal Aviation Administration Alleging Reprisal for Whistleblowing: Memorandum for Kathleen Day Koch, Special Counsel, U.S. Office of Special Counsel [September 23, 1997]
"The Office of Special Counsel lacks authority to investigate complaints brought by Federal Aviation Administration employees alleging reprisals against them in response to whistleblowing activity. This responds to the Deputy Special Counsel's letter of May 20, 1997, requesting our legal opinion on the authority of the Office of Special Counsel ('OSC') to investigate complaints brought by employees of the Federal Aviation Administration ('FAA') alleging reprisals for whistleblowing. For the reasons set forth below, we conclude that OSC lacks authority to investigate such complaints."
United States. Department of Justice. Office of Legal Counsel
1997-09-23
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Application of Emoluments Clause to 'Representative' Members of Advisory Committees: Letter Opinion for the General Counsel, United States Trade Representative [September 2, 1997]
"In light of these refinements to our position, we now believe that 'representative' members of advisory committees are not covered by the Clause. Such representatives are chosen to present the views of private organizations and interests. Under well-established precedents, a representative is not an 'officer or employee' of the United States under the conflict of interest laws: ''[O]ne who is requested to appear before a Government department or agency to present the views of a non-governmental organization or group which he represents, or for which he is in a position to speak, does not act as a servant of the Government and is not its officer or employee.'' […] It would be exceedingly incongruous if, as we have concluded, special government employees on some advisory committees do not occupy offices of profit or trust under the Clause, but representatives who are not even employees are covered. Because representatives owe their loyalty to outside interests and are not 'servant[s] of the Government,' they do not, in our view, hold offices of profit or trust under the United States."
United States. Department of Justice. Office of Legal Counsel
1997-09-02
