ML20204C722
| ML20204C722 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos File:GEH Hitachi icon.png |
| Issue date: | 06/26/1978 |
| From: | Keuch R JUSTICE, DEPT. OF, ATTORNEY GENERAL, OFFICE OF |
| To: | Dellums R HOUSE OF REP. |
| Shared Package | |
| ML20204C715 | List: |
| References | |
| NUDOCS 7811290304 | |
| Download: ML20204C722 (4) | |
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J.une 2 6.1978 I kys Honorable Ronald V. Dellums House of Representatives Washington, D.C.
20510
Dear Congressman Dellums:
Your letter and enclosures dated May 24, 1978, addressed to the Attorney General soliciting the views of this Depart-ment on the propriety under Federal criminal conflict of
. interest laws of activities by a member of your staff, has been referred to this Division for consideration and reply.
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As you know, the Department of Justice is authorized to give formal legal opinions concerning the scope and application of Federal laws only to the President and the heads of the 1
Executive Departments of Government.
Accordingly, what follows must be viewed as only an informal expression of our views concerning the subject of your correspondence.
Your enclosures indicate that Mr. H. Lee Halterman, who is one of your congressional staff assistants, has appeared as your representative in a proceeding before the Ato'mic Safety and Licensing Board, Nuclear Regulatory Commission, in connection with proceedings relating to a nuclear test reactor.
On March 16, 1978, Mr.
as an intervenor in this. proceeding,Halterman. argued your claim to standing and cucceeded in obtaining a ruling from the Board granting you standing conjunctively in your capacity as a Congressman and in your capacity as a pri-vate citizen living in the general area where the subject reactor is located.
Subsequently, Mr. Halterman has continued to represent you and two other California Congressmen who have joined with you as parties in this administrative proceeding.
Section 203 of Title 18, United States Code, prohibits any officer or employee of the Executive, Legislative or Judicial Branches of Government from receiving as compensation e w\\
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anything of value for services rendered in relation to any proceeding before any Federal department or agency, except as otherwise provided by law for the proper discharge of his official duties.
Section 203 specifically applies to Members of Congress.
Section 205 of Title 18, United States Code, prohibits any of ficer or employee of the Executive, Legislative or Judicial Branch of the Federal Government from acting as agent or attorney for any non-governmental party in any pro-ceeding before a Federal department or agency in connection with a matter in which the United States is a party or has a direct or substantial interest, except in the proper discharge of his official duties.
Section 205 does not apply to Members of Congress.
Read together, these two statutes may be said to permit Members of Congress, acting in their official capacities, to furnish representational services for private parties in proceedings before a Federal agency (18 U.S.C.
205),
j provided they do not receive compensation for doing so (18 U.S.C.
203).
Mr. Halterman is an employee of the Legislative Branch of Government, and is thus covered by both of these statutes.
From the description provided in your enclosures, it would appear to us that the proceedings before the Atomic Safety and Licensing Board, and the form of representational service which Mr. Halterman has performed on your behalf, are of the sort which these statutes cover.
There is no indication on the record you provided that either you or Mr. Halterman have received any consideration from an outside source in connection with these licensing proceedings, and therefore we do not believe that violations of section 203 are apparent here.
However, while section 203 concentrates on the receipt of compensation, section 205's focus is on the performance of the representational service itself.
As indicated previously, this statute does'not apply to Congressmen who perform such activities in their official' capacity, but it does apply to Legislative Branch employees such as Mr. Halterman.
Since the information provided in your correspondence indicates that your appearance before the Board in this matter was allowed in part because of your status as a private citizen, Mr. Halterman's continued representation of you in that private capacity could present possible problems under section 205.
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I trust that these informal views will be useful to you.
Very truly yours, Jonn C.
Keeney Acting Assistant Attorney General Criminal Division kb
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By Robert L.
Keuch Deputy Assistant Attorney General Criminal Division cc:
Thomas J. McTiernan Nuclear Regulatory Commission 9
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y; M ETY A*,3 LICE::51::S E0GD i n t he * *.a t t e r o f 4
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GENERALELECfRICC0".[iY Doc ket No. 50 'O b
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Show Cause Order VALLEC1105 NUCLEAR C ~'ER
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Operating License !io. TR-1 GENERAL ELECTRIC TES
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t Rili! cal E OF 55. a'1 CE I hereby certify that copies of the encic sed h'.e 5t:-n v:rved as of this date by personal delivery or first class r. ail, postage pr:-paid, to the following:
Edward Luton, Esq., Chairman Docheting and Service Section Atomic Safety and Licensing Board Panel Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Cornission Mashington, DC 20555 Washington, DC 20555
- 1r. Gustave A. Linenbercier, I*.er.ber Daniel Swanson, Esq.
Atomic Safety and Licensing Board Par.el Office of Executive Legal Director U. S. Nuclear Eegulatory Commission U. S. Muc1 car I,egulatory Ccenission Washington, DC 20555 1lashington, DC 20555 Dr. Harry Forer.an, !ieraer George L. Edcar, Esq.
Atomic Safety and Licensing Scard Panel Counselors at Law Director of Center for Population Studies 1800 M Street, N.W.
University of Minnesota 1ashington, DC 20036 liinnea polis,11N 55455 Ms. Barbara Shockley Andrew Baldwin,. Esq.
1890 Bochman Road Friends of the Earth San Lorenzo, CA 94530 124 Spear Street San Francisco, CA 94105 Advisory Conmittee on Reactor Safe-guards U. S. Nuclear Regulatory Cornission R. W. Darmitzel General Electric Company Washington, DC 20555 P. O. Box 460 Picasanton, CA 94566
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Administrative Aide for Congressman Ronald V.Dellums October 30,1978
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