Showing 1041–1050 of 2202

• 11/4/1982

  Acceptance of Legal Fees by United States Attorney

  United States Attorney would be prohibited by 18 U.S.C. § 205(1) from accepting an attorney's fee generated in a case that he handled while in private practice, if the lawsuit were determined to constitute a claim against the United States, and if his interest in the fee was of a contingent nature at the time he began government service. Whether a matter in litigation constitutes a claim against the United States for purposes of 18 U.S.C. § 205 depends not upon whether the United States is a plaintiff or defendant, but upon whether the United States has a significant monetary interest at stake in the lawsuit. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23201/download.

  11/4/1982

• 10/29/1982

  Information Sharing Between Supervisory Agencies Under the Right to Financial Privacy Act of 1978

  The Office of the Comptroller of the Currency (OCC) may make available to the Federal Deposit Insurance Corporation (FDIC), in its capacity as a receiver of a failed national bank, OCC examination reports on that bank, notwithstanding the general prohibitions on disclosure in the Right to Financial Privacy Act of 1978. Such disclosure falls within two exceptions in that Act for information exchanges between government "supervisory" agencies, whether or not the FDIC is actually performing a "supervisory" function in its capacity as a receiver. 12 U.S.C. § 3412(d) and (e). The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23196/download.

  10/29/1982

• 10/27/1982

  Constitutionality of Committee Approval Provision in Department of Housing and Urban Development Appropriations Act

  Provision for prior congressional committee approval of an executive officer's exercise of statutory authority is an unconstitutional legislative veto, and is of no legally binding effect. Accordingly, such a provision in the Department of Housing and Urban Development (HUD) appropriations act cannot operate to prohibit the Secretary of HUD from undertaking certain otherwise authorized actions in connection with a planned departmental reorganization. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23191/download.

  10/27/1982

• 10/25/1982

  Recess Appointments Issues

  The following memorandum reviews a number of legal and constitutional issues relating to the President's power to make appointments during a recess of the Senate, concluding that there have been no developments which call into question the conclusions of a 1960 Attorney General opinion, 41 Op. Att'y Gen. 463. It also contrasts the language, effects and purposes of the Pocket Veto and Recess Appointments Clauses. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23186/download.

  10/25/1982

• 10/18/1982

  Applicability of 21 U.S.C. § 952(a) to the Importation of Morphine Sulfate by the General Services Administration

  The provision in 21 U.S C. § 952(a), which prohibits importation of certain controlled substances except in certain specified circumstances, applies to importation by the United States government. Notwithstanding the canon of statutory construction that a law should not be read to impose new burdens on the government in derogation of its preexisting nghts and privileges, well-established and consistent administrative practice and interpretation of the coverage of 21 U.S.C. § 952(a), as well as its legislative history, indicate that that law covers importations by the United States government. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23181/download.

  10/18/1982

• 10/18/1982

  Authority of Military Investigators to Request Search Warrants Under Rule 41

  There is no legal impediment to the Attorney General's amending 28 C.F.R. § 60.2(g) to add military members of Department of Defense investigative agencies to the list of law enforcement officers authorized to seek and execute search warrants pursuant to Rule 41 of the Federal Rules of Civil Procedure. The Posse Comitatus Act does not prohibit the issuance of search warrants to military investigators engaged in the enforcement of the Uniform Code of Military Justice (UCMJ), since that statute only restricts military involvement in civilian law enforcement activities. Military investigators engaged in the enforcement of the UCMJ may be regarded as "federal law enforcement officers" within the scope of Rule 41, and federal magistrates would thus be authonzed to issue civilian search warrants to them upon the appropriate amendment of 28 C.F.R. § 60.2(g). The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23176/download.

  10/18/1982

• 10/13/1982

  Propriety of Asserting a Governmental Privilege in Response to a Court Order

  Both the common law governmental pnvilege and the constitutionally based executive privilege may be asserted to protect certain documents reflecting the deliberation of close presidential advisers from disclosure in response to a court order. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23171/download.

  10/13/1982

• 10/5/1982

  Presidential Authority to Adjust Ferroalloy Imports Under § 232(b) of the TVade Expansion Act of 1962

  The President has authority to upgrade two ferroalloys currently held in the National Defense Stockpile, and remove one of these ferroalloys from the Generalized System of Preferences established under the Trade Act of 1974, in response to a "national security" finding under § 232(b) of the Trade Expansion Act of 1962, 19 U.S.C. § 1862(b). This authority stems not from § 232(b) itself, but from separate and independent statutory schemes. The above-described actions will satisfy the President's obligation under § 232(b) to take such actions as are necessary to "adjust imports" in responding to a threat to the national security. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23166/download.

  10/5/1982

• 9/17/1982

  Continuation of Agency Activities During a Lapse in Both Authorization and Appropriation

  During a lapse in both an agency's authorization and its appropriation, activities may continue only to the extent they were authorized prior to the enactment of any specific lapsed authorization, and only to the extent they fit within the "emergency" exception to the Antideficiency Act. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23161/download.

  9/17/1982

• 9/16/1982

  Establishment of the President's Council for International Youth Exchange

  Proposed establishment of the President's Council on International Youth Exchange (Council) within the United States Information Agency (USIA), for the purpose of soliciting funds from the private sector for the USIA's youth exchange programs, is generally permissible, although the Council's activities would be subject to certain limitations and its continued operation after a year would depend upon a specific congressional appropriation. Under the Fulbnght-Hays Act, employees of the USIA are permitted actively to solicit private contributions to support the USIA's exchange programs. However, under 5 U.S.C. § 3107, any publicity in this connection would have to be carefully tailored to further only the USIA's fundraising activities and not generally to aggrandize the USIA or its officials, in accordance with guidelines of the General Accounting Office. Under 31 U.S.C. § 673, creation of the Council must be "authorized by law" in order for public funds to be used for its expenses or for USIA employees to assist in its operation. While § 673 does not require specific statutory authorization for the establishment of government councils and commissions, it does require that such entities and their functions be authorized "in a general way" by law. Whether the Council meets this test may depend upon its size and functions. Under the Russell Amendment, 31 U.S.C. § 696, non-statutory councils and commissions which are vested with authonty to take substantive action on the government's behalf must receive specific budgetary support from Congress within a year of their establishment in order to continue operating beyond that date. The functions of the proposed Council in connection with fundraising and advising activities, as well as its proposed relationship with the USIA, would be such as to require that its members be made employees of the federal government. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23156/download.

  9/16/1982