Showing 1151–1160 of 2202

• 9/18/1981

  Availability of agency funds to pay attorney's fee awards under the Equal Access to Justice Act ("Act").

  7/27/2020

• 9/10/1981

  Applicability of the Federal Advisory Committee Act to Law Enforcement Coordinating Committees

  If the functions of Law Enforcement Coordinating Committees (LECCs) are limited to the exchange of information, or to making operational decisions involving law enforcement matters, they will not be covered by the Federal Advisory Committee Act (FACA). However, to the extent that a LECC performs "advisory functions" by giving advice and recommendations to federal officials, it would be subject to the FACA's requirements when performing those functions. 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/22766/download.

  9/10/1981

• 8/27/1981

  Extension of District Court Jurisdiction Under § 1110 of the Federal Aviation Act

  Section 1110 of the Federal Aviation Act authorizes the President to extend that Act to areas outside the United States, but does not authorize an analogous extension of the geographic jurisdiction of a district court for purposes of enforcing certain of the Act's provisions. An executive order extending the Act to the Trust Territory of the Pacific Islands (TTPI) would make its provisions part of the law of the TTPI, and enforceable through the TTPI judicial system. 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/22756/download.

  8/27/1981

• 8/27/1981

  Procedures for Implementing the Reciprocity Provisions of the Mineral Leasing Act of 1920

  While the Department of Interior has no legal obligation to adopt substantive, prospective standards for applying the "reciprocity" provision of 30 U.S.C. § 181, if it chooses to do so it should comply with the public, notice-and-comment procedures applicable to agency rulemaking under the Administrative Procedure Act (APA). If the Department of the Interior instead continues to determine on a country-by-country basis whether another country's laws and regulations accord American investors "similar or like privileges," APA procedures would not be considered applicable to such decisionmaking. However, an adequate record for judicial review of the substance of the ultimate decision should be made. As previously concluded, the Secretary of the Interior has authority under the Mineral Leasing Act of 1920 to "mirror" restrictive practices of another country. The question whether the Secretary is required to do so, or whether he could choose to take some more extreme action such as barring any investment by the other country's citizens, is not addressed. 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/22761/download.

  8/27/1981

• 8/24/1981

  Definition of "Refugee" Under the Refugee Act of 1980

  7/27/2020

• 8/24/1981

  Arrest of Special Agents or Informers During Undercover Assignment

  7/27/2020

• 8/24/1981

  Use of FBI Laboratory by Foreign Governments

  7/27/2020

• 8/24/1981

  Constitutionality of Legislation Authorizing Permanent Resident Status for Certain Nonimmigrant Aliens

  Legislation which would grant permanent residence status to certain nonimmigrant alien workers residing in the Virgin Islands, and at the same time restrict these individuals' ability to obtain the entry of relatives under otherwise applicable provisions of the Immigrant and Nationality Act, does not violate the Equal Protection Clause. The application of the equal protection principle to aliens is subject to the special powers of Congress over immigration and naturalization, and even the constitutional rights of citizens must yield where they clash with the paramount power of Congress over the admission and exclusion of aliens. 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/22751/download.

  8/24/1981

• 8/24/1981

  Disclosure of Information Collected Under the Export Administration Act

  Information collected under the Export Administration Act which is authorized to be made available to other federal agencies under the Paperwork Reduction Act of 1980 may be released by the Department of Commerce to federal law enforcement and intelligence agencies without a prior determination that it would serve the national interest to do so. Section 12(c) of the Export Administration Act was not intended to prohibit disclosure to other federal agencies, but merely prohibits disclosure of certain confidential trade information to the public. Confidential information obtained pursuant to the Export Administration Act which is not covered by the Paperwork Reduction Act, and is exempt from disclosure under the Freedom of Information Act, may be released to federal law enforcement and intelligence agencies notwithstanding the prohibition in 18 U.S.C. § 1905, if the Secretary of Commerce determines under § 12(c) of the Export Administration Act that failure to make such disclosure would be contrary to the national interest. In the exercise of his discretion under § 12(c), the Secretary of Commerce is subject to the review and direction of the President, and the President thus has the power, which he has previously exercised, to direct the Secretary to make a determination and authorize release of information. 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/22741/download.

  8/24/1981

• 8/24/1981

  Status of Persons Who Emigrate for Economic Reasons Under the Refugee Act of 1980

  Under the Refugee Act of 1980, a "refugee" is defined as a victim of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; economic hardship by itself is not a basis for eligibility as a refugee under the Act. Refugee status under the Refugee Act of 1980 should normally be considered on an individual basis. While the Immigration and Naturalization Service may apply commonly known circumstances to people falling within particular groups without requiring the facts necessary to determine eligiblity to be proved individually in each and every case, group determinations should generally be reserved for situations in which the need to provide assistance is extremely urgent and political reasons preclude an individual determination of status. Fear of prosecution for departing a country in violation of its travel laws is not sufficient to entitle an individual to refugee status, unless it can be shown that such prosecution would be motivated by one o f the proscribed reasons. If the country treats departure as a political act and punishes that act in a harsh and oppressive manner, such circumstances would qualify as "persecution on account of . . . political opinion" under the 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/22746/download.

  8/24/1981