Showing 1211–1220 of 2214

• 6/8/1981

  Negotiated Sale of Foreign Gifts to Members of Congress

  The General Services Administration is authorized to negotiate the sale of gifts from foreign governments to their original recipients, including Members of Congress, notwithstanding the general prohibition against public contracts with Members of Congress in 18 U.S.C. §§ 431 and 432. 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/22661/download.

  6/8/1981

• 5/29/1981

  Anti-Lobbying Laws

  This document is a memorandum from the Assistant Attorney General to the Deputy Attorney General regarding the prohibitions on lobbying by federal officers, employees, and recipients of federal money. The document outlines the various statutes and appropriation riders that restrict the use of federal funds to influence legislation, and it emphasizes that the legislation has been narrowly interpreted to permit a wide range of contacts with Congress and interest groups. The conclusions reached in the document are that the legislation prohibits the use of federal funds for lobbying purposes, but it has been narrowly interpreted to allow certain activities. The questions presented for review include the specific restrictions imposed by different statutes and appropriation riders, as well as the need for case-by-case determination of the correct interpretation of these restrictions.

  7/27/2020

• 5/22/1981

  Interim Directors of the National Consumer Cooperative Bank

  The document discusses the appointment of interim directors to the National Consumer Cooperative Bank and the qualifications required for these appointments. The conclusion reached is that interim directors, like regular directors, serve until their successors have been appointed and qualified. The document also concludes that interim directors appointed from the general public must be qualified in the same manner as regular appointees. The questions presented for review include the status of interim directors and their qualifications, with the document providing a detailed analysis of the statutory language and legislative history to reach these conclusions.

  7/27/2020

• 5/21/1981

  Payment of Moving Expenses as Supplementation of a Government Officer's Salary

  Private employer's payment of prospective federal officer's moving expenses does not constitute a supplementation of his federal salary in violation of 18 U.S.C. § 209, where the payment is contractually or routinely paid to departing employees, where the purpose of the payments is other than to compensate federal employment, and where the entitlement and amount of the payment do not favor federal employment. While neither the prospective officer's continued affiliation with his private employer, nor its payment of his moving expenses, create an immediate or anticipated conflict of interest with his governmental duties, the Justice Department's Standards of Conduct might require that he disqualify himself from any official participation in a matter affecting his private employer's interests. 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/22651/download.

  5/21/1981

• 5/18/1981

  Congressional Authority to Require the States to Lodge Federal Pre-Trial Detainees

  Congress has power to provide for the housing of federal pre-trial detainees, whether by authorizing the construction of federal facilities or arranging with the states to use state facilities; however, it does not follow that Congress could require unwilling states to house federal prisoners, particularly where state reluctance stems from overcrowding in state and local detention facilities. The Tenth Amendment limits Congress' power to enact legislation which interferes with the traditional way in which local governments have arranged their affairs; moreover, principles of federalism limit Congress' power to require state officers to perform federal functions. Historically, Congress has been reluctant to require states to house federal prisoners, although it is not clear whether this reluctance has been motivated by a belief that Congress lacked power to do so by political considerations. A statutory scheme by which Congress would induce, rather than coerce, the states to house federal prisoners through exercise of its spending power is more likely to be held constitutional, although here too there are limits on Congress' power to impose coercive conditions on the states' receipt of federal funds. 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/22646/download.

  5/18/1981

• 5/13/1981

  Constitutionality of Repealing the Employee Protection Provisions of the Regional Rail Reorganization Act

  Congress may modify or repeal altogether the income protection program enacted by Title V of the Regional Rail Reorganization Act of 1973, under which the Consolidated Rail Corporation (Conrail) was given responsibility for paying employee benefits under existing collective bargaining agreements between its five component railroads and their unions. Such action would not result in any constitutionally compensable "taking" from railroad employees, or impair any private contract rights in violation of the Due Process Clause. Railroad employees have no present vested interest in the benefits specified in Title V whose abrogation or modification would be restricted by the Fifth Amendment, since by their nature those benefits are entirely prospective. Congress may interfere with vested property rights, or impair a contract between two private parties, as long as the results are not harsh and oppressive, in light of the governmental interests served by the legislation. Moreover, a legislative measure interfering with contract rights is more likely to be held constitutional if it is one of a long series of actions regulating the business in question. One Congress cannot legislate so as to divest itself or subsequent Congresses of the right and responsibility to exercise the full legislative authority to enact laws for the common good. 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/22641/download.

  5/13/1981

• 5/13/1981

  Payment of Legal Fees in Connection With a Cabinet Member's Confirmation Hearings

  Legal expenses incurred in connection with a Cabinet member's Senate confirmation hearings would be an appropriate subject of payment from funds authorized under the Presidential Transition Act, and may also, consistent with that Act, be paid from private sources. Payment of legal fees incurred in connection with the confirmation process by a private foundation would not be considered to supplement a Cabinet member's salary in violation of 18 U.S.C. § 209, since the purpose and value of the services rendered were directed primarily to the 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/22636/download.

  5/13/1981

• 5/12/1981

  Compact with the Micronesian Entities

  The document is a memorandum from the Department of Justice regarding the initialled Compact with Micronesia. The Department of Justice has several comments and concerns about the compact, including the need for careful examination of Section 174(c) to determine the extent of exposure to nuclear and taking claims in the courts of Micronesia. They also recommend that an implementing agreement should require Micronesians applying for admission to the United States to present documentation, and suggest narrowing the exemption from the Foreign Agents Registration Act provided for in the compact. The document presents questions about the references in Section 178(a), the scope of Section 174(c), documentation requirements for Micronesians, and the exemption from the Foreign Agents Registration Act.

  7/27/2020

• 5/11/1981

  Views concerning whether, if vacancies exist on the Board of Directors of the National Consumer Cooperative Bank, the President may fill such vacancies immediately on an interim basis.

  The document discusses the authority of the President to fill vacancies on the Board of Directors of the National Consumer Cooperative Bank on an interim basis. It concludes that the President is empowered to appoint interim Directors to fill vacancies, and those directors have the full power to take legally binding actions on behalf of the Bank. The document also raises questions about the speed at which interim directors can take action and the extent of their authority, but it ultimately concludes that interim directors are intended to have the same authority as regular directors.

  7/27/2020

• 5/7/1981

  Application of Federal Gambling Laws to Sales of State Lottery Tickets in Indian Territory and Federal Reservations Within the Sponsoring States

  The document discusses the legality of conducting lotteries in federal areas within a state. It concludes that if a federal area is considered part of the state, rather than a separate territory or possession, the state is not prohibited from conducting lottery activities within the federal area. The document presents a detailed analysis of relevant federal laws and regulations, as well as potential conflicts with state laws and tribal ordinances. It raises questions about the authority of the state to conduct lotteries in federal areas, especially in cases where there are conflicting regulations or provisions of law.

  7/27/2020