Showing 1311–1320 of 2214

• 8/18/1980

  Applicability of the Federal Advisory Committee Act to the National Endowment for the Humanities

  The Federal Advisory Committee Act (FACA) requires that the names of members of the Humanities Panel of the National E ndowment for the Humanities (NEH) be made available to the public by subgroup, but does not require that such disclosure occur until after the particular subgroup's work has been completed. The privacy exemption to the open meeting requirement of the Government in the Sunshine Act, made applicable to federal advisory committees by the 1976 amendments to FACA, may permit closing some portions of meetings of subgroups of the Humanities Panel at which individual grant applications are discussed; however, the NEH has the responsibility to determine in advance what portions of subgroup meetings will not fall within an exemption to FACA's openness requirement, and to assure that those portions are closed to the public. 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/24581/download.

  8/18/1980

• 8/15/1980

  Disclosure of Confidential Business Records Obtained Under the National Traffic and Motor Vehicle Safety Act

  National Highway Traffic Safety Administration (NHTSA) is not authorized to release confidential information and trade secrets obtained pursuant to § 112 of the National Traffic and Motor Vehicle Safety Act to the Federal Trade Commission (Commission) for use in a pending investigation of possible unfair and deceptive trade practices; § 112(e) precludes disclosure to agencies other than those charged with enforcing Title I of that Act, except in accordance with 18 U.S.C. § 1905. Under 18 U.S.C. § 1905, confidential corporate records may be released if authorized by law; in the present situation only § 8 of the Federal Trade Commission Act, which confers on the President power to authorize disclosure to the Commission of confidential business information protected by § 1905, constitutes such authority. Executive Order No. 12,174 is designed to minimize paperwork burdens on executive agencies, and does not authorize the NHTSA to disclose information protected by § 1905; nor does § 9 of the Federal Trade Commission Act provide such authority, at least in cases where the Commission has not sought to obtain the information through a request to the President under § 8, or directly from the party under investigation. 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/24576/download.

  8/15/1980

• 8/13/1980

  Appropriations Limitation for Rules Vetoed by Congress

  The Presentation Clauses of the Constitution, Article I, § 7, clauses 2 and 3, require amendments of funding statutes, whether achieved through a legislative disapproval mechanism or otherwise, to be presented to the President in order to have the force of law. Congress cannot use its power to appropriate money to circumvent general constitutional limitations on its power. 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/24571/download.

  8/13/1980

• 8/11/1980

  Expense Reimbursement in Connection with Chairman Stone’s Trip to Indonesia

  This opinion concludes that Commodity Futures Trading Commission Chairman James M. Stone's proposed trip to Indonesia as a consultant for Harvard, which is reimbursed by Harvard from its own consultancy contract with Indonesia, does not violate the Emoluments Clause of the Constitution, since the reimbursement provided by the contract cannot be said to be "from a foreign 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 https://justice.gov/olc/page/file/936091/download.

  8/11/1980

• 7/30/1980

  The Attorney General's Duty to Defend and Enforce Constitutionally Objectionable Legislation

  The Attorney General has a duty to defend and enforce both the Acts of Congress and the Constitution; when there is a conflict between the requirements of the one and the requirements of the other, it is almost always the case that he can best discharge the responsibilities of his office by defending and enforcing the Act of Congress. While there is no general privilege in the Executive to disregard laws that it deems inconsistent with the Constitution, in rare cases the Executive's duty to the constitutional system may require action in defiance of a statute. In such a case, the Executive's refusal to defend and enforce an unconstitutional statute is authorized and lawful. 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/22296/download.

  7/30/1980

• 7/25/1980

  Transportation of Federal Prisoners to State Courts Pursuant to Writs of Habeas Corpus

  The Attorney General needs no specific statutory authorization in order to surrender custody of a federal prisoner to state authorities for transportation to a state court pursuant to a writ of habeas corpus, and no federal statute prohibits it. Surrendering a federal prisoner to the temporary physical custody and control of state officers does not result in a loss of federal jurisdiction over the prisoner. Escape of a federal prisoner temporarily in the custody of state authorities pursuant to the direction of the Attorney General would violate the federal escape statute, 18 U.S.C. § 751. 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/24566/download.

  7/25/1980

• 7/22/1980

  Suspension of the Foreign Sovereign Immunities Act in Litigation Involving Iranian Assets

  It is doubtful that the International Emergency Economic Powers Act can be utilized to override conflicting provisions of a comprehensive and specific federal statute such as the Foreign Sovereign Immunities Act, particularly where such action is not demonstrably necessary to dealing with the underlying national emergency. 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/22381/download.

  7/22/1980

• 7/2/1980

  Dual Membership of an Individual on Two Federal Advisory Committees

  There are no legal constraints, including the conflict of interest laws, that would rule out an individual's concurrent membership on two federal advisory committees. Per diem compensation received for service on a federal advisory committee does not constitute a salary from the federal government so as to disqualify an individual receiving such compensation from membership on the President's Nuclear Safety Oversight Committee. 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/24561/download.

  7/2/1980

• 7/1/1980

  Establishment of a Labor Relations System for Employees of the Federal Labor Relations Authority

  Neither Executive Order No. 11,491 nor Title VII of the Civil Service Reform Act of 1978, nor any other law, precludes the Federal Labor Relations Authority and other offices administering Federal labor-management relations law from establishing a collective bargaining system for their employees. The FLRA does not need specific statutory authority in order to bargain with its employees, in light of the general federal policy favoring bargaining by public employees. Any labor relations system established by the FLRA must comply with Title VII and other relevant federal laws and executive orders. In the absence of specific statutory authorization, a labor relations system established in the federal sector may not provide for binding arbitration by an outside third party, because federal officials may not delegate to a private party decisionmaking authority vested in them by Congress; however, advisory arbitration would be legally permissible. 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/24556/download.

  7/1/1980

• 6/30/1980

  Proposed Presidential Proclamation Entitled "Registration Under the Military Selective Service Act"

  The following memorandum was prepared by the Office of Legal Counsel pursuant to its responsibility under Executive Order No. 11,030 for approving all executive orders and presidential proclamations for form and legality. On the constitutional issue raised by the proposed proclamation, it notes the conclusion reached in an earlier opinion of the Office that a male-only draft is constitutional. On the statutory question, it concludes that the President is authorized under the Selective Service Act to require the registration, by age group, of some but not all males between the ages of 18 and 26. 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/24551/download.

  6/30/1980