Showing 1411–1420 of 2214

• 11/8/1979

  Form of Consultation Required for Presidential Decisions Under the Public Utility Regulatory Policies Act of 1978

  This document discusses the consultation process required by Title V of the Public Utility Regulatory Policies Act of 1978 for the President to decide on proposed means of transporting oil from the West Coast. The conclusion reached in the document is that the President has the discretion to choose the form of consultation he considers appropriate, as nothing in the statute or its legislative history suggests a specific form of consultation. The document presents questions about the form of consultation required by the statute and discusses how other statutes requiring consultation do not control the interpretation of the provisions in Title V.

  11/8/1979

• 11/7/1979

  Presidential Powers Relating to the Situation in Iran

  This document is a memorandum addressing possible responses to the situation in Iran following the seizure of the United States embassy in Tehran. The conclusions reached in the document are that the President has the authority to block Iranian assets, prohibit or curtail the export of goods, restrict the movement of Iranian diplomatic personnel, and send troops to aid American citizens abroad. The document also presents questions for review, such as the definition of a national emergency, the President's power to regulate foreign assets, and the limitations of the War Powers Resolution. The memorandum provides legal analysis and interpretations of various laws and treaties related to presidential powers in the context of the Iran situation.

  11/7/1979

• 10/31/1979

  Applicability of 18 U.S.C. § 207 to the General Accounting Office

  This document is a memorandum opinion addressing the applicability of 18 U.S.C. § 207 to the General Accounting Office (GAO). The conclusion reached in the document is that GAO is subject to the requirements of the interim regulations issued by the Office of Personnel Management (OPM) and that 18 U.S.C. § 207 applies to GAO. The document presents a review of whether the ethics regulations issued by OPM pursuant to Title IV of the Ethics in Government Act are applicable to GAO, and whether 18 U.S.C. § 207 applies to GAO. It also discusses the interpretation of the term "independent agency of the United States" and the historical context of the conflict of interest laws in relation to GAO.

  10/31/1979

• 10/30/1979

  Authority of the Attorney General to Withdraw Claims for Gratuitous Payments Made by the Federal Government Under the Indian Self-Determination and Education Assistance Act

  This document discusses the authority of the Attorney General to withdraw claims for gratuitous payments made by the Federal Government under the Indian Self-Determination and Education Assistance Act. The questions presented for review include whether it is mandatory to pursue a claim for gratuitous offsets, whether it is proper for the Attorney General not to pursue the offset, and who is authorized to make the determination and on what basis. The conclusions reached in the document are that the Attorney General has the discretion to withdraw the Government's claim for gratuitous offsets on policy grounds, and that the exercise of discretion should be based on promoting the Government's best interest or preventing flagrant injustice. Additionally, the decision to approve the withdrawal may be made by the Associate Attorney General.

  10/30/1979

• 10/26/1979

  Representation of Criminal Defendant by Former Assistant U.S. Attorneys

  This document is a memorandum opinion addressing a conflict of interest issue regarding former Assistant U.S. Attorneys representing a defendant in a federal criminal matter. The conclusion reached is that 18 U.S.C. § 207 does not prohibit the representation of the defendant by the former attorneys. The questions presented for review include whether the former attorneys had official responsibility for the matters presented, and whether they had participated personally and substantially in the case. The document also discusses the applicability of specific subsections of 18 U.S.C. § 207 to the situation.

  10/26/1979

• 10/23/1979

  Eligibility of Community Development Corporations to Participate in Small Business Administration Procurement Programs

  This document addresses a disagreement between the Small Business Administration (SBA) and the Community Services Administration (CSA) regarding the eligibility of community development corporations (CDCs) for participation in government procurement programs. The conclusion reached in the document is that the two statutes governing SBA and CSA activities can be reconciled to allow CDCs to participate in SBA programs. The document presents questions related to the statutory construction of the SBA and CSA legislation, as well as the interpretation of the definition of "socially and economically disadvantaged" organizations and the ownership requirement for participation in SBA programs. It also raises the issue of the Small Business Administrator's obligation to confer with the Director of CSA and prescribe regulations to ensure the availability of SBA programs to CDCs.

  10/23/1979

• 10/12/1979

  Authority of Bonneville Power Administration to Engage in Pilot Energy Conservation Programs

  This document discusses the authority of the Bonneville Power Administration (BPA) to conduct four energy-conservation pilot programs. The Department of Energy believes that BPA has the authority to carry out these programs as long as they remain in the nature and within the dimensions of testing or pilot programs designed to determine the feasibility of full-scale implementation. The document also addresses the potential impact of conservation measures on the demand for electric power and concludes that the BPA would be authorized to conduct the pilot programs if the Administrator deems them necessary. The questions presented for review include whether the BPA has the authority to engage in the proposed conservation programs and whether these programs would be consistent with the statutory purposes of the BPA.

  10/12/1979

• 10/10/1979

  Scope of Power of Constitutional Convention to Propose Amendments to the Constitution

  This document discusses the Constitutional Convention and the limitations of the power to propose amendments to the Constitution. It addresses the question of whether the Convention Clause authorizes a general or a limited convention process. The document concludes that the legislatures of the States are entitled to apply for specific amendments to the Constitution, and that the convention procedure is a flexible one that can be used for integrated, comprehensive revisions or for multiple amendments. The document also raises questions about how Congress responds to different applications for conventions and how it judges the legitimacy of the applications. It emphasizes the historical context of the Convention Clause and the intended role of the State legislatures in the amendment process.

  10/10/1979

• 10/3/1979

  Legality of Excluding Candidates Over Age 60 From Consideration for Judicial Appointment

  This document discusses the legality of considering the age of candidates for judicial appointment and excluding those over the age of 60. It concludes that the practice is lawful, as the President has the constitutional power to appoint federal judges and exercise discretion in making these appointments. The document also raises questions about whether the practice violates the Age Discrimination in Employment Act of 1967, and whether Congress could deny the President the power to consider age in the selection of judicial appointees. It emphasizes the constitutional significance of the President's power to exert influence over the development and administration of law in the courts through judicial appointments.

  10/3/1979

• 10/1/1979

  Authority of Federal Agencies to Investigate and Screen Non-Federal Employees Before Granting Them Access to Unclassified Information in Federal Computer Systems

  This document discusses the authority of executive branch agencies to implement policies for screening non-Federal employees before granting them access to unclassified information in Federal computer systems. It concludes that Federal agencies have the authority to implement these policies by screening contractor employees in any reasonable manner, but such implementation must be consistent with due process of law. The document also presents the legal and constitutional limits to the exercise of this authority, citing specific court cases and statutes. The questions presented for review include the authority of executive branch agencies to implement the Transmittal Memorandum, the responsibility of the head of each executive agency to assure an adequate level of security for all agency computer data, and the application of due process principles in cases involving the exclusion of contractor employees.

  10/1/1979