Showing 1451–1460 of 2214

• 6/27/1979

  Application of the Russell Amendment to Advisory Committees

  This document is a memorandum opinion on the application of the Russell Amendment to the reconstitution of the National Advisory Committee for Women. The conclusion reached is that the Russell Amendment does not limit the use of government funds to pay the expenses of an advisory committee if the funds are otherwise available for use in the procurement of advice and the committee has no nonadvisory functions. The document presents questions regarding the interpretation of the Russell amendment, its legislative history, and its application to advisory committees, as well as the impact of the Federal Advisory Committee Act on the interpretation of the Russell Amendment.

  6/27/1979

• 6/18/1979

  Applicability of the Antideficiency Act to the Peace Corps

  This document discusses the applicability of the Antideficiency Act to the Peace Corps and ACTION, specifically whether the Director of the Peace Corps is considered the "head of an agency" within the Act. The conclusion reached is that the Peace Corps is an agency that is an "independent establishment" and the Director of the Peace Corps is the head of an agency under the Antideficiency Act. The document presents questions regarding the definition of "independent establishment" and "agency" within the Act, and whether the budgetary responsibilities should fall to the Director of ACTION or no one if the Director of the Peace Corps is not considered the head of an agency.

  6/18/1979

• 6/15/1979

  Settlement of Litigation in Which the U.S. Postal Service Is Represented by the Department of Justice

  This document discusses the authority of the U.S. Postal Service and the Attorney General in settling litigation. It concludes that the Attorney General cannot settle litigation over the objection of the Postal Service if it involves a matter within the sole prerogative of the Postal Service. The document also addresses the tension between the dependent and independent aspects of the Postal Service, and the impact on the control exercised by the Attorney General over postal litigation. The questions presented for review include the final settlement authority of the Postal Service, the controls exercised by the Attorney General, and the impact of the Postal Reorganization Act on the litigation authority.

  6/15/1979

• 6/14/1979

  Applicability of the Double Jeopardy Clause to Successive Prosecutions by the United States and the District of Columbia

  This document discusses the applicability of the Double Jeopardy Clause of the Fifth Amendment to the Constitution in the context of potential successive prosecutions by the United States and the District of Columbia for the same acts. The conclusion reached is that because there is an identity of sovereignty between the United States and the District of Columbia, the Double Jeopardy Clause would prevent such successive prosecutions. The document presents questions for review regarding the relationship between the District of Columbia and the United States for double jeopardy purposes, and whether the establishment of a prosecutor's office within the District government would change the application of the Double Jeopardy Clause.

  6/14/1979

• 6/14/1979

  The President's Authority to Redesignate a Member as Chairman of the Federal Home Loan Bank Board

  This document discusses the President's authority to redesignate a member of the Federal Home Loan Bank Board. The Chairman of the Board tendered his resignation, which was accepted by the President, but the Chairman expressed willingness to continue serving. The conclusion reached is that the President was authorized to redesignate the member as Chairman because he was still a member of the Board at that time. The document presents questions about the President's power to remove members of the Board and whether the intent to remove the Chairman as a member would be consistent with the President's letter of acceptance.

  6/14/1979

• 5/30/1979

  Authority of the Secretary of Commerce to Guarantee Payment of Interest on Loans Made to Private Borrowers by Private Lending Institutions

  This document discusses the authority granted to the Secretary of Commerce to issue guarantees of payment of fixed asset and working capital loans made to private borrowers by private lending institutions. The conclusion reached in the document is that the Secretary of Commerce has the power to guarantee not only 90 percent of the principal of fixed asset and working capital loans but also 90 percent of the interest payable on such loans. The questions presented for review include whether the respective authorizing provisions of the statute permit the Secretary to include payment of interest on the loans within his assurances, and whether the Secretary of Commerce has the authority to guarantee the payment of interest on loans.

  5/30/1979

• 5/29/1979

  Conflict of Interest Questions Concerning Department of Agriculture Official

  This document addresses the conflict of interest questions related to Carol T. Foreman, who serves as Assistant Secretary of Agriculture for Food and Consumer Services, and her husband's involvement in a labor union. It discusses the potential impact of the pending merger of two labor unions, in one of which her husband holds a significant position. The document concludes that Ms. Foreman will not be disqualified from matters involving her husband's new union unless he has a financial interest in the matter. It also emphasizes the need for careful consideration and case-by-case approach to determine whether she should recuse herself from matters involving the union. The document presents questions regarding the potential conflict of interest and the appearance of improprieties, and it outlines the legal and ethical considerations that should be taken into account when addressing these issues.

  5/29/1979

• 5/29/1979

  Whether FBI Interception of Radio Transmissions Constitutes "Electronic Surveillance" Under Section 101(f) of the Foreign Intelligence Surveillance Act

  This document is a memorandum opinion for the Director of the Federal Bureau of Investigation regarding the interception of radio communications under the Foreign Intelligence Surveillance Act (FISA). The conclusion reached in the document is that the interception of radio transmissions does not constitute "electronic surveillance" under FISA and does not require a warrant when conducted to gather foreign intelligence information. The document presents a detailed analysis of the statutory interpretation, expectations of privacy, and conclusions regarding the interception of radio communications, and raises questions about whether radio communications fall under the definition of "electronic surveillance" and whether there is a constitutionally protected expectation of privacy for radio transmissions.

  5/29/1979

• 5/25/1979

  Delegation of Authority to State Governors in End-User Gasoline Allocation Program

  This document is a memorandum opinion for the Secretary of Energy regarding the Emergency Petroleum Allocation Act of 1973 (EPAA) and the delegation of powers to State Governors in the end-user gasoline allocation program. The document addresses the constitutional issues surrounding the delegation of powers to the Governors, concluding that it is authorized as long as it does not contravene State law. It also discusses the authority of the President to require end-user allocation of gasoline under EPAA, concluding that the proposed controls are within the scope of the Act. The document raises questions about the constitutionality of delegating federal power to a Governor and whether EPAA authorizes the type of end-user allocation controls proposed.

  5/25/1979

• 5/22/1979

  Arbitration of Contract Claim by Private Commercial Bank Against the Export-Import Bank

  This document discusses the authorization of arbitration for a contract claim by a private commercial bank against the Export-Import Bank (Eximbank), and whether the Department of Justice is authorized to represent Eximbank before the arbitral tribunal. The conclusion reached is that Eximbank is authorized to enter into the arbitration agreement under 12 U.S.C. § 635(a)(1), and the Department of Justice is authorized to represent Eximbank in the arbitration proceedings under 28 U.S.C. §§ 516-17, 519. The questions presented for review include whether the claim is against the United States, whether the United States has waived its sovereign immunity, and the extent of Eximbank's statutory authority to resolve contract claims by arbitration.

  5/22/1979