Showing 1461–1470 of 2214

• 5/22/1979

  Limitation on the Opinion Function of the Office of Legal Counsel

  This document is a memorandum opinion from the Office of Legal Counsel regarding a requested opinion on a pending grand jury investigation. The conclusion reached in the document is that it would not be appropriate for the Office of Legal Counsel to render a legal opinion in this circumstance, as it is not within their authority to provide legal advice at the request of the judicial branch. The questions presented for review include whether the Department of Justice has the authority to investigate possible violations of title 18 involving pension plans covered by the Employee Retirement Income Security Act, and whether the Office of Legal Counsel should respond to the request given that the question is pending before the court.

  5/22/1979

• 5/22/1979

  Questions Concerning the Right to Financial Privacy Act

  This is a memorandum opinion addressing the Right to Financial Privacy Act of 1978 and its impact on the ability of bank supervisory agencies to report violations to the Department of Justice. The conclusions reached in the document are that a report based on a summary or analysis of a customer's financial records is considered a "financial record" under the Act. The Act restricts the dissemination of information obtained from financial records, but allows supervisory agencies to report possible criminal offenses to law enforcement agencies. The document also presents questions about the scope of information that may be included in a report to a law enforcement agency and the implied authority of supervisory agencies to report violations. The document concludes that a report based on a summary or analysis of a customer's financial records is considered a "financial record" under the Act. It also discusses the restrictions and permissions for supervisory agencies to report possible criminal offenses to law enforcement agencies. The questions presented for review include the scope of information that may be included in a report to a law enforcement agency and the implied authority of supervisory agencies to report violations.

  5/22/1979

• 5/21/1979

  Authority of the Three Mile Island Commission to Close Meetings Discussing Its Issuance of Subpoenas

  The document discusses the legislation granting the President's Commission on the Accident at Three Mile Island the power to issue subpoenas and the ability to close its meetings under certain circumstances. The conclusion reached is that the Commission's meetings dealing with its issuance of subpoenas may be closed on the basis of exemption (10) of the Government in the Sunshine Act, 5 U.S.C. § 552b(c)(10). The document presents questions regarding the applicability of the Sunshine Act exemptions, the difficulty with utilizing exemption (10), and the clarification of the Commission's status, as well as the interpretation of the term "agency" in the context of other exemptions.

  5/21/1979

• 5/21/1979

  Effective Date of the Contract Disputes Act of 1978

  This document is a memorandum opinion regarding the effective date of the Contract Disputes Act of 1978. The conclusion reached in the document is that the effective date of the Act is March 1, 1979, based on the language, structure, and legislative history of the Act. The document also presents specific questions for review, including the appointment of members of agency boards, use of subpoena power, and the applicability of the Act to cases filed before and after March 1, 1979. The questions are answered with detailed explanations and scenarios, outlining the specific circumstances under which the Act would apply or not apply.

  5/21/1979

• 5/15/1979

  CETA Programs in Religiously-Affiliated Schools

  In light of a recent disagreement, this opinion reviews a prior OLC opinion, which had held that federal job trainees and employees in sectarian elementary and secondary schools under the Comprehensive Employment and Training Act could not serve in certain positions, due to the Establishment Clause. This opinion reaffirms the OLC's previous conclusion, citing that positions in sectarian schools would indeed produce a primary effect that advances religion, and it was proper for the OLC to advise the Department of Labor accordingly. 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/1085351/download.

  5/15/1979

• 5/14/1979

  Contractual Exemption from Liability for Agents' Negligence in FBI Law Enforcement Training for State and Local Law Enforcement Officers

  This document discusses the legality of FBI agents requiring trainees to agree not to sue them individually for injuries caused by negligence during training. The conclusion reached is that such agreements are legally improper and unenforceable. The document presents questions about the authority of individual agents to set conditions for entry into a federal program, the enforceability of the agreements as a matter of common law, and the potential violation of federal regulations regarding compensation for services. The document also highlights the fact that the United States would remain liable for any negligence covered by the Federal Torts Claims Act, and that no agent has yet been sued in his personal capacity in connection with the FBI training program.

  5/14/1979

• 5/11/1979

  Whether the Federal Mine Safety and Health Review Commission May Disclose in an Opinion or Order Financial Information About a Mine Operator Derived from an Income Tax Return Submitted as Evidence in an Administrative Proceeding

  This document is a legal opinion addressing whether the Federal Mine Safety and Health Review Commission is prohibited from publishing financial information about a mine operator derived from an income tax return produced and submitted as evidence. The conclusion reached is that there is no prohibition in the statutory provisions cited, and such publication would not subject the Commissioners to civil or criminal liability. The document presents questions for review regarding the applicability of Title 26 and Title 18 of the United States Code to the disclosure of financial information derived from a copy of an income tax return, and whether the Commission is authorized to publish such information in its opinions and orders.

  5/11/1979

• 5/2/1979

  Whether the Percentage Limits on Wage Garnishment for Alimony and Child Support in Section 303(b)(2) of the Consumer Credit Protection Act Apply to the Total of Multiple Garnishments

  This document is a legal opinion on whether the percentage limits on wage garnishment for alimony and child support apply to the total of multiple garnishments. The conclusion reached is that the total of multiple garnishments for support may not exceed the percentage of disposable income set by the Consumer Credit Protection Act. The document presents questions regarding the application of the percentage limitations in the CCPA and the immediate action needed in a specific case where the Department of Commerce has been served with two garnishment orders for an employee's salary.

  5/2/1979

• 4/20/1979

  Applicability of Section 307(c)(1) of the Coastal Zone Management Act to Preleasing Activities of the Department of Interior Relating to the Outer Continental Shelf

  This document addresses the issue of whether the preleasing activities of the Secretary of the Interior relating to the Outer Continental Shelf are subject to the consistency requirement of the Coastal Zone Management Act. The conclusion reached is that the preleasing activities are subject to the conformity requirement of the Act. The document also presents questions regarding the interpretation of the statutory language "directly affecting the coastal zone" and whether the preleasing activities directly affect the Coastal Zone, which are considered factual questions that the Attorney General is not authorized to address. The document also discusses the applicability of the Coastal Zone Management Act Amendments of 1976 and the Outer Continental Shelf Lands Act Amendments of 1978 to the preleasing activities.

  4/20/1979

• 4/19/1979

  Construction of Certain Statutory Provisions Relating to the Foreign Service Retirement and Disability System

  This document discusses the proper construction of certain statutory provisions relating to the Foreign Service Retirement and Disability System. It explains the liberalized retirement provisions for certain Foreign Service personnel and the subsequent efforts by Congress to negate these provisions. The conclusion reached is that those who retired after the liberalized retirement benefits were passed but before the subsequent provisions came into effect are entitled to receive the benefits. The questions presented for review include whether the subsequent provisions should be applied prospectively or retrospectively, and whether Congress intended a retrospective repeal of the liberalized retirement benefits.

  4/19/1979