Showing 1521–1530 of 2214

• 9/29/1978

  Tort Liability of the United States and a Commercial Air Carrier Arising Out of Government Action During a Commercial Aircraft Hijacking

  This document addresses the management of aircraft hijackings and the liability of the United States and commercial air carriers for actions taken during a hijacking. The document concludes that a carrier would be strictly liable for up to $75,000 in damages per person for injuries in a hijacking, regardless of the actions of the United States. It also discusses the authority of the FAA and FBI to enter into indemnity agreements with carriers and the liability of the United States for actions taken during a hijacking. The questions presented for review include the liability of air carriers for actions of the U.S. Government during a hijacking, the authority of the FAA and FBI to enter into hold harmless agreements, and the liability of the U.S. Government for actions taken with or without the consent of the air carrier during a hijacking.

  9/29/1978

• 9/29/1978

  FBI Domestic Security Investigations

  This memo concluded that the attorney general could lawfully delegate responsibility for approving domestic security investigations to the deputy attorney general.

  9/2/2022

• 9/26/1978

  Applicability of the Service Contract Act of 1965 to Federal Reserve Banks

  This document is a memorandum opinion for the Secretary of Labor regarding the applicability of the Service Contract Act of 1965 to the Federal Reserve banks. The conclusion reached is that the Federal Reserve banks are subject to the provisions of the Service Contract Act. The document presents questions regarding the identification of the Federal Reserve banks with the United States, the argument that the Act is limited to agencies operating with appropriated funds, and the assertion that Congress must expressly include the Federal Reserve banks in the term "United States" for the Act to apply to them. The analysis of the document focuses on the hybrid character of the Federal Reserve banks, their performance of important governmental functions, and the legislative history and purpose of the Act.

  9/26/1978

• 9/19/1978

  Delegation and Quorum Issues Concerning the National Commission on Libraries and Information Science

  This document discusses the delegation of duties by the Librarian of Congress as a member of the National Commission on Libraries and Information Science. It concludes that the Librarian can delegate his official duties and that the Commission's Sunshine Act regulations do not affect the quorum. The questions presented for review include whether the Librarian of Congress can delegate his duties to the Deputy Librarian and whether the Commission's regulations allow for a quorum of less than 8 members. The document also addresses the statutory authority of the Librarian of Congress to make rules and regulations for the government of the Library of Congress.

  9/19/1978

• 9/8/1978

  Whether the Department of Justice May Furnish Technical Assistance to the State of Iowa in Litigation Between the State and a Private Party

  This document discusses the legality of the Department of Justice providing technical assistance to the State of Iowa in a litigation case involving a faulty computer system. The conclusion reached is that this constitutes a legitimate use of the Attorney General’s authority pursuant to 5 U.S.C. § 3372. The questions presented for review include whether the technical services provided are mutually beneficial to the State and the Department of Justice, and whether the assignment of a Department computer expert to provide technical advice to the State is within the broad language of § 3372. Additionally, the document addresses the authority of the U.S. Attorney General under 5 U.S.C. § 3372 to arrange for the assignment of an employee of the Department of Justice to a State or local government for work of mutual concern.

  9/8/1978

• 9/6/1978

  Authority of Water Resources Council to Expend Carried-Over Funds

  This document discusses the authority of the Water Resources Council to expend carried-over funds after the end of fiscal year 1978. It outlines the legislative history and appropriations for the Council, as well as the lack of authorization or appropriation for fiscal year 1979. The conclusion reached in the document is that the Council would continue to exist and would have the authority to spend funds carried over from previous fiscal years. The questions presented for review include whether the Council would continue to exist and have the authority to spend carried-over funds, as well as the reconciliation of authorization and appropriation statutes.

  9/6/1978

• 9/6/1978

  Status of the National Security Council as an Agency Under the Freedom of Information Act

  This document is a memorandum opinion addressing the question of whether the National Security Council (NSC) is considered an agency for Freedom of Information Act (FOIA) purposes. The conclusion reached is that the NSC is generally considered an agency under FOIA. However, the document also presents questions about whether the NSC might be considered not an agency for other purposes and which records held by the Council are considered agency records under FOIA. The document provides an in-depth analysis of the legislative history and statutory authority of the NSC, ultimately concluding that the NSC is an agency for FOIA purposes due to its substantial independent authority in the exercise of specific functions. Additionally, it discusses the potential constitutional claim to general immunity from FOIA and the impact of the Act on the NSC's ability to function in support of the President.

  9/6/1978

• 9/1/1978

  Release to a Court of Trade Secret Information Protected Under the Federal Food, Drug, and Cosmetic Act

  This document discusses the release of trade secret information to a court for the purpose of litigation. The Department is defending personal injury and wrongful death actions related to the National Swine Influenza Immunization Program of 1976. The manufacturers owning the trade secrets have consented to such release. The document concludes that the Department may properly release the documents in the pending litigation, as the manufacturers can waive their right to protection of their trade secrets. The questions presented for review include whether the Department may release documents containing trade secret information acquired under the authority of the Federal Food, Drug, and Cosmetic Act in discovery proceedings.

  9/1/1978

• 8/31/1978

  Authority of Comptroller General to Obtain Information Relating to United States Metric Board Appointments and Recent Coal Strike

  This document discusses two requests for information from the General Accounting Office (GAO) related to appointments to the United States Metric Board and data and memoranda connected with a coal strike. The conclusion reached is that the Comptroller General lacks authority to obtain the information sought. The document presents questions about the authority of the Comptroller General to access the information, the relevance and importance of the information sought, and the constitutional privilege for confidential communications. It also raises concerns about the jurisdiction of the Comptroller General and the power of Congress to restrict the President's discretion in nominating officers of the United States.

  8/31/1978

• 8/30/1978

  The Attorney-Client Relationship in Department of Justice Representation of Individual Employees and Release of Information Obtained During that Representation Under the Freedom of Information Act

  This opinion reviews whether, during the course of the Justice Department's representation of a federal employee in a lawsuit, the attorney-client privilege would conflict with either a government attorney's statutory duty to report violations of law, or the obligation to release information requested under the Freedom of Information Act ("FOIA"). The opinion concludes that the statutory duty to report does not override attorney-client privilege, and that most confidential or "secret" client information would be exempt from disclosure under FOIA. 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/936111/download.

  8/30/1978