Showing 561–570 of 2202

• 5/28/1997

  National Archives Access to Taxpayer Information

  Neither the Secretary of the Treasury nor the President can permit the National Archives and Records Administration to inspect tax returns or return information pursuant to 44 U.S.C. § 2906(a)(2) for purposes of appraising the records. 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/19811/download.

  5/28/1997

• 5/6/1997

  Service by Federal Officials on the Board of Directors of the Bank for International Settlements

  18 U.S.C. § 208(a) does not prohibit the Chairman of the Federal Reserve Board and the President of the Federal Reserve Bank of New York from serving in their official capacities on the Board of Directors of the Bank for International Settlements. 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/19816/download.

  5/6/1997

• 4/25/1997

  Immunity of Smithsonian Institution From State Insurance Laws

  The federal government immunity arising from the Supremacy Clause of the Constitution renders the Smithsonian Institution constitutionally immune from state insurance laws and state licensing requirements that would otherwise apply to its issuance of gift annuities. 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/19821/download.

  4/25/1997

• 4/22/1997

  Applicability of Executive Order No. 12976 to the FDIC

  Neither the Federal Deposit Insurance Corporation's broad discretion to determine the compensation of its employees nor its status as an independent agency exempts the FDIC from the requirements of Executive Order No. 12976. 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/19826/download.

  4/22/1997

• 4/18/1997

  Personal Satisfaction of Immigration and Nationality Act Oath Requirement

  Section 504 of the Rehabilitation Act does not require accommodation for persons unable to form the mental intent necessary to take the naturalization oath of allegiance prescribed by section 337 of the Immigration and Nationality Act. The oath requirement of section 337 may not be fulfilled by a guardian or other legal proxy. 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/19831/download.

  4/18/1997

• 4/2/1997

  Calculating Rate of Pay of Department of Justice Employees for Purposes of "Covered Persons" Determination Under Independent Counsel Act

  The term "rate of pay" in the section of the Independent Counsel Act that indicates which Department of Justice employees are "covered persons" does not include "locality-based comparability payments" under 5 U S.C § 5304. 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/19836/download.

  4/2/1997

• 3/27/1997

  Qualification Requirement for Aliens Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

  The phrase "40 qualifying quarters of coverage" in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 can fairly be interpreted as incorporating the methodology under section 213 of the Social Security Act for calculating quarters of coverage, but not also the strict definitions of wages, employment, and self-employment income under other sections of the Social Security Act. 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/19841/download.

  3/27/1997

• 3/10/1997

  Preemptive Effect of the Bill Emerson Good Samaritan Food Donation Act

  The Bill Emerson Good Samaritan Food Donation Act preempts state "good Samaritan" statutes that provide less protection from civil and criminal liability arising from food donated in good faith for distribution to the needy than the Act provides. 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/19846/download.

  3/10/1997

• 3/3/1997

  Revocation of Citizenship

  The Immigration and Naturalization Service has authority to institute either administrative or judicial proceedings to denaturalize citizens whose criminal convictions disqualified them from citizenship as a matter of law. Whether the proceedings are administrative or judicial, the INS must establish the allegations in its complaint by clear, unequivocal, and convincing evidence. The INS has no authority to seek denaturalization if the INS examiner had discretion to find that an applicant was of good moral character, and in fact did exercise that discretion so as to find that the applicant was of good moral character, unless the INS establishes in its complaint by clear, unequivocal, and convincing evidence either that the applicant gave false testimony with the intention of obtaining an immigration benefit or that the examiner's decision resulted from the applicant's willful misrepresentation or concealment of a material fact. The INS may seek denaturalization if the applicant made a false oral statement under oath (regardless of whether the testimony is material) with the subjective intent of obtaining immigration benefits. Alternatively, the INS may seek denaturalization if the applicant procured naturalization by concealment or willful misrepresentation of a material fact. In either case, the INS must prove its complaint by clear, unequivocal, and convincing evidence. 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/19851/download.

  3/3/1997

• 2/21/1997

  Authority of the Attorney General to Grant Discretionary Relief from Deportation Under Section 212(c) of the Immigration and Nationality Act as Amended by the Antiterrorism and Effective Death Penalty Act of 1996

  The amendment of section 212(c) of the Immigration and Nationality Act by section 440(d) of the Antiterronsm and Effective Death Penalty Act of 1996 deprived the Attorney General of the authority to grant discretionary relief from deportation for aliens who committed certain crimes. Section 440(d) applies to section 212(c) applications for discretionary relief pending on the effective date of AEDPA. 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/19856/download.

  2/21/1997