Showing 1431–1440 of 2214

• 9/5/1979

  Attorney General Review of Decision by Board of Immigration Appeals on Jurisdiction of Immigration Judge

  This document discusses a case involving the crew of a Dutch tanker seeking temporary landing permits in the United States. The Board of Immigration Appeals (BIA) concluded that the crew were alien crewmen and not subject to the jurisdiction of an immigration judge. The Seafarers International Union (SIU) requested the Attorney General to review the case and reverse the BIA's decision, but the document concludes that the SIU did not present a valid basis for the Attorney General to direct the case for review. The document also addresses the legal arguments raised by the SIU, including the BIA's jurisdiction to review the decision and procedural errors, ultimately finding them insufficient for the case to be referred for review.

  9/5/1979

• 8/28/1979

  Authority of the Attorney General to Pass on the Sufficiency of Title to Lands Acquired by the Department of Energy for the Strategic Petroleum Reserve

  This document is a memorandum opinion for the General Counsel of the Department of Energy, regarding the application and interpretation of Department of Justice regulations in connection with a potential real property transaction relating to the Strategic Petroleum Reserve (SPR) under the Energy Policy and Conservation Act of 1975 (EPCA). The conclusion reached in the document is that the Department's real property transactions with respect to the SPR must be subjected to the Attorney General's review process contemplated by § 255, and the application of the regulations implementing §255 requires disapproval of the transaction outlined in the request. The questions presented for review include whether § 255 applies to transactions for the SPR and, if so, whether under the regulations the transaction in question should be approved. Additionally, the document explores the statutory scheme of the EPCA and the specific requirements for approval of land acquisitions for the SPR.

  8/28/1979

• 8/27/1979

  Transportation of Executive Branch Officials by Government Passenger Motor Vehicles

  The document discusses the transportation of executive branch officials by government passenger motor vehicles, as governed by 31 U.S.C. § 638a. It outlines the exceptions for home-to-work transportation, including medical officers on out-patient medical service, officers engaged in field work, and official use of the President and heads of executive departments. The document also presents questions for review, such as the scope of the Comptroller General's implied exception to § 638a(c)(2), the authorization of home-to-work transportation by appropriations, and the application of the statute to independent regulatory agencies. The conclusions reached in the document include a narrow scope for the Comptroller General's exception, the lack of implicit authorization for home-to-work transportation in appropriations, and the application of the statute to independent regulatory agencies, with the President empowered to promulgate implementing regulations.

  8/27/1979

• 8/22/1979

  Application of Animal Welfare Act to Instrastate Activity

  The document is a memorandum opinion for the Secretary of Agriculture regarding the scope of coverage of the Animal Welfare Act, specifically in relation to intrastate activities. The conclusion reached in the document is that the Animal Welfare Act applies to activities that take place entirely within one state, as well as to those that involve traffic across state lines. The questions presented for review include whether the Act applies to activities that are entirely intrastate and the interpretation of the term "commerce" as used in the Act. The document also provides a detailed analysis of the legislative history and amendments to the Act to support the conclusion.

  8/22/1979

• 8/16/1979

  Political Contributions by Federal Employees

  The document addresses the interpretation of 18 U.S.C. §§ 602 and 607, which pertain to political contributions by Federal employees. The conclusion reached is that voluntary contributions made to political organizations, including committees that support incumbent Federal officers for reelection, are not prosecutable violations under § 607. The document also concludes that liability under § 602 depends on the acts of the Federal officer or employee involved, and assuming that the President, or any other Federal officer or employee, did not act directly or indirectly to secure contributions from other Federal officers or employees, they would not be vicariously liable under § 602. The questions presented for review include whether Federal employees may voluntarily make political contributions to the Carter-Mondale Presidential Committee under § 607, and whether the President would be deemed "in any manner concerned" with soliciting political contributions from Federal employees under § 602.

  8/16/1979

• 8/10/1979

  Applicability of Federal Advisory Committee Act and Federal Conflict of Interest Laws to United States-Japan Consultative Group on Economic Relations

  The document discusses the U.S.-Japan Consultative Group on Economic Relations and addresses two questions: whether the Group is covered by the Federal Advisory Committee Act, and whether the chief of staff for the American members would be subject to the Federal conflict of interest statutes. The conclusion reached is that the Group is not covered by the Federal Advisory Committee Act, and the chief of staff would be considered an officer or employee of the United States subject to the conflict of interest statutes. The document provides detailed explanations and legal analysis to support these conclusions.

  8/10/1979

• 8/6/1979

  Whether Contractors Must Continue to File Financial Reports With the Renegotiation Board in Absence of Appropriation for the Board

  This document discusses the issue of whether contractors must continue to file financial reports with the Renegotiation Board in the absence of an appropriation for the Board. The conclusion reached is that there is no requirement for the continued filing of the reports. The document also presents questions related to the termination of the Renegotiation Board's activities and the implications of Congress' failure to extend the Renegotiation Act after its expiration date. It also raises the question of whether the reporting requirements under the Renegotiation Act were suspended or terminated.

  8/6/1979

• 8/3/1979

  Presidential Appointments During Intrasession Recess of Senate

  This document discusses the President's power to make recess appointments under Article II, Section 2, Clause 3 of the Constitution. It concludes that the President has the authority to make such appointments, and that this power extends to all vacancies existing during the recess of the Senate, regardless of when they arose. The document also raises questions about the definition of a recess, the compensation of recess appointees, and the process for filling vacancies that existed while the Senate was in session. It also highlights the potential conflict between the President's pocket veto power and recess appointment powers.

  8/3/1979

• 8/3/1979

  Justice Department Responsibility for Refugees Landing in the United States

  This memo found that the attorney general could assume custody of refugees landing on U.S. territory by paroling them into the U.S. or by treating the refugees as illegal entrants and detaining them pending deportation. Furthermore, the memo concluded that locating a refugee camp on U.S. territories, the Mariana Islands, or Pacific Islands would have differing effects on the authority of the attorney general to deal with refugees.

  9/2/2022

• 7/31/1979

  Convening the Initial Meeting of Board of Directors of the NationalConsumer Cooperative Bank Before the President Has Appointed All Members

  This document discusses the issue of convening the Board of Directors of the National Consumer Cooperative Bank before all members have been appointed. The conclusion reached is that the Board can be convened with a quorum of at least seven directors, even if all the statutory members have not been appointed. The document also addresses the question of whether recess appointments would be appropriate for the two Government members who are not likely to be confirmed prior to the Senate recess. It is recommended that the President is constitutionally authorized to make recess appointments during the recess, but it would be necessary to submit nominations to the Senate before the recess. Additionally, the document provides guidance on the call for the first meeting of the Board of Directors, including the need for a public announcement of the meeting under the Sunshine Act.

  7/31/1979