Showing 1491–1500 of 2214

• 1/22/1979

  FBI Disclosure of Criminal History Record Information to the Florida Board of Bar Examiners

  This document discusses whether the Florida Board of Bar Examiners is authorized to receive criminal history record information from the FBI for the purpose of investigating the character of applicants for admission to the bar. The conclusion reached is that neither federal law nor Florida court rules authorize the FBI to provide the Board with criminal history record information for this purpose. The document presents questions about the authority of the Board to receive such information, the definition of a "criminal justice agency," and the interpretation of federal law regarding the dissemination of criminal history information for employment or licensing purposes.

  1/22/1979

• 1/17/1979

  Application of 18 U.S.C. § 603 to Activities in the White House Involving the President

  This document is a memorandum opinion for the Assistant Attorney General, Criminal Division, regarding the application of 18 U.S.C. § 603 to activities in the White House involving the President. The document addresses the questions of statutory construction presented by 18 U.S.C. § 603 in this context, specifically whether a room in the White House reserved for the President is a room "occupied by any person mentioned in section 602" and whether a room such as the Family Dining Room is one "occupied in the discharge of official duties." The document also discusses the target of solicitation and whether an offense is stated under § 603 even if the target of an alleged solicitation is not a Federal officer or employee. The Attorney General seeks leave from the Division of the Court for permission to disclose the "Report of the Attorney General Pursuant to 28 U.S.C. § 592(b)" regarding a preliminary investigation of an allegation involving the President under the special prosecutor provisions of the Ethics in Government Act of 1978.

  1/17/1979

• 1/17/1979

  Communications Between the Council of Economic Advisers and the Department of Interior Regarding Proposed Regulations

  This document discusses the consultation process between the Department of the Interior and the Council of Economic Advisers regarding proposed rules for surface mining operations. It concludes that there is no statutory or constitutional prohibition against consultations between the Interior and CEA, and outlines the necessary procedures to ensure compliance with the law. The questions presented for review include whether there is any prohibition against communications within the executive branch, and what limitations are necessary to ensure compliance with recent decisions of the U.S. Court of Appeals for the District of Columbia Circuit. The document also details the procedural steps that have been implemented to address these questions, including the compilation and review of communications, reopening of the record for public comments, and restrictions on further communications during the consultation period.

  1/17/1979

• 1/17/1979

  Interpretation of 18 U.S.C. § 603 as it applies to activities in the White House involving the President

  This memo examined whether President Carter’s alleged political solicitation of campaign contributions from donors in the White House Family Dining Room fell within the statutory definition of 18 U.S.C. § 603. In particular, it examined whether a room such as the Family Dining Room is one “occupied in the discharge of official duties.” It concluded that rooms in the White House used for privately funded and personal entertainment of guests—as President Carter had done—were not covered by the statute.

  9/2/2022

• 1/16/1979

  Amending the Constitution by Convention

  This document provides an analysis of the constitutional law pertaining to the process of amending the Constitution by convention. It discusses the questions and issues surrounding the amendment process, including the validity of State applications, the aggregation of applications on different topics, limitations on the convention's deliberations, and the role of the President in Congress' call for a convention. The document also explores the role of the courts in reviewing questions related to the amendment process. The conclusions reached in the document include the necessity of a national consensus for calling a convention, the ability of Congress to impose limitations on the convention's deliberations, and the potential reviewability of certain questions by the courts. The questions presented for review include the lapse of State applications over time, the aggregation of applications on different topics, and the involvement of the President in Congress' call for a convention.

  1/16/1979

• 1/16/1979

  FBI Disclosure to Local or State Law Enforcement Agency of Personal Information Obtained From Another Law Enforcement Agency

  This document is a memorandum addressing the issue of whether the Federal Bureau of Investigation (FBI) is subject to the accounting requirements of the Privacy Act when disclosing personal information to state or local law enforcement agencies. The conclusion reached is that the handling and transfer of the documents would be subject to the requirements of the Privacy Act, and that the FBI's current practices may not comply with the procedural requirements of the Act. The document presents questions regarding the legality of disclosing records to state or local agencies without establishing a "routine use" under the Privacy Act, and suggests potential solutions to alleviate the problem, such as identifying the records in the FBI Central Records System or avoiding a "system of records" format.

  1/16/1979

• 1/15/1979

  Availability of Funds for the Immigration and Naturalization Service's Special Litigation Unit

  This document is a memorandum opinion addressing the availability of funds for the Immigration and Naturalization Service’s (INS) Special Litigation Unit, which handles cases involving alleged Nazi war criminals. The document concludes that INS is required to make $2,052,000 of the total funds already appropriated for INS available to the Unit. The document also presents three questions for review: whether the absence of a specific item for the Special Litigation Unit in the Appropriation Act and INS budget estimate restricts the availability of funds for the Unit, whether the Authorization Act permits or requires INS to devote $2,052,000 of available funds for the Unit, and the roles of the Office of Management and Budget and the Department's Office of Management and Finance in the process.

  1/15/1979

• 1/2/1979

  Number of Supergrade Positions the Secretary of Energy May Fill Pursuant to the Department of Energy Organization Act

  This document is a memorandum opinion for the General Counsel of the Department of Energy regarding the authority of the Secretary of Energy to fill 20 supergrade positions. The conclusion reached in the document is that the interpretation of the Department of Energy Organization Act (DEOA) by the Civil Service Commission (CSC) is correct, and the 20 supergrade positions are not available to the Secretary. The document presents a detailed analysis of the history of supergrade positions under the DEOA, including the legislative history and the interpretation of the statutory language. The questions presented for review include whether the 20 supergrade positions are available to the Secretary under the DEOA, and the interpretation of the phrase "under existing law" in the context of supergrade positions.

  1/2/1979

• 1/2/1979

  DCID 1/14 Adjudication Policy and Guidance-- Homosexuality as Basis for Denial of Access to SCI

  This memo examined whether the government could lawfully deny access to sensitive compartmented information due to an individual’s homosexuality. It concluded that without a rational nexus between the denial and the protection of SCI, the government could not deny access based on homosexuality alone. However, it also found that the government could deny access in particular circumstances where an individual’s "homosexual" conduct provides a rational basis for the denial of access or results in criminal liability, which would provide another ground for denial.

  9/2/2022

• 12/29/1978

  Post-Employment Restrictions on Former Geologist at Nuclear Regulatory Commission

  This document is a memorandum opinion on a matter involving post-employment restrictions on federal employees under 18 U.S.C. § 207. It discusses the case of Mr. C, a geologist employed by the Nuclear Regulatory Commission, who was offered a position by a consulting firm to work on a subcontract related to a project he had been involved in while working for the Commission. The conclusion reached in the document is that Mr. C's activities would violate § 207 if he were to act for the consulting firm in connection with its performance of the subcontract. The document presents questions regarding the interpretation of § 207 and whether Mr. C's duties with the consulting firm would violate the statute. It also delves into the legislative history and intent behind § 207 to provide a comprehensive analysis of the legal issue.

  12/29/1978