Showing 1501–1510 of 2214

• 12/21/1978

  Appointment of Former or Sitting Members of Congress to Civil Offices Created by Congress at the Time Such Persons Were Congressmen

  This document addresses the legal restrictions on the appointment of former or sitting Members of Congress to civil offices created by Congress. It cites Article I, § 6, cl. 2 of the Constitution, which prohibits Senators and Representatives from being appointed to any civil office under the Authority of the United States during the time for which they were elected. The document concludes that current members of the House of Representatives are not affected, but only Senators whose terms expire at noon on January 3, 1979, will be eligible for appointment to the judgeships created by the Omnibus Judgeship Bill. The document also raises questions about the eligibility of Senators whose terms do not expire in 1979 and the disqualification of members of the House of Representatives who were re-elected to a new term.

  12/21/1978

• 12/20/1978

  Use of Funds for Food Stamp Workfare Projects

  This document addresses the issue of whether funds authorized by the Comprehensive Employment and Training Act (CETA) can be used to cover employment-benefit and administrative costs associated with workfare pilot projects required by the Food Stamp Act of 1977. The conclusion reached is that, with limited exceptions, CETA funds are not available to cover such costs. The document presents a detailed background of the workfare provision of the Food Stamp Act, the legislative history, and the amendments to CETA in 1978. It also includes the opinions of the Solicitor of Labor and the Department of Agriculture, as well as the recommendations made to Congress regarding the use of CETA funds for workfare projects. The document raises questions about the interpretation of the Food Stamp Act and CETA, the separate nature of workfare projects and CETA programs, and the lack of corrective action taken by Congress in response to the opinions presented.

  12/20/1978

• 12/18/1978

  Acceptance of Funds by the Department of Justice From Other Agencies to Employ Attorneys in Land Acquisition Cases

  This document discusses the legality of the Department of Justice accepting funds from other agencies to employ attorneys for land acquisition cases. The conclusion reached is that it is proper for the Department of Justice to accept funds from another agency for attorney services, depending on the particular facts and justification. The questions presented for review include whether it is legally appropriate for the Department to accept funds from another agency, what kinds of work the attorneys in question may perform, and alternative means of obtaining agency assistance in regard to these land acquisition cases. The document also outlines practical obstacles such as the freeze on Federal employment and the ceilings imposed by the Office of Management and Budget.

  12/18/1978

• 12/18/1978

  Application of State Law to CIA's Proposed Administration of Polygraph Examinations of Its Contractors' Employees

  This document discusses the Central Intelligence Agency's (CIA) authority to conduct polygraph examinations on employees of U.S. corporations with classified contracts with the CIA. The conclusion reached is that the CIA has the authority to conduct these examinations in order to protect the confidentiality of classified information. The document also addresses the question of whether a Massachusetts law prohibiting lie detector tests can be applied to the CIA or its contractors, and concludes that the law may not be legitimately applied to either the CIA or its contractors to preclude authorized polygraph examinations. The document emphasizes that the application of State law to Federal contractors is dependent on the specific circumstances and may result in litigation.

  12/18/1978

• 12/18/1978

  Application of State Law to CIA's Proposed Administration of Polygraph Examinations to Its Contractors' Employees (II)

  This document discusses the legality of the Central Intelligence Agency (CIA) administering polygraph examinations to employees of United States corporations with classified contracts with the CIA. The conclusion reached is that the CIA is authorized and required to conduct investigations of its contractors’ employees to ensure the security of classified information, and the use of polygraph examinations is considered an authorized Federal function. The document also addresses the question of whether a Massachusetts statute prohibiting lie detector tests can be applied to the CIA or its contractors, and concludes that the statute may not legitimately be applied to either the CIA or its contractors. The document presents the questions of the legality of polygraph examinations by the CIA and the application of a Massachusetts statute to the CIA and its contractors for review.

  12/18/1978

• 12/18/1978

  Visa Revocation and Dual Citizenship Issues in the Cuban Parole Program

  This document addresses two main questions: whether a parole visa can be revoked once the parolee has entered the United States, and whether the law allows any Cuban with dual U.S.-Cuban citizenship to immigrate to the United States with their entire family. The document concludes that parole can be revoked under certain conditions, and the parolee may face exclusion proceedings. It also determines that U.S. citizens with dual Cuban citizenship and their immediate relatives may enter the United States without regard to restrictions applicable to aliens, and that other family members may be paroled into the United States. The document also discusses the interpretation of the United Nations Convention and Protocol Relating to the Status of Refugees in relation to asylum claims in exclusion proceedings.

  12/18/1978

• 12/15/1978

  Use of Mail Covers in FBI Investigations Under the Foreign Intelligence and Foreign Counter-Intelligence Guidelines

  This document discusses a constitutional challenge to the use of mail covers in cases being investigated by the FBI under the Foreign Intelligence and Foreign Counter-Intelligence guidelines. The plaintiff, Lori Paton, sued the FBI in 1973 seeking damages for injuries caused by the interception of a letter she had written to the Socialist Workers Party. The District Judge Whipple's opinion on remand declared the regulation unconstitutional on its face, concluding that it infringed on political associational freedoms protected by the First Amendment. The document raises questions about the constitutionality of the mail cover regulation and its application, as well as the implications for the continued use of mail covers under the existing FBI guidelines.

  12/15/1978

• 12/14/1978

  Security Issues Under Foreign Intelligence Surveillance Act

  Authored a few months after the passage of the Foreign Intelligence Surveillance Act (FISA), this memo summarized issues concerning the security procedures under FISA and attempted to convey the position of the intelligence community with respect to the functioning of the to-be-constituted foreign intelligence surveillance courts. It included discussion of the location of the court overseeing surveillance, whether court personnel should be part of the executive branch, the use of law clerks, security clearances for judges and judicial branch court personnel, and security and storage of court records.

  9/2/2022

• 12/6/1978

  Disposition of Items Carried by Astronauts on Space Flights

  This document discusses the disposition of postal covers taken by astronauts on space flights, specifically focusing on the Apollo 15 mission. The conclusion reached is that NASA has a claim to covers taken to the moon for commercial purposes and can seek recovery of profits from any sales of authorized souvenir items. The questions presented for review include whether NASA has a claim to the covers and souvenirs in its custody and what remedies are available to prevent astronauts from profiting from the commercial exploitation of such souvenirs. The document also details the unauthorized covers taken by the astronauts, the covers given to Astronaut Worden, and other authorized covers carried by the astronauts. It concludes that a claim in quasi-contract for the proceeds of the sale could lie and that a breach of fiduciary obligation would result in the imposition of a constructive trust over the covers themselves for NASA's benefit.

  12/6/1978

• 12/6/1978

  Legality of Funding the Wider Opportunities for Women Program in the Metropolitan Washington Area

  This document addresses the legality of funding the Wider Opportunities for Women (WOW) program in the metropolitan Washington area under the Comprehensive Employment and Training Act. The conclusions reached in the document are that Congress has authorized the Secretary of Labor to fund programs designed to assist women in overcoming disadvantages in the labor market. The document also presents questions about the appropriateness of funding the WOW program and the legality of a sexually exclusive program. The document advises revising the administration of the WOW program to include male applicants who can demonstrate comparable disadvantages. The document raises questions about the legality of funding programs directed toward women or members of minority groups, the appropriateness of funding the WOW program, and the legality of a sexually exclusive program. It concludes that Congress has authorized funding for programs designed to assist women in overcoming disadvantages in the labor market, but advises revising the administration of the WOW program to include male applicants who can demonstrate comparable disadvantages.

  12/6/1978