Showing 1531–1540 of 2214

• 8/22/1978

  Disposition of Federal Excess Personal Property Under the Federal Property and Administrative Services Act of 1949 and the Foreign Assistance of 1961

  This document is a memorandum opinion addressing the issue of how § 3(d) of Pub. Law No. 94-519, 40 U.S.C. § 483(d), affects Federal excess personal property disposition under § 608 of the Foreign Assistance Act of 1961. The conclusion reached is that § 3(d) governs only grants and not loans made by the Agency for International Development (AID) under § 608. The document presents questions regarding the interpretation and application of § 3(d) in relation to the disposition of excess property in connection with both grants and loans made by AID under § 608. It also reviews the legislative history and intent behind § 3(d) and its impact on the use of excess property in foreign assistance programs.

  8/22/1978

• 8/18/1978

  Whether Department of Justice May Accept Uncompensated Services of Student Volunteers

  This document discusses the issue of whether the Department can accept the uncompensated services of student volunteers, particularly if the students are given assignments that would aid the Department in its mission. The conclusion reached is that the Department cannot accept uncompensated services by students who are given assignments that would aid the Department in its mission. The document raises the question of whether 31 U.S.C. § 665(b) or any other authority precludes the Department from accepting uncompensated services by students who are given assignments that would aid the Department in its mission. It also discusses the distinction between voluntary service and gratuitous service, as well as the implications of accepting uncompensated services. Additionally, the document highlights the issue of statutory authority for accepting uncompensated services.

  8/18/1978

• 8/16/1978

  Constitutionality of Bill Restricting President's Authority to Remove the Director of the Office of Personnel Management

  This document addresses the constitutionality of a provision in the Civil Service Reform bill that limits the President's power to remove the Director of the Office of Personnel Management (OPM) to only specific circumstances. The conclusion reached is that officials within the Executive branch who perform primarily executive functions must be removable at the will of the President in order for the President to execute the laws faithfully. The document presents the question of whether an official within the Executive branch can be insulated from the President's direction and control, and concludes that the President's necessary removal power cannot be circumscribed in the manner contemplated by the bill.

  8/16/1978

• 8/14/1978

  Authority of Civil Service Commission to Require Department of Justice to Hire Attorneys According to Numerical Rating System

  This document discusses the evaluation of employment procedures at the Department of Justice and the conclusion that the procedures concerning Schedule A and B excepted-service positions did not satisfy the requirements of the Veterans Preference Act. The main question presented for review is whether the Civil Service Commission has the authority to require a numerical rating system for attorney positions, which is in conflict with the statutory restrictions on the Commission's authority over attorney hiring. The document also presents the historical context of attorney selection procedures and the application of veterans' preference in the hiring process. The conclusion reached is that the Department of Justice's practice of positively considering veterans' preference and the new procedure for attorney selection reasonably gives effect to the Veterans Preference Act, and the Commission's request for a numerical rating system may not be necessary.

  8/14/1978

• 8/9/1978

  Status of the Pacific Northwest River Basin Commission Under the Federal Unemployment Tax Act

  This document discusses the status of the Pacific Northwest River Basin Commission (PNWRBC) under the Federal Unemployment Tax Act (FUTA). The State of Washington contends that the PNWRBC is a taxable local governmental unit under State law, while the Water Resources Council argues that the PNWRBC is a “wholly or partially owned” Federal instrumentality exempt from State unemployment taxes. The conclusion reached in the document is that the PNWRBC is exempted from the State of Washington’s unemployment tax, based on the ruling from the Department of Labor that the PNWRBC is covered by the Unemployment Compensation for Federal Employees Program. The questions presented for review include whether the PNWRBC employees are eligible for unemployment compensation under the UCFE program and whether the PNWRBC is exempted from State taxation under the FUTA provision.

  8/9/1978

• 8/3/1978

  Emergency Authority to Electronic Surveillance

  This memo examined the use of electronic surveillance in the then-recent hostage situations in Puerto Rico, concluding that, because the hostage situation did not pose a threat to national security, the Wiretap Act authorized emergency surveillance only if the situation involved “conspiratorial activities characteristic of organized crime.” The memo urged legislative action to clarify the FBI’s emergency authority to act in this area.

  9/2/2022

• 8/2/1978

  ERA: Power of the States to Rescind Prior Ratification

  In this memo, the OLC confirmed its prior conclusion that states had no power to withdraw prior ratification to the ERA, but noted valid disagreement on the question, including on the part of the attorney general.

  9/2/2022

• 7/27/1978

  Restriction on Activities of Members of the Indian Claims Commission After It Goes Out of Existence

  This document is a memorandum opinion for the Commissioner, Indian Claims Commission, regarding the restriction on activities of former members of the commission. The conclusion reached in the document is that the statutory restriction on former members will remain in effect even after the commission goes out of existence. The document presents questions for review regarding the interpretation of the restriction, its purpose, and its consistency with the language and structure of the Act establishing the Indian Claims Commission. It also raises the question of whether the prohibition against representation of any Indian tribe, band, or group during a Commissioner’s term of office and for a period of two years thereafter must be read to remain in effect after dissolution of the Commission.

  7/27/1978

• 7/21/1978

  Effect of Tie Vote by Department Review Committee on Declassification of Document

  This document addresses the legal effect of a tie vote by the Department Review Committee (DRC) on the declassification of a document. The conclusion reached is that declassification is not appropriate in the event of a tie vote by the DRC. The document presents questions for review regarding the burden of proof provision in the regulations that relate directly to the declassification review process, and whether the reference to the "burden of proof" in the regulations was intended to refer to the ultimate burden of persuasion or to the burden of going forward. It also discusses the function of the DRC and whether an equally divided vote results in declassification.

  7/21/1978

• 7/20/1978

  Use of LSAT Scores in the Department's Honor and Summer Intern Programs

  This document is a memorandum addressing the use of Law School Admission Test (LSAT) scores in the Department’s Honor and Summer Intern Programs. The conclusion reached in the document is a recommendation against the use of LSAT scores due to concerns about their reliability, legality, and potential impact on minority applicants. The questions presented for review include whether the Department's use of LSAT scores is reasonably predictive of job performance, and whether it creates a discriminatory impact on minority applicants. The document also raises the issue of the Department's compliance with the requirements of private employers in using validated selection criteria.

  7/20/1978