Showing 1561–1570 of 2214

• 5/11/1978

  Constitutionality Under the First Amendment of ITAR Restrictions on Public Cryptography

  This opinion reviews whether the International Traffic in Arms Regulations ("ITAR"), which require a license as a prerequisite to exports of cryptographic information, violates the First Amendment. The opinion concludes that the licensing scheme is unconstitutional, since it establishes a prior restraint on the publication of cryptographic ideas and information without meaningful safeguards. 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 https://justice.gov/olc/page/file/936106/download.

  5/11/1978

• 5/10/1978

  Due Process Requirements in Transferring Inmates From the General Prison Population to Administrative and Disciplinary Segregation

  This document discusses the constitutional requirements for transferring federal inmates from the general prison population to administrative segregation. It concludes that due process procedures are required before such transfers, and these procedures apply whether the transfer is for administrative or disciplinary reasons. The document also presents the questions of what procedural protections are constitutionally required for such transfers and whether the existence of a statutory or legally recognized right affects the procedural requirements. Additionally, it addresses the question of whether the transfer context, such as classification or disciplinary procedure, affects the procedural requirements. The document also discusses the specific procedures and safeguards that should be followed in cases of involuntary administrative detention.

  5/10/1978

• 5/9/1978

  Government Authority to Acquire Leasehold Interests in Real Property Under the Declaration of Taking Act

  This document is a legal opinion regarding the United States' authority to acquire leasehold interests in real property by proceedings under the Declaration of Taking Act, where the estimated fair, annual rent exceeds the limitation provided by the Economy Act. The conclusion reached is that the Government is prohibited from filing a declaration of taking when it knows that just compensation would exceed the statutory limit. The questions presented for review include whether the United States is authorized to acquire leasehold interests in real property by proceedings under the Declaration of Taking Act, and whether the limitation provided by the Economy Act applies to the Government's authority to file a declaration of taking.

  5/9/1978

• 5/5/1978

  Constitutionality of Bill Allowing Federal Employees to TakeTime Off to Participate in Religious Observances

  This document addresses the constitutionality of H.R. 12040, which allows federal employees to take time off for religious observances and make up the time with overtime work. The conclusion reached is that, with recommended revisions, the bill would probably not be held unconstitutional. The questions presented for review include whether the bill violates the Establishment Clause of the First Amendment, and whether it satisfies the three-part test of having a secular legislative purpose, a primary effect that neither advances nor inhibits religion, and avoiding excessive government entanglement with religion. The document also discusses the need for the bill to be neutral and nondiscriminatory towards religion.

  5/5/1978

• 4/19/1978

  Concurrent Delegations in the Department of Housing and Urban Development

  The document addresses the issue of concurrent delegations in the Department of Housing and Urban Development (HUD), specifically the delegation of authority by the Secretary of HUD to an officer required to be appointed by the President and to that officer’s deputy. The document concludes that the purpose of concurrent delegations is not to modify the hierarchical organization of the Department, but rather is a matter of form and administrative convenience. It also addresses the challenge to the legality of concurrent delegations and concludes that they do not conflict with the confirmation process and constitute a valid exercise of the Secretary’s authority. The questions presented for review include the legality and implications of concurrent delegations in relation to the confirmation process and the hierarchical responsibilities within the department.

  4/19/1978

• 4/7/1978

  Receipt of Veterans' Benefits by Persons Who Obtained Upgraded Discharges

  This document discusses the implementation of Pub. L. 95-126, 91 Stat. 1106 (1977), 38 U.S.C.A. 3103 (1979), which addresses the receipt of veterans' benefits by individuals who obtained upgraded discharges. The conclusion reached is that the statute does not intend to alter the obligations of the Veterans Administration that took effect before October 8, 1977, and therefore no serious constitutional issue arises. The document presents questions for review regarding the effect of the statute on VA loan guaranties, the application of the statute by the VA, and the constitutionality of Pub. L. 95-126 as it affects VA benefits generally. It also discusses the broad power of Congress to modify or withdraw benefits, as well as the lack of vested rights for veterans to receive VA benefits.

  4/7/1978

• 4/5/1978

  Transfer of Funds From the National Commission on the Observance of International Women's Year to the Committee of the National Women's Conference

  This document is a memorandum opinion regarding the transfer of funds from the National Commission on the Observance of International Women’s Year to the Committee of the National Women’s Conference. The conclusion reached in the document is that the Commission’s funds may not be transferred to the Committee by grant, contract, or other means. The questions presented for review include whether the funds of the Commission can be transferred to the Committee and whether the financing of the second Conference planning function of the Committee of the Conference beyond March 31, 1978, was contemplated by the Act. Additionally, the document presents a concise summary of the legislative history and debates related to the termination date and financing of the second Conference planning function.

  4/5/1978

• 4/3/1978

  FBI Undercover Practices

  In this memo, the OLC advised the FBI regarding the legality of certain undercover practices, including the use of income from the investigation to defray the costs of the investigation, the leasing of property to further the investigation, and depositing money into banks. The OLC concluded that even though it was probably not Congress’ intention to circumvent essential FBI undercover efforts, the broad language of several statutes raised questions about the legality of those practices. The OLC concluded that the long-term solution was corrective legislation and the short-term solution was the OLC and FBI bringing the matter to the attention of the appropriate Congressional committees.

  9/2/2022

• 3/16/1978

  Constitutionality of Providing Tax Credits or Grants for Tuition Payments to Nonpublic Elementary and Secondary Schools

  This document is a memorandum opinion for the Attorney General regarding the constitutionality of providing tax credits or grants for tuition payments to nonpublic elementary and secondary schools. The conclusion reached in the document is that both proposals for tax credits or grants would violate the First Amendment guarantee against establishment of religion, based on existing Supreme Court decisions. The document presents a concise summary of the questions for review, including the specific proposals for tax credits or grants, the constitutional implications under the Establishment Clause, and the potential impact on sectarian education.

  3/16/1978

• 3/16/1978

  Service of Acting Administrator of the Law Enforcement Assistance Administration Beyond Thirty Days Following the Resignation of the Administrator

  This document is a memorandum opinion for the Attorney General regarding the service of Mr. James H. Gregg as Acting Administrator of the Law Enforcement Assistance Administration (LEAA) following the resignation of its Administrator. The opinion concludes that Mr. Gregg's service as Acting Administrator could not extend beyond 30 days, and that after that date, there was no legal authority for anyone to perform the duties of the Administrator except the Attorney General himself. The document also presents questions regarding the interpretation of the Vacancy Act, the authority of the Attorney General over LEAA, and the de facto officer rule. It suggests that the uncertain status of Mr. Gregg's authority should be resolved by the President submitting a nomination to fill the position of Administrator.

  3/16/1978