Showing 1371–1380 of 2202

• 2/8/1980

  Management of Admiralty Island and Misty Fiords National Monuments

  Executive Order No. 6166 leaves intact forest reservations on national monument lands, and the Department of Agriculture and the Department of the Interior thus share administrative responsibility for Admiralty Island and Misty Fiords National Monuments. Conclusion of opinion of February 9, 1979 (3 Op. O.L.C. 85 (1979)), that management functions in connection with the two national monuments must be transferred from the Department of Agriculture to the Department of the Interior, reconsidered and amended. 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 www.justice.gov/file/22476/download.

  2/8/1980

• 2/7/1980

  Applicability of Criminal Statutes and "Whistleblower" Legislation to Unauthorized Employee Disclosures

  Several criminal statutes may be applicable to improper disclosure by a Justice Department employee of information pertaining to Federal Bureau of Investigation (FBI) undercover investigations. Employees of the FBI are excepted from the general "whistleblower" provisions of the Civil Service Reform Act of 1978; those provisions do not in any event apply where a disclosure is specifically prohibited by law, as is apparently the case here. 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 www.justice.gov/file/22466/download.

  2/7/1980

• 2/7/1980

  Payment of Private Counsel Fees Under the Department of Justice Representation Program

  Whether fee statements submitted to the government by private counsel retained to represent a government employee may be disclosed to the public without violating applicable ethical standards depends upon the facts of each case. The governmen t's practice of paying some fees and expenses charged by private counsel but not paying others does not present a substantial ethical question, as long as the practice is clearly understood by the employee-clients and their private attorneys. 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 www.justice.gov/file/22471/download.

  2/7/1980

• 2/6/1980

  Applicability of Control of Paperwork Amendments of 1978 to Certain Activities of the Civil Rights Division

  Control of Paperwork Amendments of 1978, which impose restrictions on federal agencies' collection of data from educational institutions, do not apply to collection of data by the Department of Justice in connection with school desegregation litigation. 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 www.justice.gov/file/22456/download.

  2/6/1980

• 2/6/1980

  Presidential Authority Under the Trade Expansion Act to Adjust Shipments of Oil to and from Puerto Rico

  Neither the uniformity of duties clause of the Constitution, Art. I, § 8, cl. 1, nor the port preference clause, Art. I, § 9, cl. 6, require uniformity of import quotas between the mainland and Puerto Rico. The President has authority under § 232(b) of the Trade Expansion Act of 1962 to impose separate quantitative restrictions on oil imports into the U.S. mainland and Puerto Rico, respectively. Any system of separate quotas imposed under the Trade Expansion Act must be justified by national security concerns. By implication, § 232(b) authorizes the President to impose quotas on shipments of oil from Puerto Rico to the U.S. mainland in order to make the separate import quotas effective. 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 www.justice.gov/file/22461/download.

  2/6/1980

• 2/1/1980

  Status of Nonimmigrant Alien Temporary Workers During a Strike

  Conclusion of prior opinion, 3 Op. O.L.C. 179 (1979), relating to status of nonimmigrant alien soccer players during a strike in North American Soccer League, reconsidered and affirmed. There may be situations in which Immigration and Naturalization Service regulation requiring a nonimmigrant temporary worker, as a condition of his or her continued stay in this country, to cease working during a strike, would be sustained as a valid exercise of the Attorney General's authority under the Immigration and Nationality Act. 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 www.justice.gov/file/22451/download.

  2/1/1980

• 1/31/1980

  Constitutionality of All-Male Draft Registration

  This memo examined the constitutionality of gender-based classifications in the Selective Service Act. It concluded that while Congress could prohibit the draft of females based upon their general physical and psychological characteristics, it must also justify the classification by showing evidence that a gender-neutral draft would impose substantial and unavoidable costs to the government.

  9/2/2022

• 1/30/1980

  Use of Foreign Vessels to Transport Petroleum from the Virgin Islands to the United States Mainland

  Under the Merchant Marine Act of 1920, the President is authorized to extend the coastwise laws of the United States to the Virgin Islands, and thus mandate the use of U.S. vessels for transportation of passengers and merchandise from the Virgin Islands to the U.S. mainland. There is a strong argument that the President is empowered to make the coastwise laws applicable to the Virgin Islands solely for the carriage of petroleum and petroleum products. 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 www.justice.gov/file/22446/download.

  1/30/1980

• 1/17/1980

  Department of Justice Authority to Provide "Protective Custody" for Defectors

  While any component of the Department of Justice may contract with the Department of State to perform the latter's security functions, the Department of State is not authorized to provide protective custody to defectors who are neither leading figures in, nor direct representatives of, their government. The Attorney General has authority under the Immigration and Nationality Act to prevent departure of an alien defector who is being repatriated under duress and might, in a particular case, have discretionary authority to provide some sort of protective custody for that defector. Under § 235(b) of the Immigration and Nationality Act, the Immigration and Naturalization Service has authority to detain a defector who is deportable or excludable, until such time as he is granted political asylum. If a defector is assaulted, harassed, specifically threatened, or abducted, so as to bring into play one of several potentially applicable federal criminal statutes, federal law enforcement agencies may be authorized to play a role in his protection. The Secretary of State may designate any defector an official guest in order to make it a federal offense to assault, harass, intimidate, coerce, imprison, threaten, kidnap, or kill the defector. 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 www.justice.gov/file/22441/download.

  1/17/1980

• 1/17/1980

  Imposition of Agricultural Export Controls Under § 5 of the Export Administration Act of 1979

  Export of agricultural commodities can be restrained under the national security controls of § 5 of the Export Administration Act of 1979 only if the exports in question constitute "a significant contribution to the military potential" of the importing country. Whether grain exports will contribute significantly to the military potential of the Soviet Union is a question of fact for the President to determine. 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 www.justice.gov/file/21826/download.

  1/17/1980