Showing 1621–1630 of 2214

• 9/26/1977

  Use of White House Funds for Payment of Consultants to Assist Presidential Nominee to Regulatory Agency at Confirmation Hearing

  The document discusses the legality of using funds appropriated to the White House Office to pay a consultant (an attorney) to assist a nominee to a regulatory agency in his confirmation hearing and to prepare the individual to assume his position, if appointed. The document concludes that the White House Office may expend funds to protect the official interest involved in assisting a nominee, as it advances the official interests of the Presidency. The questions presented for review include whether services of this type are subject to any other statutory prohibition and whether assisting a nominee is a "reasonably necessary" activity of the White House Office.

  9/26/1977

• 9/23/1977

  Whether the Term "Federal Financial Assistance" in Section 504 of the Rehabilitation Act of 1973 Includes Federal Programs of Guarantee or Insurance

  The document is a legal opinion on whether the term "Federal financial assistance" in section 504 of the Rehabilitation Act of 1973 includes Federal programs of guarantee or insurance. The conclusion reached in the document is that the term "Federal financial assistance" does not include programs of insurance or guarantee. The questions presented for review include the legislative history of section 504, the comparison with Titles VI and IX, and the intent of Congress in extending the prohibition against discrimination of the handicapped.

  9/23/1977

• 9/22/1977

  Law Enforcement by Marine Corps at San Onofre Nuclear Generation Plant

  The document addresses the legal aspects of the U.S. Marine Corps providing police protection for the San Onofre nuclear power plant. The conclusion reached is that the Marine Corps has the authority to apprehend civilians who violate federal law on the Camp Pendleton reservation and turn them over to civilian authorities for prosecution and trial. The questions presented for review include the enforcement authority of the base commander and the applicability of the Posse Comitatus Act to restrict the use of military police on a military reservation. The document also discusses the jurisdiction of the United States over Camp Pendleton and the legal issues surrounding the responsibility for law enforcement at the San Onofre power plant.

  9/22/1977

• 9/20/1977

  Issuance of Commemorative Proclamations

  The document discusses the issuance of commemorative proclamations by the President, outlining that some are issued based on tradition and others are issued as a result of joint resolutions of Congress. It concludes that the President has discretion in issuing proclamations based on tradition and that all proclamations are purely hortatory and without legal force. The document also suggests that the number of proclamations presented to the President could be reduced if Congress reviewed existing requests and substituted them with requests for permanent proclamations.

  9/20/1977

• 9/19/1977

  Transfer of Authority to Resolve Disputes Regarding Naval Petroleum Reserve

  The document discusses the transfer of authority from the Secretary of the Navy to the Secretary of Energy regarding the administration of Naval Petroleum Reserve Numbered 1. The conclusion reached is that the function of resolving disputes under the contract between the United States and a major oil company has been transferred from the Secretary of the Navy to the Secretary of Energy. The document presents a question of whether the Secretary of the Navy's role in determining disputes under the contract has devolved upon the Secretary of Energy by reason of Section 307 of the Act. It also discusses the impact of the Department of Energy Organization Act on the contract and the transfer of authority.

  9/19/1977

• 9/12/1977

  Proposed District of Columbia Uniform Controlled Substances Act

  The document is a memorandum opinion on the proposed District of Columbia Uniform Controlled Substances Act. The conclusion reached is that the District of Columbia Council does not have the authority to enact Section 503 of the bill, as it would conflict with the right of the United States under 21 U.S.C. § 881 to property forfeited on controlled substances grounds. The questions presented for review include whether the District of Columbia Council has the authority to enact Section 503 of the proposed bill and whether the bill would give the District a competing claim to property in which the United States now possesses the sole right of forfeiture.

  9/12/1977

• 9/9/1977

  Payment of Salary of Appointee to Dual Positions of Director of Peace Corps and Deputy Director of ACTION

  The document is a memorandum opinion addressing the issue of whether a Presidential appointee to the dual positions of Director of the Peace Corps and Deputy Director of ACTION can be paid at the lower of the two salaries. The conclusion reached in the document is that the appointee must be paid the higher of the two salaries, as a Federal office holder cannot legally waive a salary fixed by law. The questions presented for review include the legality of dual office-holding, the ability of a governmental official appointed to two different positions to be paid the salary of the lowest paying position, and the implications of the Glavey v. United States case on the issue.

  9/9/1977

• 9/9/1977

  Presidential Authority to Act in the Case of Eddie Slovik

  The document discusses the President's authority to act in the case of Eddie D. Slovik, who was executed for desertion in 1945. The conclusion reached is that the President has no power to review or overturn the decision of the Secretary of the Army, and even a posthumous pardon would not remove the disability imposed by statute on his widow to receive the life insurance proceeds. The document presents questions for review regarding the President's power of review over the Slovik case, as well as the potential use of the pardon power to restore the right to payment of the insurance policy.

  9/9/1977

• 9/9/1977

  Viability of Criminal Prosecutions Regarding the MKULTRA Program

  This document is a review of the MKULTRA program and the potential for criminal prosecution related to the program. The conclusion reached is that it would be difficult, if not impossible, to obtain criminal convictions unless substantial new evidence is uncovered. The document presents questions regarding the difficulty of establishing specific intent, the statute of limitations, and the destruction of records. It also raises questions about the legality of the destruction of records and the potential for a review of available evidence to determine if there is evidence of a prosecutable offense.

  9/2/2022

• 9/8/1977

  Transfer of Appropriated Funds From the Department of Housing and Urban Development to the National Commission on Neighborhoods

  The document is a memorandum opinion regarding a proposed interagency agreement between the Department of Housing and Urban Development (HUD) and the National Commission on Neighborhoods. The Commission was established by the Supplemental Housing Authorization Act of 1977, with an appropriation of funds not to exceed $1,000,000. The opinion concludes that no agreement can be executed at this time due to the absence of legally appointed members of the Commission. The document also raises questions about the need for an agreement once the Commission is a functioning body and highlights the limitations on the powers and duties of the Commission until all members are appointed.

  9/8/1977