Showing 1641–1650 of 2214

• 7/7/1977

  Retirement Benefits of Tax Court Judges

  The document is a memorandum opinion addressing the retirement benefits of Tax Court judges. The conclusion reached in the document is that a Tax Court judge who has made an election to participate in the court's retirement system, and thereafter fails to serve the minimum number of qualifying years, is nevertheless barred from receiving an annuity under the Civil Service Retirement System for prior or subsequent Federal service. The document presents questions for review regarding the effective date of the election, the legislative intent behind the statute, and the postenactment explanations of congressional intent by subsequent statements of individual Members.

  7/7/1977

• 6/25/1977

  Damage Claims Under the Atomic Energy Act

  The document discusses the effect of a floor amendment proposed by Senator Hathaway on the Price-Anderson Act, which deals with public liability claims arising from nuclear incidents. The conclusion reached in the document is that the Hathaway Amendment excludes the costs of investigation, settlement, and defense of claims under the Federal indemnity, but does not change the treatment of those costs under the overall limit on public liability, financial protection insurance, or the industry-funded deferred-premium elements of the statutory compensation system. The document presents questions about the intent of the Hathaway Amendment, the treatment of costs under different elements of the Price-Anderson Act, and the legislative history and statutory construction principles that support the conclusions reached.

  6/25/1977

• 6/21/1977

  Application of 18 U.S.C. §§ 212—213 to Borrowing Practices of Bank Examiners

  The document discusses the borrowing practices of bank examiners and whether certain scenarios violate 18 U.S.C. §§ 212-13. It concludes that while the second approach of allowing a bank examiner to obtain loans from banks where their authority to examine has been revoked does not violate the law, the first approach of a bank examiner's spouse borrowing money from a federally insured State bank poses potential problems. The document raises questions about whether loans to the spouse of a bank examiner could lead to biased and less than objective examination of the bank, and whether the courts would apply the statutes to such situations. It also recommends extreme caution in following this practice. Additionally, the document discusses the authority of the superintendent of banking to revoke an examiner's authority and concludes that it would meet the purposes served by 18 U.S.C. §§ 212-13, ensuring the examiner's unbiased objectivity.

  6/21/1977

• 6/16/1977

  Political Affiliation Criteria for Visa Ineligibility

  This OLC memo informed the attorney general of new legislative proposals to limit visa ineligibility on political affiliation grounds, and suggested that the State Department and attorney general meet with senators to discuss the proposals.

  9/2/2022

• 6/15/1977

  Power of the President to Designate Acting Member of the Federal Home Loan Bank Board

  The document discusses the President's power to designate an acting member of the Federal Home Loan Bank Board in the absence of a confirmed member. It concludes that the President does have this power, but it may be subject to judicial or congressional challenge if a nomination is not submitted within a reasonable time. The document raises questions about the President's authority to make temporary designations for agencies other than executive and military departments, and whether the President can prevent the incapacity of the Board by making acting member designations. It also presents the issue of whether the President's power to make interim designations is regulated by the Vacancy Act or flows from the President's responsibility to keep executive branch agencies in operation.

  6/15/1977

• 6/14/1977

  Request of Federal Employee to Appear on Behalf of His Daughter in IRS Audit

  The document discusses whether a federal employee, Mr. A, can represent his daughter in an IRS audit of her tax return. The conclusion reached is that Mr. A is permitted to represent his daughter in the audit and related administrative proceedings as per 18 U.S.C. § 205, with the approval of the U.S. Attorney. The document also raises questions about whether Mr. A is employed as an attorney in the U.S. Attorney's Office and whether his representation of his daughter would constitute outside practice of law, requiring the approval of the Deputy Attorney General.

  6/14/1977

• 6/10/1977

  State Jurisdiction to Regulate Pollutant Emissions

  The document discusses the jurisdiction of the State of California to regulate pollutant emissions from oil tankers using a proposed terminal at Long Beach, California. The conclusion reached is that California would have some authority to prescribe and enforce air pollution controls for tankers operating within the South Coast Air Basin, but the validity of specific requirements would depend on factors such as feasibility, practical consequences, and action taken by the U.S. Environmental Protection Agency (EPA). The document also presents questions regarding the preemption of the Clean Air Act, the Ports and Waterways Safety Act, the burden on commerce, foreign relations, and the authority to regulate operations outside the 3-mile limit. These questions are presented for review in the context of the proposed oil tanker terminal and its potential impact on air quality and environmental regulations.

  6/10/1977

• 6/8/1977

  Rental Fees for Spaces in Military Trailer Parks

  The document discusses the issue of rental fees for trailer spaces in military trailer parks and whether the Office of Management and Budget (OMB) has the authority to determine the rental fees based on prevailing rates for comparable private facilities. The conclusion reached is that OMB correctly concluded that the rental fee for these trailer parking spaces should be based on their “reasonable value,” determined by comparison with comparable private trailer courts. The document presents questions regarding the interpretation of the term “quarters” and whether it includes trailer facilities, as well as the legislative history of Section 5911 and its application to military personnel and persons who were not government employees. It also addresses the issue of whether an arbitrary exemption from the application of the rental principle in favor of military employees living in trailer parks would be contrary to Congress’ intention.

  6/8/1977

• 6/8/1977

  Administration's Policy on Assertion of Executive Privilege

  This opinion examined past policies on executive privilege and concluded that the privilege “should be invoked only where necessary and only after a thorough inquiry into the actual need for doing so.” It also advised that the only the president should invoke the privilege directly. The opinion departed from the Nixon administration’s position on privilege and recommended a recalibration toward “greater harmony with Congress.”

  9/2/2022

• 6/7/1977

  Impact of Appropriations Committee Objection to Reprogramming Action by Agency for International Development

  The document is a memorandum opinion for the General Counsel of the Agency for International Development, addressing two questions related to reprogramming of funds. The first question is whether the legislative history of a provision in the Foreign Assistance and Related Programs Appropriations Act, 1977, can be read to convert that provision into more than a report-and-wait provision. The conclusion reached is that the legislative history cannot be read to bind the executive branch to abide by an objection of the appropriations committees of Congress. The second question concerns the extent to which the Administrator of the agency might be able to bind the agency, the State Department, or the President not to go forward with reprogramming action over the objection of these congressional bodies. The conclusion is that the Administrator may give personal assurances to Congress but cannot legally bind himself, his agency, the Secretary of State, or the President to honor the objection. The document also discusses the statutory and constitutional issues related to the Administrator's authority to delegate decision-making power to a congressional body and the extent to which the Administrator may enter into an express agreement binding the executive branch to consult with congressional bodies.

  6/7/1977