Showing 1661–1670 of 2214

• 5/12/1977

  Memo for James R. Schlesinger from John M. Harmon

  This memo summarizes several legal issues discussed in a 1977 meeting with the president, including limitations on the Defense Production Act of 1950, the President's power to enter international arrangements without Congressional approval, and obligations of the U.S. to the International Energy Agency. The OLC does not provide release dates for its memo, so the release date listed is the date on which the memo was authored. The original opinion is available at https://justice.gov/olc/page/file/936071/download.

  5/12/1977

• 5/9/1977

  Authority of Drug Enforcement Administration to Control Production of Plant Papaver Bracteatum

  The document is a memorandum opinion for the Administrator of the Drug Enforcement Administration regarding the control of Papaver bracteatum. The document concludes that the DEA has the authority to control the production of Papaver bracteatum, either through the Controlled Substances Act or pursuant to U.S. obligations under the Single Convention on Narcotic Drugs. The document also discusses the possibility of prohibiting the production of bracteatum, either due to U.S. treaty obligations or if production would be inconsistent with the public interest. The questions presented for review include whether the DEA has the authority to control the production of bracteatum and whether all domestic production may be prohibited. Additionally, the document explores the factors to be considered in determining the public interest in controlling the production of bracteatum.

  5/9/1977

• 5/9/1977

  Status of Baggers as Federal Employees Under the Fair Labor Standards Act

  The document addresses a disagreement between the Department of Defense (DOD) and the Civil Service Commission (CSC) regarding the interpretation of the Fair Labor Standards Act of 1938 (FLSA) as it pertains to baggers who work at DOD commissaries. The conclusion reached in the document is that the "economic realities" test should be applied to determine whether baggers are considered federal employees under the FLSA, and that the criteria of Title 5 are not controlling in this determination. The document presents questions about the application of the "economic realities" test to determine the employment status of baggers, as well as the potential conflicts with other statutes such as the conflict-of-interest laws and the Federal Tort Claims Act.

  5/9/1977

• 5/3/1977

  Legal Remedies for Promotional Use of the President's Name

  The document discusses the legal remedies for the promotional use of the President's name or likeness. It concludes that there are no federal laws restricting the use of the President's name, but federal registration of trademarks and the Federal Trade Commission Act provide remedies for the commercial appropriation of the President's name. The questions presented for review include whether the Federal Trade Commission has the power to prevent the commercial use of the President's name and the expansion of the First Amendment to limit State power to protect the privacy of public figures.

  5/3/1977

• 5/2/1977

  Congressional Access to Tax Returns Under 26 U.S.C. § 6103(f)

  The document is a memorandum opinion addressing the issue of congressional access to federal tax returns and tax return information. The conclusion reached in the document is that subcommittees are entitled to inspect tax returns and return information directly, but only upon a request to the IRS by the chairman of the pertinent committee, specifying the particular line of inquiry to which the information must relate. The document presents three major questions for review: (1) whether subcommittees might inspect returns and return information, (2) whether a subcommittee might request returns or return information directly from the IRS, and (3) whether a subcommittee might obtain returns or return information directly from the IRS pursuant to a request from the committee chairman. These questions are thoroughly analyzed and addressed in the document.

  5/2/1977

• 4/29/1977

  FBI request for authority for records destruction

  This document discusses the FBI's request for authority to destroy obsolete domestic security investigation files in its field offices, with exceptions for files relating to litigation and the King and Kennedy assassinations. The FBI wishes to resume destruction in order to relieve a critical space shortage. The conclusion reached in the document is that the destruction is proper and should be encouraged, but it is suggested that the Congress be advised prior to Attorney General approval. The questions presented for review include whether the Congress should be informed prior to the destruction and how to proceed with the destruction after allowing time for Committee comment.

  9/2/2022

• 4/27/1977

  Acceptance of Gifts to Be Used in the White House, the Official Residence of the Vice President, or the Offices of the President and Vice President

  The document discusses the acceptance of gifts for use in the White House, the Vice President's residence, and the offices of the President and Vice President. It outlines the statutory authorization for accepting gifts of art, furnishings, and services, as well as the proper recipients of such gifts. The document also addresses the solicitation of gifts and the forms of agreement for gifts. The conclusions reached in the document are that there is statutory authorization for accepting gifts, including conditional gifts, and that the appropriate recipients for gifts are designated entities. The questions presented for review include the acceptance of loans of art and furnishings, the solicitation of gifts, and the forms of agreement for gifts.

  4/27/1977

• 4/22/1977

  Proposed Tax Assessment Against the United States Postal Service

  The document discusses a dispute between the IRS and the Postal Service regarding the proper computation of a 5 percent tax imposed on the transportation of property by air. The conclusion reached is that the dispute is not justiciable, as it involves an interagency disagreement over the allocation of funds and does not concern any adverse private person. The document also presents questions about the available remedies to resolve the dispute, the proper computation of the tax, and the administrative steps needed to bring the matter into a litigating posture. It also references previous court cases and opinions to support the conclusion that the dispute is not suitable for judicial resolution.

  4/22/1977

• 4/11/1977

  Assumption by People's Republic of China of Expenses of U.S. Delegation

  The document discusses the legal implications of the People's Republic of China assuming the expenses of a U.S. delegation, including Members of Congress and the President's son, during their visit to China. The document concludes that while the Constitution and statutes prohibit the acceptance of gifts from foreign governments, the expenses assumed by the Chinese government for the delegation do not violate these provisions. The document presents questions regarding the interpretation of the constitutional and statutory restrictions on accepting gifts from foreign governments, as well as the distinction between gifts to individuals and gifts to the United States Government. It also raises the issue of whether unique diplomatic concerns should allow for the acceptance of foreign government hospitality.

  4/11/1977

• 4/11/1977

  Constitutionality of Proposals Regarding an Independent Attorney General

  The document is a memorandum discussing the constitutionality of legislation that would limit the President's power to remove the Attorney General from office. The conclusion reached is that such legislation would likely be unconstitutional, as it would impair the President's ability to execute the laws. The document presents the question of whether the Attorney General could be placed in a separate, non-Cabinet status with a fixed term and subject to removal only with consent of Congress, and concludes that there is no method, short of a constitutional amendment, to separate the Attorney General from Presidential control.

  4/11/1977