Showing 711–720 of 2214

• 9/20/1993

  Status of NSC as an "Agency" under FOIA

  This opinion concludes that the the National Security Council ("NSC") is not an agency for FOIA purposes, since it fails the "substantial independent authority to perform specific functions" test, applied by the courts in recent cases. The opinion overrules a 1978 OLC opinion on the same subject. 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/936176/download.

  9/20/1993

• 9/13/1993

  Ethics Issues Related to the Federal Technology Transfer Act of 1986

  A government employee-inventor who assigns his rights in an invention to the United States and accepts the government's payment of amounts tied to the resulting royalties, as provided in the Federal Technology Transfer Act of 1986, may continue to work on the invention without violating the statute against taking part in matters in which he has a financial interest, 18 U.S.C. § 208, or the statute forbidding supplementation of federal salaries, 18 U.S.C. § 209. Under 18 U.S.C § 208, a government employee-inventor may not take official action with respect to an agreement for development of his invention entered into by the United States and a company with which the employee has contracted to exploit the invention abroad. 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/20491/download.

  9/13/1993

• 9/13/1993

  General Services Administration Printing Operations

  The Joint Committee on Printing lacks the authority to alter the General Services Administration's printing operations because the only basis for that authority is an invalid legislative veto provision contained in 44 U.S.C. § 501. Section 207 of Public Law Number 102-392 requires executive branch entities (other than the Central Intelligence Agency, the Defense Intelligence Agency, and the National Security Agency) to procure printing related to the publication of government publications by or through the Government Printing Office.. 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/20486/download.

  9/13/1993

• 8/27/1993

  Applicability of 18 U.S.C. § 207(c) to the Briefing and Arguing of Cases in Which the Department of Justice Represents a Party

  Section 207(c) of title 18 forbids a former senior employee of the Department of Justice, for one year after his or her service ends, from signing a brief or making an oral argument in a case where the Department represents one of the parties. 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/20496/download.

  8/27/1993

• 8/23/1993

  Construction of § 406 of the Federal Employees Pay Comparability Act of 1990

  Section 406 of the Federal Employees Pay Comparability Act of 1990 does not extend the authority to make bonus payments to employees at the New York Field Division of the Federal Bureau of Investigation pursuant to section 601 of the Intelligence Authorization Act for fiscal years 1989 and 1990 beyond the expiration date of the demonstration project established by section 601. 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/20501/download.

  8/23/1993

• 8/20/1993

  Applications for political asylum by refugees who allege persecution under China's harsh and coercive family planning regime

  The document is a letter from Walter Dellinger, the Assistant Attorney General, to Janet Reno, the Attorney General, regarding the legal issues surrounding applications for political asylum by refugees who allege persecution under China's family planning regime. The central question is whether the BIA's decision in Matter of Chang was correct and whether it remains good law despite Executive Order 12711. Dellinger concludes that the BIA correctly interpreted the INA in Chang and that the Executive Order is inconsistent with the statute. He recommends notifying the President of the determination and issuing an opinion affirming the denial of asylum eligibility for the applicants. The letter also suggests that if the Administration's policy is to recognize persecution based on coercive population control policies as providing presumptive eligibility for asylum, legislation should be the proper vehicle for this.

  9/2/2022

• 8/12/1993

  Use in a criminal prosecution of documents filled out by an employee of the Immigration and Naturalization Service in connection with applications by illegal aliens for employment authorization cards

  This document is a letter from the Office of Legal Counsel to the United States Attorney in New York, discussing the use of documents filled out by an employee of the Immigration and Naturalization Service (INS) in connection with applications by illegal aliens for employment authorization cards in a criminal prosecution. The conclusion reached is that the documents and the information contained in them are generally not covered by 8 U.S.C. § 1255a(c)(5), and therefore may be used, published, or examined without regard to that provision. The questions presented for review include whether the information furnished by the alien applicant is covered by the confidentiality provision, and how to handle cases where a particular document specifies information furnished by the alien applicant.

  9/2/2022

• 8/3/1993

  Constitutional Issues Raised by Death Penalty Proposals

  This document is a memorandum analyzing the constitutionality of imposing the death penalty for non-homicidal drug kingpin offenses. It discusses the proposed offenses for which capital punishment could be imposed and the constitutional issues raised by this unprecedented application of the death penalty. The document also reviews the requirements of the Federal Death Penalty Act of 1991 for conformity with the Supreme Court's decision in Tison v. Arizona. The conclusions reached in the document are that the death penalty for drug kingpin offenses raises difficult constitutional issues, including the Eighth Amendment's requirement of proportionality with respect to the imposition of capital punishment. The document also presents questions about the contemporary standards, the degree of harm caused by the offenses, and the degree of the defendant's blameworthiness. The document also reviews the requirements of the Federal Death Penalty Act of 1991 for conformity with the Supreme Court's decision in Tison v. Arizona.

  9/2/2022

• 6/22/1993

  Applicability of the Civil Service Provisions of Title 5 of the United States Code to the United States Enrichment Corporation

  The United States Enrichment Corporation is exempt from the civil service provisions of title 5 of the United States Code. 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/20506/download.

  6/22/1993

• 6/9/1993

  Legal Assessment of the War Powers Resolution National Security Council

  This opinion, written by Daniel Koffsky, analyzed how courts would evaluate the constitutionality of the War Powers Resolution, including by addressing justiciability questions. Most notably, the opinion concluded that section 5(b) of the Resolution, which requires the president to terminate hostilities if more than sixty days have elapsed without Congressional approval, was facially constitutional but in some circumstances would be unconstitutional as applied. However, the opinion concluded that it was unlikely for a court to reach the merits of the constitutionality of the War Powers Resolution.

  9/2/2022