Showing 731–740 of 2202

• 1/31/1992

  Issues Regarding the Interdiction of Vessels Within the Territorial Waters of Haiti

  In this memo, the OLC considered whether the Coast Guard could interdict vessels within the territorial waters of Haiti to return the passengers to Haitian land without violating any court order in a then-ongoing lawsuit, Haitian Refugee Center v. Baker. The OLC examined the injunction, which granted plaintiffs’ counsel access to Haitians interdicted on the high seas who are or would be detained on U.S. Coast Guard vessels or at Guantanamo Bay. After analyzing both extraterritoriality and the ordinary meaning of the text of the injunction, the OLC concluded that Coast Guard could continue to interdict the vessels in Haitian territorial waters.

  9/2/2022

• 1/23/1992

  Transfers of Forfeited Property to State and Local Law Enforcement Agencies

  Section 981(e)(2) of title 18 does not prevent a state or local law enforcement agency from retransferring to other state or local government agencies property that has been transferred from the federal government pursuant to that section. However, the Attorney General has authority under section 981(e) to prevent such a further transfer by imposing a contrary term of condition on the initial transfer from the federal government. Section 881(e) of title 21 does not prevent a state or local law enforcement agency from retransferring to other state or local government agencies property that has been transferred from the federal government pursuant to that section. However, the Attorney General has authority under section 881(e) to forbid a further transfer if he determines that to do so would "serve to encourage further cooperation between the recipient State or local agency and Federal law enforcement agencies." 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/21411/download.

  1/23/1992

• 1/17/1992

  Issues Raised by Provisions Directing Issuance of Official or Diplomatic Passports

  Section 129(e) of Pub. L. No. 102-138 and section 503 of Pub. L. No. 102-140 are unconstitutional to the extent that they purport to limit the President's ability to issue more than one official or diplomatic passport to United States government personnel. The single-passport requirements set forth in section 129(e) and section 503 are severable from the remainder of the statutes in which they appear. The President is constitutionally authorized to decline to enforce the portions of section 129(e) and section 503 that purport to limit the issuance of official and diplomatic passports. 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/20581/download.

  1/17/1992

• 1/14/1992

  Recess Appointments During an Intrasession Recess

  The President may make interim recess appointments during an intrasession recess of eighteen days. 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/20586/download.

  1/14/1992

• 12/13/1991

  Permissibility of Recess Appointments of Directors of the Federal Housing Finance Board

  Where the Senate has failed to act during a Session of Congress on the nomination of a person to an office, and that person is then serving in that office by recess appointment, the President may make a second recess appointment of that person to the position when the previous recess commission expires. Although the payment of compensation to successive recess appointees is generally deemed prohibited by 5 U.S.C. § 5503(a), that prohibition does not apply to positions that are not paid out of appropriated funds. 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/23331/download.

  12/13/1991

• 12/12/1991

  Legal Obligations of the United States Under Article 33 of the Refugee Convention

  Article 33 of the 1951 United Nations Convention Relating to the Status of Refugees does not impose any domestic legal obligations on the United States with respect to individuals interdicted outside its territory as part of an effort to control mass illegal migration to the United States. 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/23326/download.

  12/12/1991

• 8/19/1991

  Constitutionality of delegating Federal law enforcement responsibility to State officials

  In this brief memo, the OLC explained the circumstances under which federal law enforcement responsibility may constitutionally be delegated to a state official. Generally, a person who exercises significant governmental authority on behalf of the United States must be appointed a federal officer pursuant to the Appointments Clause. However, the OLC described two additional circumstances in which a state official might permissibly undertake federal law enforcement responsibility. First, under “cooperative federalism” programs, if a federal agency establishes guidelines and approves state-level implementation plans, it may relinquish authority to the state. Second, an Executive Branch official may delegate a private person to receive federal enforcement authority under very high and substantive supervision.

  9/2/2022

• 8/5/1991

  Comptroller General's Authority to Relieve Disbursing and Certifying Officials From Liability

  Statutory provisions purporting to authorize the Comptroller General, an agent of Congress, to relieve certifying and disbursing officials in the executive branch from liability for illegal or improper payments are unconstitutional. 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/23321/download.

  8/5/1991

• 7/30/1991

  Authority of the Nuclear Regulatory Commission to Collect Annual Charges from Federal Agencies

  The Nuclear Regulatory Commission has statutory authority to collect annual charges from federal agencies that hold licenses issued by the NRC. 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/23316/download.

  7/30/1991

• 7/9/1991

  Liability of the United States for State and Local Taxes on Seized and Forfeited Property

  Property seized by, and ultimately forfeited to, the federal government is not subject to state and local taxes that arise after the date of the offense that leads to the order of forfeiture. 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/23311/download.

  7/9/1991