Showing 761–770 of 2202

• 5/29/1990

  Whether Agents of the Department of Justice Office of Inspector General are "Investigative or Law Enforcement Officers" Within the Meaning of 18 U.S.C. § 2510(7)

  Agents of the Department of Justice Office of Inspector General are "investigative officers" within the meaning of 18 U.S.C. § 2510(7) and as such may be authorized to apply for and conduct court-authorized electronic surveillance regarding matters within that Office's investigative jurisdiction. 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/23396/download.

  5/29/1990

• 5/29/1990

  Limitation on the authority of the federal courts to interpret the Covenant to Establish a Commonwealth of the Northern Mariana Islands

  This memo asserted that federal courts had authority under the Covenant to Establish a Commonwealth of the Northern Mariana Islands to adjudicate issues arising under the covenant, and that federal courts exercising that authority were not impermissibly establishing "political policy." The OLC added that it would "question the constitutionality" of a new amendment designed to limit federal court authority under the covenant.

  9/2/2022

• 5/17/1990

  Pocket Veto Clause

  The wording of the Pocket Veto Clause of the Constitution that a bill shall not become law if "the Congress by their Adjournment prevent its Return" by the President—expresses the assumption that adjournments ordinarily make the return of a bill impossible, but the clear structural rule established by the Clause applies to all adjournments in the constitutional sense, even if Congress has taken measures to make the return of a bill possible. The drafting history of the Pocket Veto Clause shows an intent to avoid excessive periods of uncertainty about the fate of bills passed by Congress. Ordinary legislation expressing Congress' view about the category of adjournments covered by the Pocket Veto Clause is inappropriate, because such legislation cannot change the meaning of the constitutional terms. Presidents Ford and Carter may have purported to return bills that, under the Constitution, could only be pocket-vetoed. Thus, the bills they believed they had return-vetoed may in fact have been pocket-vetoed instead. As far as we know, however, this has no practical effect. Congress can avoid application of the Pocket Veto Clause during brief adjournments by scheduling presentment of bills so that the tenth day after presentment does not fall during an adjournment of either House that is longer than three 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/23391/download.

  5/17/1990

• 5/2/1990

  Department of Defense Cooperation With Investigation of Immigration Related Unfair Employment Practice

  9/2/2022

• 4/27/1990

  Constitutional Limits on "Contracting Out" Department of Justice Functions under OMB Circular A-76

  Litigation on behalf of the United States must be conducted or closely supervised by officers of the United States who have been appointed in conformity with the Appointments Clause and who are under the supervision of the Attorney General and the President. Certain program analyst, program monitor and historical research support positions in the Department of Justice do not involve governmental authority that can only be exercised by officers of the United States, but instead involve information gathering and reporting duties which may constitutionally be performed by private parties on a contract basis. 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/23386/download.

  4/27/1990

• 4/24/1990

  Denial of Entry to United States Ports to the M V Greenpeace

  This OLC opinion considered the legal authority under which the United States could prevent a ship, the M/V Greenpeace, from entering United States waters and ports. The OLC concluded that the constitution, a federal statute, and an existing presidential executive order individually provided authority to reject the M/V Greenpeace’s entry into United States ports, but cautioned that action under the executive order alone was more susceptible to legal challenge.

  9/2/2022

• 4/16/1990

  Prohibitions and Penalties Under Section 582 of the 1990 Foreign Operations, Export Financing, and Related Programs Appropriations Act

  Section 582 of the 1990 Foreign Operations, Export Financing, and Related Programs Appropriations Act prohibits only the following: an explicit quid pro quo arrangement pursuant to which both the United States and another government or person that is to receive financial assistance from the United States agree that receipt of the assistance is expressly conditioned upon the recipient undertaking an action that the United States would be specifically prohibited by United States law from carrying out. Neither violation of section 582, nor conspiracy to violate section 582, is punishable as a criminal offense. 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/23381/download.

  4/16/1990

• 4/13/1990

  Application of Conflict of Interest Rules to Members of Department of Health and Human Services Advisory Committee

  Neither the law nor the Department of Health and Human Services' Standards of Conduct constrain a member of the Advisory Council on Social Security from lobbying the Department on behalf of private clients with respect to policy issues that are being addressed by the Council. Whether to retain the prudential restrictions barring such lobbying that have been imposed by the Department's ethics official is a discretionary issue for the Secretary. 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/23376/download.

  4/13/1990

• 4/4/1990

  Transportation for Spouses of Cabinet Members

  This opinion determines that spouses of Cabinet officials who participate in certain official activities, such as attending receptions on behalf of the U.S. government, may travel at government expense. 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/936166/download.

  4/4/1990

• 3/29/1990

  Authority to Use Funds from Fiscal Year 1990 Appropriation to Cover Shortfall from Prior Award Year's Pell Grant Program

  The Pell Grant Program's lump sum appropriation for fiscal year 1990 may be used to pay the deficiencies in the program's funding for the 1989—90 award year. 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/23371/download.

  3/29/1990