Showing 821–830 of 2202

• 6/5/1989

  Authority of the FBI to Conduct Background Investigations for Congress

  The FBI has statutory authority to conduct background investigations of congressional employees who will have access to classified information or who the Attorney General identifies as having a connection to a matter within the control of the Justice or State Departments for which such an investigation is required. 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/24216/download.

  6/5/1989

• 5/31/1989

  Pending State Department authorization bill, S. 928, contains several constitutionally troublesome provisions

  In this memo, the OLC expressed concerns regarding the constitutionality of portions of a pending State Department authorization bill. The OLC concluded that two sections of the bill unconstitutionally infringed on the President's authority "to determine and articulate U.S foreign policy."

  9/2/2022

• 5/2/1989

  Prepayment Authority Under the Rural Electrification Act of 1936

  Section 306A of the Rural Electrification Act of 1936, as amended, which authorizes borrowers of Federal Financing Banking loans to prepay those loans if private capital is used to replace the loan, does not preclude prepayment with funds obtained by means other than refinanced loans secured by existing Rural Electrification Act loan guarantees. In particular, prepayment may be made from internally generated funds. Section 306A does not authorize the issuance of regulations creating a priority in favor of borrowers who agree to prepay such loans with internally generated 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/24211/download.

  5/2/1989

• 4/18/1989

  Authority to Decline Compensation for Service on the National Council of Arts

  The Anti-Deficiency Act does not prohibit a member of the National Council of the Arts from serving without compensation. 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/24206/download.

  4/18/1989

• 4/14/1989

  Availability of Judgment Fund in Cases Not Involving a Money Judgment Claim

  The Judgment Fund is not available for suits that do not seek to require the government to make direct payments of money to individuals, but merely would require the government to take actions that result in the expenditure of government funds. The Judgment Fund is available: (1) for the payment of final "money judgments" (but not for "non-money judgments") whose payment is not "otherwise provided for"; (2) for the payment of tort settlements covered by statutory provisions listed in 31 U.S.C. § 1304(a); and (3) for the payment of non-tort settlements authorized by the Attorney General or his designee, whose payment is not "otherwise provided for," if and only if the cause of action that gave rise to the settlement could have resulted in a final money judgment. 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/24196/download.

  4/14/1989

• 4/14/1989

  Scope of the Environmental Protection Agency's Discretion to Adopt Any One of Three Alternative Interpretations of the Mitchell-Conte Amendment to the Clean Air Act

  Based on Chevron U.S.A. Inc. v Natural Resources Defense Counsel, Inc., the Environmental Protection Agency has the discretion to adopt any one of three alternative EPA-suggested interpretations of the 1988 Mitchell-Conte Amendment to the Clean Air Act. 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/24201/download.

  4/14/1989

• 4/4/1989

  Use of the National Guard to Support Drug Interdiction Efforts in the District of Columbia

  Use of the District of Columbia National Guard, in its militia status, to support local drug law enforcement efforts is not prohibited by the Posse Comitatus Act. The activity may receive funding from the Secretary of Defense under section 1105 of the Defense Authorization Act if the President, as Commander-in-Chief of the District of Columbia National Guard, requests such financial assistance. Executive Order 11485 assigns the Attorney General the responsibility of establishing, in consultation with the Secretary of Defense, the law enforcement policies to be observed by the National Guard in these circumstances, but it does not assign the Attorney General any responsibility with respect to the policy decision of whether the National Guard should be assigned to the described use or any supervision and control responsibility for the implementation of such a decision. 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/24191/download.

  4/4/1989

• 3/24/1989

  Congressional Requests for Information From Inspectors General Concerning Open Criminal Investigations

  Long-established executive branch policy and practice, based on consideration of both Congress' oversight authority and principles of executive privilege, require that in the absence of extraordinary circumstances an Inspector General must decline to provide confidential information about an open criminal investigation in response to a request pursuant to Congress' oversight authority. The reporting provisions of the Inspector General Act do not require Inspectors General to disseminate to Congress confidential information pertaining to open criminal investigations. 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/24181/download.

  3/24/1989

• 3/24/1989

  Cost of Living Allowances for Employees on Pay Retention

  The Office of Personnel Management is required by its own regulations to base cost-of-living allowances for employees receiving retained pay on their higher retained rate of pay, rather than on the maximum rate of the grade. 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/24186/download.

  3/24/1989

• 3/16/1989

  Whether the Office of Special Counsel for Immigration Related Unfair Employment Practices Is Empowered to Challenge the Constitutionality of State Statutes

  The statutory exemption for "discrimination . . . otherwise required in order to comply with law, regulation, or executive order" excludes from the scope of the Office of Special Counsel's jurisdiction all discriminatory activity based on state law. 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/24176/download.

  3/16/1989