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Whether the Percentage Limits on Wage Garnishment for Alimony and Child Support in Section 303(b)(2) of the Consumer Credit Protection Act Apply to the Total of Multiple Garnishments, (1979)
United States Attorneys General Filed: May 02, 1979

This responds to your request for our opinion whether the percentage, limits on wage garnishment for alimony and child support (hereafter, support ) in § 303(b)(2) o f the Consumer Credit Protection Act, 15, U.S.C. § 1673(b)(2) (hereafter C C PA ), apply to the total o f multiple, garnishments.

# 1
Whether the Immigration and Naturalization Service Is Obligated by the First Amendment to Give Amnesty International Access to Haitian Nationals Held in Detention Pending Deportation Proceedings, (1979)
United States Attorneys General Filed: Apr. 03, 1979

, With respect to a First Amendment duty o f INS to disclose to Amnesty, International a list o f Haitian detainees, we believe that organization to be, in a legal position analogous to that in which a reporter would find himself, were he to make such a claim.

# 2
Whether the Federal Mine Safety and Health Review Commission May Disclose in an Opinion or Order Financial Information About a Mine Operator Derived from an Income Tax Return Submitted as Evidence in an Administrative Proceeding, (1979)
United States Attorneys General Filed: May 11, 1979

Such a docum ent (even if a copy o f a return actually filed) and, such inform ation cannot reasonably be said to have been filed with or, received by, recorded by, prepared by, furnished to, or collected by the, Secretary o f the Treasury.

# 3
Whether FBI Interception of Radio Transmissions Constitutes "Electronic Surveillance" Under Section 101(f) of the Foreign Intelligence Surveillance Act, (1979)
United States Attorneys General Filed: May 29, 1979

Because there is thus, with respect to such, communications, neither a reasonable expectation of privacy nor a, warrant requirement for law enforcement purposes, the interception of, radio communications does not constitute electronic surveillance, within the definitional provisions of FISA.

# 4
Whether Department of Justice Attorney-Hiring Procedures Give Effect to the Veterans Preference Act, (1979)
United States Attorneys General Filed: Apr. 10, 1979

This responds to your request for our opinion whether the Department, o f Justice attorney-hiring procedures give effect to the Veterans, Preference Act. Therefore, an attorney-rating, system am ounts to a civil service examination and for that reason may not, be required by O PM .

# 5
Whether Contractors Must Continue to File Financial Reports With the Renegotiation Board in Absence of Appropriation for the Board, (1979)
United States Attorneys General Filed: Aug. 06, 1979

§ 1215(e), (1976), contractors holding contracts or subcontracts subject to the, Renegotiation Act must periodically file financial reports with the, Renegotiation Board. This is for the simple reason that the reporting requirements, were merely to assist the Board in carrying out its functions.

# 6
Whether a Commissioned Military Officer May Retain His Commission If He Accepts a Presidential Appointment as Administrator of General Services or a Presidential Designation as Acting Administrator, (1979)
United States Attorneys General Filed: Apr. 10, 1979

It provides in substance that, in the event o f a vacancy in, the Office o f the A dm inistrator o f General Services, the Deputy A d-, m inistrator shall be Acting Adm inistrator o f General Services unless the, President shall designate another officer o f the G overnm ent.

# 7
Transportation of Executive Branch Officials by Government Passenger Motor Vehicles, (1979)
United States Attorneys General Filed: Aug. 27, 1979

334, viewed as within the Governm ents interest for them to do so.20 The field, work exception therefore should be viewed as an express recognition by, Congress that it is in the Governm ents interest for official vehicles to be, used in this way, subject to the control o f the agency head.

# 8
Transfer of Management Functions Over National Monuments in Admiralty and Misty Fiords, Alaska, (1979)
United States Attorneys General Filed: Feb. 09, 1979

In such a case, the perpetual forest system, status o f public domain lands reserved as national forests would conflict, with the Presidents ability to create and protect national monum ents on, public domain lands, a conflict clearly not provided for by any o f the, forest acts.

# 9
Title Claim of the Commissioner of Customs to Funds From Sale of Semiprecious and Synthetic Stones and Diamonds, (1979)
United States Attorneys General Filed: Mar. 28, 1979

Upon due consideration o f the initial decision o f the Director o f the, Office o f Alien Property and the submission o f the Commissioner of, Customs, I have concluded that the Commissioner o f Customs is not en-, titled to file a claim under section 9(a) o f the Trading with the Enemy Act.

# 10
The President's Authority to Take Certain Actions Relating to Communications from Iran, (1979)
United States Attorneys General Filed: Dec. 27, 1979

N ew York Times Co. v. United States, 403 U.S., 713, 714 (1971)., W e note that the com m unications em bargo could take a third form, that m ight raise less troublesom e First A m endm ent problem s but which, w ould probably have limited practical effect.

# 11
The President's Authority to Redesignate a Member as Chairman of the Federal Home Loan Bank Board, (1979)
United States Attorneys General Filed: Jun. 14, 1979

The President thereupon redesignated the member as, Chairman of the Board until such time as his resignation as a member and, Chairman was tendered.

# 12
The President's Authority to Force the Shah to Return to Iran, (1979)
United States Attorneys General Filed: Nov. 23, 1979

T h e S h ah can n o t be ex trad ited to Iran, since th e U n ited S tates has no ex tra d itio n tre a ty, w ith Iran; the alien asserted, and, the IN S denied, that the alien w ould be harm ed or punished by the, country to w hich the IN S proposed to deport him. political opinion.

# 13
Supplementary Discussion of the President's Powers Relating to the Seizure of the American Embassy in Iran, (1979)
United States Attorneys General Filed: Nov. 11, 1979

The reporting requirements apply to situations not only w here hostil-, ities are taking place or imminent (w hich requires consultation), but, w here armed forces are sent to a foreign country equipped for combat. This provision is modeled on the W ar, Pow ers Resolution.

# 14
Settlement of Litigation in Which the U.S. Postal Service Is Represented by the Department of Justice, (1979)
United States Attorneys General Filed: Jun. 15, 1979

That memorandum concluded that although the matter was not free, from doubt the better interpretation of the pertinent legislation is that the, authority to settle is implicit in the power of the Attorney General to, conduct litigation affecting the Postal Service;, Section 519. Leonard, at 815.

# 15
Scope of Presidential Authority on Review of Civil Aeronautic Board's Approval of Airline Merger and Related Awarding of Airline Route, (1979)
United States Attorneys General Filed: Dec. 21, 1979

In its order in the Miami-London Case (Docket 36764), the, Board states:, Absent the condition that M iam i-London authority not be transferred, we would not ap-, prove the Pan Am erican-N ational merger. President C arters action in the Transatlantic Route Proceeding (Docket, 25908).

# 16
Scope of Power of Constitutional Convention to Propose Amendments to the Constitution, (1979)
United States Attorneys General Filed: Oct. 10, 1979

First, we think that if a con-, vention for proposing amendm ents were called under Article V, the consti-, tutionally m andated procedures would operate to deprive the convention, o f power to make constitutionally viable proposals except with respect to, subjects within a predeterm ined field.

# 17
Resignation of the Head of a Department Effective Only Upon the Confirmation and Appointment of a Successor, (1979)
United States Attorneys General Filed: Apr. 12, 1979

This responds to your inquiry whether the head o f an executive agency, can submit a resignation to become effective only upon confirmation and, appointm ent o f his or her successor.), The effect o f this form o f retirement is that the Chief Justice remains in, office until the condition occurs;

# 18
Residence Requirement for Assistant U.S. Attorneys, (1979)
United States Attorneys General Filed: Sep. 12, 1979

Your Office requested our opinion whether a prospective appointee to, the position o f Assistant U.S. A ttorney for the Eastern District o f North, Carolina satisfies the residency requirement o f 28 U .S.C . See, Guessefeldt, v. McGrath, 342 U.S. 308, 311-12 (1951).

# 19
Requirement to Hold Evidentiary Hearing Before Withholding Wages of Federal Employee in Satisfaction of Debt Allegedly Owed the United States, (1979)
United States Attorneys General Filed: Jun. 28, 1979

Thereafter the Government and the, employee stipulated that the case should be dismissed without prejudice, and that INS, which had not yet withheld any pay, would accord the, employee a fulll evidentiary hearing through its grievance procedures. 424 U.S. at 347.

# 20

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