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Whether 18 U.S.C. § 603 Bars Civilian Executive Branch Employees and Officers from Making Contributions to a President's Authorized Re-Election Campaign Committee, (1995)
United States Attorneys General Filed: May 05, 1995

Papers o f Jimmy Carter 37, 37 (1980). and, (B) with respect to those employees and officers, who are covered by § 603, whether such persons might violate the civil provisions, of the HARA, 5 U.S.C. §§7323 and 7324, by making contributions to a Presi-, dents re-election campaign committee.

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Waiver of Claims for Damages Arising Out of CooperativeSpace Activity, (1995)
United States Attorneys General Filed: Jun. 07, 1995

Waiver of Claims for Damages Arising Out of Cooperative, Space Activity, Congress has not authorized the National Aeronautics and Space Administration to waive subrogated, claims on behalf of federal agencies against foreign States for damages arising out of cooperative, space activity.

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Use of the Exchange Stabilization Fund to Provide Loans and Credits to Mexico, (1995)
United States Attorneys General Filed: Mar. 02, 1995

Congress did not, act on the proposal. The ESF provides, a powerful and flexible means for the Secretary o f the Treasury, with the approval of the President, to, support our obligations in the IMF, especially those concerning orderly exchange arrangements and a stable, system o f exchange rates.

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The Secretary of the Treasury's Authority With Respect to the Civil Service Retirement and Disability Fund, (1995)
United States Attorneys General Filed: Nov. 10, 1995

5 U.S.C. § 8348 empowers the Secretary o f the Treasury to suspend the investment of additional con-, tributions to the Civil Service Retirement and Disability Fund and redeem prior to maturity CSRDF, investment assets in order to avoid exceeding the statutory debt limit. debt lim it/' 132 Cong.

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The Food and Drug Administration's Discretion to Approve Methods of Detection and to Define the Term "No Residue" Pursuant to the Federal Food, Drug, and Cosmetic Act, (1995)
United States Attorneys General Filed: Oct. 13, 1995

The FDA lacks the discretion to determine that an edible tissue contains no residue when a method, of detection reveals the presence of residues of carcinogenic concern that is below the no signifi-, cant risk level. See Hess & Clark, Div., animals.additives judged to leave no residues in food.

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The Balanced Budget Amendment, (1995)
United States Attorneys General Filed: Jan. 23, 1995

The Balanced Budget Amendment, The lack o f any enforcement mechanism in current proposals to amend the Constitution to require, a balanced budget could result in the transfer o f power over fundamental political questions of, taxing and spending to the courts. (1992) ( 1992 House Hearings );

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Scope of Treasury Department Purchase Rights With Respect to Financing Initiatives of the U.S. Postal Service, (1995)
United States Attorneys General Filed: Oct. 10, 1995

The second issue is whether the USPS was entitled to proceed with a proposed, market offering of USPS bonds when Treasury, within the 15-day pre-offering, notice period required by 39 U.S.C. § 2006(a), had invoked (but not actually exer-, cised) its right to purchase that offering.

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Relationship Between Department of Justice Attorneys and Persons on Whose Behalf the United States Brings Suits Under the Fair Housing Act, (1995)
United States Attorneys General Filed: Jan. 20, 1995

Finally, if the Department (or a HUD attorney, in the case of an, administrative filing) were the attorney for the complainant, Congress would not, have needed to provide for the complainants individual representation, or for, court appointment of an attorney for the complainant under § 3613(b).

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Reassignment of Assistant Secretary of Labor Without Senate Reconfirmation, (1995)
United States Attorneys General Filed: Nov. 02, 1995

W here the Secretary o f Labor exercises statutory power to reassign the duties of a lawfully confirmed, Assistant Secretary o f Labor whose duties are not otherwise assigned by statute, reconfirmation, o f the Assistant Secretary is not legally required. CRS, Opinion at 3.

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Proposed Deployment of United States Armed Forces Into Bosnia, (1995)
United States Attorneys General Filed: Nov. 30, 1995

The Constitution vests in Congress the power [t]o declare War., U.S. Const, art.We believe that the President has the authority to order the proposed deployment, of United States forces in Bosnia, under the circumstances contemplated, without, express statutory authorization.

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Presidential Discretion to Delay Making Determinations Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, (1995)
United States Attorneys General Filed: Nov. 16, 1995

The President is required to make a determination that would trigger sanctions under the Chemical, and Biological W eapons Control and Warfare Elimination Act of 1991 if he is presented with, sufficient evidence to compel the determination. See Slaughter-House Cases, 83 U.S. (16 W all.

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Permissibility of the Administration and Use of the Federal Payroll Allocation System by Executive Branch Employees for Contributions to Political Action Committees, (1995)
United States Attorneys General Filed: Feb. 22, 1995

Federal employees who would offer the use of, or administer, the federal salary-allocation system, for allotments to political action committees, would not, without more, violate 18 U.S.C. §§602, and 607, or the civil provisions o f the Hatch Act Reform Amendments of 1993. contributions .

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Participation in Congressional Hearings During an Appropriations Lapse, (1995)
United States Attorneys General Filed: Nov. 16, 1995

, The Departments officers and employees may also participate in a hearing, despite an appropriations lapse if authority for such participation arises by nec-, essary implication from another specific statutory duty or duties.ducted during a period of lapsed appropriations.

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Legislation Denying Citizenship at Birth to Certain Children Born in the United States, (1995)
United States Attorneys General Filed: Dec. 13, 1995

Legislation Denying Citizenship at Birth to Certain Children, Born in the United States, A bill that would deny citizenship to children bora in the United States to certain classes of alien, parents is unconstitutional on its face.of constitutional law.Senator Cowan . Wong Kim Ark, 169 U.S. at 676.

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Legal Guidance on the Implications of the Supreme Court's Decision in Adarand Constructors, Inc. v. Peña, (1995)
United States Attorneys General Filed: Jun. 28, 1995

, The Court in Croson left open the question whether a government may introduce, statistical evidence showing that the pool of qualified minorities would have been, larger but for the discrimination that is to be remedied. Is race an explicit, requirement of eligibility for the program

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Internal Revenue Service Notices of Levy on Undelivered Commerce Department Fishing Quota Permits, (1995)
United States Attorneys General Filed: Jan. 26, 1995

, Only persons with IFQs are allowed to fish for halibut and sablefish.The Department of Commerce does not question the IRSs, authority to levy upon delinquent taxpayers property, nor that these, quota shares and IFQs might constitute the sort of property to which, an IRS lien attaches.

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Impermissibility of Deputizing the House Sergeant at Arms as a Special Deputy U.S. Marshal, (1995)
United States Attorneys General Filed: Apr. 10, 1995

reviewed and endorsed by this office, dated January 26, 1995.USMS Memorandum at 2., As stated in the memorandum approving that deputation, neither Congress, the, Senate, nor any member thereof would have legal authority to control or supervise, his limited protective duties as a DUSM.

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Government Operations in the Event of a Lapse in Appropriations, (1995)
United States Attorneys General Filed: Aug. 16, 1995

6, 31 U.S.C. § 1515 (recodified from section 665(e) at the time of the 1981 Opinion).1981, regarding the authority for the continuance of Government, functions during the temporary lapse of appropriations, and affirm, that the constitutional power of the purse resides with Congress.

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Fiduciary Obligations Regarding Bureau of Prisons Commissary Fund, (1995)
United States Attorneys General Filed: May 22, 1995

31 U.S.C. § 1321 and its accompanying Department of Justice regulations do not impose a fiduciary, obligation on the Bureau of Prisons to expend Commissary Fund moneys only in accordance with, the terms o f the Commissary Fund trust.did not belong to the United States. are appropriated funds.

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Effects of a Presidential Pardon, (1995)
United States Attorneys General Filed: Jun. 19, 1995

See Schick, 419 U.S. at 266-67. First o f all, without, any discussion o f the scope o f the pardon power, the opinion simply accepts the petitioners assumption that a, presidential pardon does not by itself rem ove a disability imposed by a state on the basis o f a federal conviction.

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