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Waiver of Oath of Allegiance for Candidates for Naturalization, (1997)
United States Attorneys General Filed: Feb. 05, 1997

Waiver of Oath of Allegiance for Candidates for Naturalization, T he required oath o f allegiance as a condition o f naturalization under section 337 o f the Im m igration, and Nationality Act, 8 U.S.C. § 1448(a), cannot be waived. ) (quoting United States v. Ginsberg, 243 U.S. 472, 475 (1917)).

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Use of General Agency Appropriations to Purchase Employee Business Cards, (1997)
United States Attorneys General Filed: Aug. 11, 1997

the ex p en d itu re o f appropriations o f th e G eneral Services A dm inistration for the purchase o f, em p lo y ee business cards. If the primary purpose is facilitating necessary agency-related, communications, we believe they may properly be purchased with general appro-, priations.

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Service by Federal Officials on the Board of Directors of the Bank for International Settlements, (1997)
United States Attorneys General Filed: May 06, 1997

Service by Federal Officials on the Board of Directors of the, Bank for International Settlements, 18 U .S.C . These interests include those of any, organization in which [the officer o r employee] is serving as .12 U.S.C. §348a (1994) (emphasis added)., 299 U.S. 304, 320-22 (1936).

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Revocation of Citizenship, (1997)
United States Attorneys General Filed: Mar. 03, 1997

The Im m ig ratio n and N aturalization Service h as authority to institute either adm inistrative o r judicial, p ro ceed in g s to d en atu ralize citizens w hose crim inal convictions disqualified them from citizenship, as a m atter o f law . Chaunt v. United States, 364 U.S. 350, 355, (1960);

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Removal of Holdover Officials Serving on the Federal Housing Finance Board and the Railroad Retirement Board, (1997)
United States Attorneys General Filed: Aug. 01, 1997

Even if a court concluded, however, that, the Boards functions require independence and Board members therefore need, tenure protection to carry out these functions, it would not necessarily follow that, the Board members would enjoy tenure protection while serving in holdover, capacities.

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Reappointment of a Retired Judge to the Court of Federal Claims, (1997)
United States Attorneys General Filed: Dec. 03, 1997

ment and receive the annuity under § 178; Thus, it appears that a judge who has retired under § 178, may be reappointed to the court and, upon resumption of active service, would, forfeit her retirement annuity during the period of her term of office.

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Qualification Requirement for Aliens Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (1997)
United States Attorneys General Filed: Mar. 27, 1997

, A separate section of title II defines the term wages. for, employment.ters of work in a particular type of employment.9 Rather, to effectuate the remedial, purpose of the 40 quarters exception, the Act extends benefits to all employees, who have worked for at least ten years.

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Proposed Agency Interpretation of "Federal Means-Tested Public Benefit[s]" Under Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (1997)
United States Attorneys General Filed: Jan. 14, 1997

The PRAs definition of federal, public benefit does not reveal such an intention. The rule has been invoked primarily in cases in which agencies seek, Chevron deference for their construction of statutes that have been expressly, entrusted to other agencies for administration, see id.

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Preemptive Effect of the Bill Emerson Good Samaritan Food Donation Act, (1997)
United States Attorneys General Filed: Mar. 10, 1997

See English v. General Elec. See Rice, 331 U.S. at 230., Unless potential donors and distributors are assured that the Act sets an absolute, liability ceiling, they will continue to be deterred by the threat of liability under, state law and will not be encouraged by the Act to donate food.

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Personal Satisfaction of Immigration and Nationality Act Oath Requirement, (1997)
United States Attorneys General Filed: Apr. 18, 1997

Section 5 04 o f the R ehabilitation Act does n ot require accom m odation for persons unable to form, the m ental intent n ecessary to take the naturalization oath o f allegiance prescribed by section 337, o f the Im m ig ratio n and N ationality Act. See School Bd.510 U.S. 1119 (1994);

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National Archives Access to Taxpayer Information, (1997)
United States Attorneys General Filed: May 28, 1997

To assist NARA, in performing this function, § 2906(a)(1) authorizes NARA to inspect agency, records solely for the purpose of rendering recommendations for the improve-, ment of records management practices and programs.respect to the chapter 33 authority.e ta l. v. IRS, e t al.

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Immunity of Smithsonian Institution From State Insurance Laws, (1997)
United States Attorneys General Filed: Apr. 25, 1997

See D ong v. Smithsonian !, 2The court wrote. See Ulman Opinion. See Ozee v. American Council on, Gift Annuities, 888 F. Supp. United States v. New Mexico, 455 U.S. 720, 735, (1982) (excluding certain government contractors from coverage of federal, governmental immunity from state taxation).

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Funds Available for Payment of Natural Resource Damages Under the Oil Pollution Act of 1990, (1997)
United States Attorneys General Filed: Sep. 25, 1997

a statement of damages claimed;, DOT first argues that section 1012(a)(4)s explicit provision for use of the Fund, to pay claims presented by Trustees and other claimants pursuant to section 1013, must give way to principles of appropriations law applied in rulings of the Comp-, troller General.

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Funding of State Department Settlements of Foreign Tort Claims, (1997)
United States Attorneys General Filed: Jun. 18, 1997

We thus conclude that § 2669(f) incorporates only the, provisions of the first paragraph of §2672, and that the provisions of the third, paragraph authorizing payment from the Judgment Fund for certain settlements, do not apply to the State Departments settlement of foreign tort claims.

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Disclosure of Grand Jury Material to the Intelligence Community, (1997)
United States Attorneys General Filed: Aug. 14, 1997

Moreover, Rule 6(e)s provisions for, disclosure of grand jury material for purposes of assisting attorneys for the, Government, or pursuant to court approval in connection with judicial pro-, ceedings, would not normally be available for purposes of DCI access. See 460, U.S. at 566-68.

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Delegation of the President's Power to Appoint Members of the National Ocean Research Leadership Council, (1997)
United States Attorneys General Filed: Jan. 29, 1997

Draft am endm ents to 10 U S.C. § 7902 em pow ering the P resident to delegate to the head o f a depart-, m en t his authority to appoint certain m em bers o f the N ational O cean R esearch L eadership C ouncil, w o uld not violate the C onstitutions A ppointm ents Clause. January 6 Letter at 2.

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Calculating Rate of Pay of Department of Justice Employees for Purposes of "Covered Persons" Determination Under Independent Counsel Act, (1997)
United States Attorneys General Filed: Apr. 02, 1997

A higher-, level official, paid as an E S-6 and working in an area to which a specific locality-, based adjustment would not be applicable, would not be a covered person, , while a lower -level official, paid as an ES-4 and (for example) working in, Houston, would be covered.

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Bureau of Prisons Disclosure of Recorded Inmate Telephone Conversations, (1997)
United States Attorneys General Filed: Jan. 14, 1997

The, Supreme Court has not addressed the applicability of the Fourth Amendment or, Title III to the practice of monitoring and recording inmate telephone conversa-, tions to ensure prison security and orderly administration. 468 U.S. at 530.United States v. Daniels, 902 F.2d at 1245.842 F. Supp.

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Authority to Investigate Federal Aviation Administration Employee Complaints Alleging Reprisal for Whistleblowing, (1997)
United States Attorneys General Filed: Sep. 23, 1997

DOT Appropriations Act, § 347(a). or (2) that the OSC procedures, are such an essential element of the whistleblower protections of § 2302(b) that, Congress must have implicitly included them in the provision extending sub-, stantive whistleblower protections to FAA employees.tion by the agency.

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Authority of the Attorney General to Grant Discretionary Relief from Deportation Under Section 212(c) of the Immigration and Nationality Act as Amended by the Antiterrorism and Effective Death Penalty Act of 1996, (1997)
United States Attorneys General Filed: Feb. 21, 1997

As discussed, below, the application of AEDPA § 440(d) to pending applications for section, 212(c) relief does not impair a right, increase a liability, or impose new duties, on criminal aliens., Past conduct is relevant only insofar as it may shed light on the respondents, right to remain.

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