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Whistleblower Protections for Classified Disclosures, (1998)
United States Attorneys General Filed: May 20, 1998

3, S. 1668 would thus vest any covered federal employee having access to classi-, fied information with a unilateral right to circumvent the process by which the, executive and legislative branches accommodate each others interests in sensitive, information., 17 5 A nnals o f C ong.

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Waiver of Statutes of Limitations in Connection With Claims Against the Department of Agriculture, (1998)
United States Attorneys General Filed: Jun. 18, 1998

Thus, the vast, majority of lower court cases decided since Irwin support or, at a minimum, are, fully in accord with the traditional view that statutes of limitations that condition, Congresss consent to suit are not waivable. Compare Cedars-Sinai, 125 F.3d at, 770, with Irwin, 498 U.S. at 95.

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The Vacancies Act, (1998)
United States Attorneys General Filed: Mar. 18, 1998

The Vacancies Act, The V acancies A ct is not the exclusive authority for tem porarily assigning the duties o f a Senate-, co n firm ed office. Since 1868, however, Congress has enacted, other statutes that, in our view, apply to vacancies at particular departments or, agencies.

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The Authority of the Bureau of the Census to Adjust Population Data for Purposes Other Than Apportionment, (1998)
United States Attorneys General Filed: Oct. 07, 1998

1996) (plaintiffs receive federal monies pursuant to a host of census-based programs ); The House further argues, that [sjection 141(a) gives the Secretary the general authority to use sampling, and special surveys in the decennial census to collect data respecting population, and housing.

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Statute of Limitations and Settlement of Equal Credit Opportunity Act Discrimination Claims Against the Department of Agriculture, (1998)
United States Attorneys General Filed: Jan. 29, 1998

, You have asked us to consider in particular whether § 3702(b) would allow, USDA to include compensatory damages in settlements of ECOA claims filed, within six years of the accrual of the claim, even if ECOAs statute of limitations, had run and a court could no longer award such damages.

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Reimbursement of Expenses Under 5 U.S.C. § 5503(a), (1998)
United States Attorneys General Filed: Feb. 02, 1998

5 U.S.C. § 5503(a) does not prohibit individuals reappointed to the Board o f D irectors o f the Civil, L iberties Public Education Fund dun n g a congressional recess from receiving reim bursem ent for, travel, subsistence, and other necessary expenses associated with perform ing their functions.

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Proposed Settlement of Diamond v. Department of Health & Human Services, (1998)
United States Attorneys General Filed: Dec. 04, 1998

First, it argued that reclassifying, a position is not a personnel action covered by Title VII.an agency settlement of a discrimination claim should be based on the agencys, good faith assessment of the litigation risk that a court might find complainants, entitled to relief. See Executive Bus.

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Presidential Determination Allowing Financial Assistance to Tibet, (1998)
United States Attorneys General Filed: Nov. 06, 1998

That, section prohibits the Export-Import Bank ( Bank ) from providing either direct, or indirect financial assistance to a Marxist-Leninist country, or agency or, national th e re o f and lists separately as such countries both the Peoples, Republic of China ( China ) and Tibet.

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Possible Bases of Jurisdiction for the Department of Justice to Investigate Matters Relating to the Assassination of Martin Luther King, Jr., (1998)
United States Attorneys General Filed: Apr. 20, 1998

The Attorney General is authorized to appoint officials to detect and prosecute, crimes against the United States. See Kennedy Assassination Opinion at 7, (Bureaus initial investigation o f JFK assassination fell within scope o f §533(3), and provided basis for re-investigation).

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Permissibility Under Posse Comitatus Act of Detail of Defense Department Civilian Employee to the National Infrastructure Protection Center, (1998)
United States Attorneys General Filed: May 26, 1998

The second deputy chief will be detailed to the FBI from, the Department of Defense pursuant to a memorandum of understanding, ( M OU ) between the two agencies.2 The MOU will provide that the Defense, deputy will have no supervisory authority over criminal investigatory matters.

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Official Service by State Department Employees on the Boards of American-Sponsored Schools Overseas, (1998)
United States Attorneys General Filed: Sep. 11, 1998

Official Service by State Department Employees on the Boards, of American-Sponsored Schools Overseas, O fficial service by S tate D epartm ent em ployees on the boards o f A m erican-sponsored schools overseas, is au th o rized by statute and does not violate 18 U.S.C § 2 0 8 September 11, 1998

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Miscellaneous Receipts Act Exception for Veterans' Health Care Recoveries, (1998)
United States Attorneys General Filed: Dec. 03, 1998

, The settlement figure was calculated based on agency estimates of the numbers, of persons entitled to federally subsidized health care in each o f the federal pro-, grams that the Torts Branch believed had potential claims of reimbursement, against the Fractionaters. 38 U.S.C. § 1729A(b).

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Lack of Authority of the Office of the United States Trade Representative to Represent Private Industry in Proceedings Before the United States International Trade Commission, (1998)
United States Attorneys General Filed: Sep. 24, 1998

, The statutory scheme providing for section 201 investigations and relief from, import competition does not explicitly or implicitly provide for legal representa-, tion of a private domestic industry by USTR.or group of workers, which is representative of an industry.

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Interpretation of Inspector General Act, (1998)
United States Attorneys General Filed: Mar. 20, 1998

A lthough it is a clo se q uestion, the better interpretation o f the Inspector G eneral Act is that Congress, did not in tend to lim it the phrase recom m endation that funds be put to better u se to only those, au d it reco m m en d atio ns that achieve identifiable m onetary savings.

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Ineligibility of New Jersey Transit Corporation Board Member for Appointment to Amtrak Board of Directors, (1998)
United States Attorneys General Filed: Jul. 30, 1998

rail management is not defined or explained, in the text of the Amtrak Reform Act or otherwise in title 49 of the U.S. Code. rail, management., We further believe that a member of the board of directors of a corporate state, commuter authority such as the NJTC is part of the authoritys management.

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Disclosure to the Government, During the Guilt Phase of a Trial, of the Results of a Court-Ordered Mental Examination, (1998)
United States Attorneys General Filed: Sep. 21, 1998

Nevertheless, in any given case, adherence to such limitations may aid, the prosecution in establishing that, during the guilt phase of a capital trial, it, made no use of statements, or the fruits of statements, obtained through a court-, ordered mental examination of the defendant.

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Coverage Issues Under the Indian Self-Determination Act, (1998)
United States Attorneys General Filed: Apr. 22, 1998

Coverage Issues Under the Indian Self-Determination Act, The 1990 am endm ent to the Indian Self-D eterm ination and E ducation Assistance Act of 1975 covers, only those torts for which the Federal T ort C laim s A ct w aives the sovereign im m unity o f the, U nited States. L. No. 101-512, tit.

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Construction of State Reporting Requirements in Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act, (1998)
United States Attorneys General Filed: Aug. 18, 1998

, In general, section 404 of PRWORA, which is entitled Notification and, Information Reporting, requires state and federal agencies implementing certain, federal benefits programs to report to the INS identifying information concerning, aliens whom, they know to be illegally in the United States.

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Constitutionality of Proposed Limitations on Tobacco Industry, (1998)
United States Attorneys General Filed: May 13, 1998

Some of the bills before Congress seek to accomplish the reduction in litigation, through provisions that would forbid tobacco companies from challenging the, bills advertising restrictions or that would withdraw benefits from companies if, they brought a legal challenge to the restrictions.

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Constitutional Concerns Raised by the Collections of Information Antipiracy Act, (1998)
United States Attorneys General Filed: Jul. 28, 1998

The p roposed C o llectio n s o f Information A ntipiracy Act raises difficult and novel constitutional ques-, tions co n cern in g C o n g resss power to restrict the dissem ination o f inform ation. 2652, by providing protection for facts, raises serious First, Amendment concerns.

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