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Whether Canteen Service Provided Through the Veterans' Canteen Service Is Exempt From Review Under the Federal Activities Inventory Reform Act of 1998, (2003)
United States Attorneys General Filed: Jan. 31, 2003

We conclude that VCS canteen service is not exempt from the FAIR Acts, competitive process. To say that the, VCS as a whole is to function as a unit, VA Letter at 4 (quoting S. Rep. No. 79-1701, at 5 (1946)), is, not to say that every canteen operated in a VA facility is part of that unit.

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VA's Authority to Fill Certain Prescriptions Written by Non-VA Physicians, (2003)
United States Attorneys General Filed: Jul. 03, 2003

VAs Authority to Fill Certain Prescriptions, Written by Non-VA Physicians, The Department of Veterans Affairs is authorized to fill prescriptions written by non-VA physicians for, veterans placed on VA waiting lists.volvement in the care of the veteran. medical services . 2002 VA Opinion

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Temporary Filling of Vacancies in the Office of United States Attorney, (2003)
United States Attorneys General Filed: Sep. 05, 2003

Both statutes are available.Act are available for temporarily filling a vacancy in the position of United States, Attorney. How does the 210-day Vacancies Reform Act time limit on Acting U.S., Attorneys interact with the 120-day limit on interim United States Attorneys under, section 546

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Scope of the Attorney General's Authority to Assign Duties Under 21 U.S.C. § 878(a)(5), (2003)
United States Attorneys General Filed: Mar. 24, 2003

Deputy Assistant Attorney General, Office of Legal Counsel, Re: Authority of, State and Local Law Enforcement Officers Under 21 U.S.C. 878 (June 29, 1988), (1988 Opinion).to enable the DEA to perform such other law enforcement duties as the Attorney, General may designate.

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NLRB Quorum Requirements, (2003)
United States Attorneys General Filed: Mar. 04, 2003

if the Board, at a time when it has at least three members, delegates all its powers to a three-member, group and the two remaining members are part of this group and both participate in the decisions. because a quorum of two panel members supported the deci-, sion.Yardmasters, 721 F.2d at 1343;

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Limitations on the Detention Authority of the Immigration and Naturalization Service, (2003)
United States Attorneys General Filed: Feb. 20, 2003

1922) (holding that four months is a reasonable time); In Zadvydas, the Supreme Court, reasoned that because indefinite civil detention of lawfully admitted aliens would, raise serious constitutional questions, detention must be limited to a period, reasonably necessary to effect removal.

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Interpretation of Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, (2003)
United States Attorneys General Filed: Jul. 18, 2003

Section 586 requires the President to order federal agencies to expedi-, tiously declassify and release to the victims families information regarding the, murders of certain Americans in El Salvador and Guatemala. Such statutes do not restrict the Executives, authority to release information;

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Holdover and Removal of Members of Amtrak's Reform Board, (2003)
United States Attorneys General Filed: Sep. 22, 2003

Holdover and Removal of Members of, Amtraks Reform Board, A member of Amtraks Reform Board whose statutory term has expired may not hold over in office, until a successor is appointed.1, The Amtrak statute actually refers to D.C. Code § 29-301 et seq. of Chicago, 441 U.S. 677, 696–97 (1979)).

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Funding for Technical Assistance for Agricultural Conservation Programs, (2003)
United States Attorneys General Filed: Jan. 03, 2003

See OMB Letter at 2–4., We do not read section 1241(a)s directive that the Secretary shall use the, funds, facilities, and authorities of the [CCC] to carry out the [listed] programs to, foreclose the Secretary from using the CO appropriation to fund technical, assistance for these programs.

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Equal Employment Opportunity Commission Actions Against Public Employers to Enforce Settlement or Conciliation Agreements, (2003)
United States Attorneys General Filed: Sep. 08, 2003

United States v. Morgan, 222 U.S. 274, 282 (1911); 57, 59, (1983) (EEOC Litigation Authority Against State and Local Governments), (concluding that the EEOC lacked authority to present its views in court inde-, pendently of the Attorney General in litigation against public employers);

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Eligibility of Unlegitimated Children for Derivative Citizenship, (2003)
United States Attorneys General Filed: Jul. 24, 2003

INA § 320, 8 U.S.C. § 1431.Because any unlegitimated person who is unmarried and under age 21 is a, child under section 101(c)(1), it follows that the naturalization of the childs, mother satisfies the parental-citizenship condition to derivative citizenship set, forth in section 320(a)(1).

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Designation of Acting Director of the Office of Management and Budget, (2003)
United States Attorneys General Filed: Jun. 12, 2003

Designation of Acting Director of the Office of, Management and Budget, The Presidents designation of an employee to act as Director of OMB under the Vacancies Reform, Act, 5 U.S.C. §§ 3345–3349d, is itself the appointment of an inferior officer and satisfies the, Appointments Clause

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Department of Transportation Authority to Exempt Canadian Truck Drivers From Criminal Liability for Transporting Explosives, (2003)
United States Attorneys General Filed: Feb. 06, 2003

that DoT has not issued such a regulation and therefore section 842(i) liability, would attach to a Canadian truck driver transporting explosives in the United, States. DoT, contends that safety should be read to include security, i.e., national security, concerns. Chao, 534, U.S. at 241.

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Compliance of Direct Recording Electronic Voting Systems With Help America Vote Act and Americans With Disabilities Act, (2003)
United States Attorneys General Filed: Oct. 10, 2003

The production of a contemporaneous paper record is not, necessary for the voting system to comport with section 15481(a)(1)(A)(i), but it, does afford an additional means for a voter to verify his choices before casting his, vote.forms, or paper ballots)., § 12131(2)—is protected by title II.

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Bond Proceeding of Undocumented Aliens Seeking to Enter the United States Illegally, (2003)
United States Attorneys General Filed: Apr. 17, 2003

release of respondent on bond was and is unwarranted due to considerations of, sound immigration policy and national security that would be undercut by the, release of respondent and other undocumented alien migrants who unlawfully, crossed the borders of the United States on October 29, 2002.

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Authority of the Equal Employment Opportunity Commission to Impose Monetary Sanctions Against Federal Agencies for Failure to Comply With Orders Issued by EEOC Administrative Judges, (2003)
United States Attorneys General Filed: Jan. 06, 2003

Co. v. Read, 322 U.S. 47, 54, & n.6 (1944);, EEOC next asserts that the Federal Rules of Civil Procedure provide the statu-, tory waiver of sovereign immunity for payments by federal agencies of attorneys, fees as sanctions incurred during the federal court adjudicatory process.

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Authority of the Department of the Interior to Provide Historic Preservation Grants to Historic Religious Properties Such as the Old North Church, (2003)
United States Attorneys General Filed: Apr. 30, 2003

Dist., 509 U.S. 1, 8, (1993) (we have consistently held that government programs that neutrally, provide benefits to a broad class of citizens defined without reference to religion, are not readily subject to an Establishment Clause challenge); cf. Church Arson Prevention Act of 1996, Pub.

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Authority of Chief Financial Officer Under FY 2003 HUD Appropriations, (2003)
United States Attorneys General Filed: Aug. 12, 2003

, You have asked whether these appropriations provisions exclusively assigned, all responsibility for appropriations law matters at HUD to HUDs Chief Financial, Officer (CFO), effectively barring HUDs General Counsel from exercising any, responsibilities with respect to appropriations matters.

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Appointment of Member of Holocaust Memorial Council, (2003)
United States Attorneys General Filed: Feb. 06, 2003

Appointment of Member of Holocaust Memorial Council, The process of appointing an individual as a member of the United States Holocaust Memorial Council, was not completed. Even if the tenure of the office is not protected, the President is still, without discretion as to the appointment.

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Application of 18 U.S.C. § 603 to Contributions to the President's Re-Election Committee, (2003)
United States Attorneys General Filed: May 23, 2003

Application of 18 U.S.C. § 603 to Contributions to the, Presidents Re-Election Committee, Civilian executive branch employees do not violate 18 U.S.C. § 603 by contributing to a Presidents, authorized re-election campaign committee. an Executive agency for purposes of section 7322(1).

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