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Opinions
Whether Canteen Service Provided Through the Veterans’ Canteen Service Is Exempt From Review Under the Federal Activities Inventory Reform Act of 1998
Canteen service provided through the Veterans’ Canteen Service is not exempt from review under the Federal Activities Inventory Reform Act of 1998.
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
The doctrine of sovereign immunity precludes the Equal Employment Opportunity Commission from imposing monetary sanctions against federal agencies for violations of orders of EEOC administrative judges.
Funding for Technical Assistance for Agricultural Conservation Programs
Funding for technical assistance for the agricultural conservation programs listed in amended section 1241(a) of the Food Security Act of 1985 is subject to the “section 11 cap” on transfer of Commodity Credit Corporation funds.
The Secretary of Agriculture may draw on the Department of Agriculture’s appropriation for Conservation Operations to fund technical assistance for these programs.
Legality of Fixed-Price Intergovernmental Agreements for Detention Services
The Department of Justice has authority to enter Intergovernmental Agreements with state or local governments to provide for the detention of federal prisoners and detainees on a fixed-price basis and is not limited to providing compensation for costs under such agreements.
Duty to File Public Financial Disclosure Report
A member of a commission in the Executive Branch need not file a public financial disclosure report in circumstances where the employee’s salary is set by administrative action within a range specified by statute, is below the statutory salary threshold for such reports, but could have been set at a level making a public report necessary.
The financial disclosure obligations of Legislative Branch officials should be construed similarly, because the statutory language applicable to officials in the Executive Branch is, in relevant part, identical to that applicable to officials in the Legislative Branch.
Under Secretary of the Treasury for Enforcement
The President does not have a legal duty to make a nomination for Under Secretary of the Treasury for Enforcement.
If the President does not make a nomination, the Secretary of the Treasury could perform the duties himself or assign them to another official of his department.
Whether False Statements or Omissions in Iraq’s Weapons of Mass Destruction Declaration Would Constitute a “Further Material Breach” Under U.N. Security Council Resolution 1441
False statements or omissions in Iraq’s weapons of mass destruction declaration would by themselves constitute a “further material breach” of U.N. Security Council Resolution 1441.
Expiration of Authority of Recess Appointees
Two members of the National Labor Relations Board who received recess appointments between the first and second sessions of the 107th Congress may not continue to serve on the Board after the Senate adjourned the second session sine die.
Designation of Acting Solicitor of Labor
Eugene Scalia, now serving as the Solicitor for the Department of Labor under a recess appointment, could be given a second position in the non-career Senior Executive Service in the Department of Labor before or after his recess appointment expires and, while serving in his non-career Senior Executive Service position, could be designated as the Acting Solicitor after his recess appointment expires.
Effect of a Recent United Nations Security Council Resolution on the Authority of the President Under International Law to Use Military Force Against Iraq
United Nations Security Council Resolution 1441 does not alter the legal authority, under international law, granted by existing U.N. Security Council resolutions to use force against Iraq.