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2003
2003-September-22

Holdover and Removal of Members of Amtrak’s Reform Board

A member of Amtrak’s Reform Board whose statutory term has expired may not hold over in office until a successor is appointed.

The President may remove a member of the Amtrak Reform Board without cause.

2003-September-08

Equal Employment Opportunity Commission Actions Against Public Employers to Enforce Settlement or Conciliation Agreements

The Equal Employment Opportunity Commission lacks the authority to initiate an action in federal court against a public employer to enforce a settlement or conciliation agreement negotiated by the EEOC during its administrative process.

2003-September-05

Temporary Filling of Vacancies in the Office of United States Attorney

Two statutes that provide for the temporary filling of vacancies in the office of United States Attorney, 28 U.S.C. § 546 and 5 U.S.C. §§ 3345–3349d, operate independently, and either or both may be used for a particular vacancy.

2003-August-12

Authority of Chief Financial Officer Under FY 2003 HUD Appropriations

Provisions of the Department of Housing and Urban Development Appropriations Act for FY 2003 did not assign all responsibility for appropriations law matters to HUD’s Chief Financial Officer to the exclusion of the General Counsel.

2003-July-24

Eligibility of Unlegitimated Children for Derivative Citizenship

An alien child who was born out of wedlock and whose paternity has not been established by legitimation is eligible for derivative citizenship under section 320 of the Immigration and Naturalization Act at the time the child’s mother becomes a naturalized citizen.

2003-July-18

Interpretation of Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act

Existing statutory provisions that prohibit or impose mandatory restrictions on the public release of information are not overridden by section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003, which requires the President to order federal agencies “to expeditiously declassify and release to the victims’ families” information regarding the murders of certain Americans in El Salvador and Guatemala. Provisions that permit but do not require the government to withhold information are, however, overridden by section 586.

It is permissible to interpret the scope of the information covered by section 586 to be limited to classified information.

2003-July-03

VA’s 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.

2003-June-12

Designation of Acting Director of the Office of Management and Budget

The President’s 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, U.S. Const. art. II, § 2, cl. 2, even if the employee had not earlier been an “Officer of the United States.”

2003-May-23

Application of 18 U.S.C. § 603 to Contributions to the President’s Re-Election Committee

Civilian executive branch employees do not violate 18 U.S.C. § 603 by contributing to a President’s authorized re-election campaign committee.

2003-April-30

Authority of the Department of the Interior to Provide Historic Preservation Grants to Historic Religious Properties Such as the Old North Church

The Establishment Clause does not bar the award of historic preservation grants to the Old North Church or to other active houses of worship that qualify for such assistance, and the section of the National Historic Preservation Act authorizing the provision of historic preservation assistance to religious properties listed on the National Register of Historic Places is constitutional.


Updated: April 2014