|2003-March-04||Quorum Requirements||The National Labor Relations Board may issue decisions even when only two of its five seats are filled, 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.|
|2003-February-20||Limitations on the Detention Authority of the Immigration and Naturalization Service|
The Immigration and Nationality Act by its terms grants the Attorney General a full 90 days to effect an alien’s removal after the alien is ordered removed under section 241(a) of the Act, and it imposes no duty on the Attorney General to act as quickly as possible, or with any particular degree of dispatch, within the 90-day period. This reading of the Act raises no constitutional infirmity.
It is permissible for the Attorney General to take more than the 90-day removal period to remove an alien even when it would be within the Attorney General's power to effect the removal within 90 days. The Attorney General can take such action, however, only when the delay in removal is related to effectuating the immigration laws and the nation’s immigration policies. Among other things, delays in removal that are attributable to investigating whether and to what extent an alien has terrorist connections satisfy this standard.
|2003-February-06||Department of Transportation Authority to Exempt Canadian Truck Drivers From Criminal Liability for Transporting Explosives||The Department of Transportation possesses the authority to issue a regulation that, under section 845(a)(1) of title 18, would exempt Canadian truck drivers from criminal liability under section 842(i) of that title. DoT, however, 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.|
|2003-February-06||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 process of appointing a member of the Council had been completed, the President's appointment of another individual to that same position effected a removal of that appointee.
|2003-January-31||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.|
|2003-January-06||The Equal Employment Opportunity Commission's Authority 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.|
|2003-January-03||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.|
|2002-December-31||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.|
|2002-December-19||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.
|2002-December-19||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.