Opinions

Opinions

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Title Headnotes
Proposed Settlement of Diamond v. Department of Health & Human Services

The Department of Health & Human Services may lawfully enter into a settlement providing that the positions of specific employees will not be reclassified until they vacate the positions if, in light of the facts of the case and recognizing the inherent uncertainty of litigation, the agency concludes that a court might find that there was a cognizable danger of recurrent sexual discrimination in the reclassifications in violation of Title VII of the Civil Rights Act of 1964.

Miscellaneous Receipts Act Exception for Veterans’ Health Care Recoveries

The Veterans Reconciliation Act of 1997 creates an exception to the Miscellaneous Receipts Act to the extent that a recovery or collection under the Federal Medical Care Recovery Act is based on medical care or services furnished under chapter 17 of title 38, United States Code, and thus allows the deposit of such a recovery or collection in the Department of Veterans Affairs Medical Care Collections Fund.

Presidential Determination Allowing Financial Assistance to Tibet

President Carter’s 1980 Determination that financial assistance to the People’s Republic of China would be in the national interest satisfies the requirements of section 2(b)(2) of the Export-Import Bank Act of 1945 and thus permits the Export-Import Bank to provide assistance to the region of Tibet, its provincial government, and its residents without any presidential action in addition to the prior determination made with respect to China.

The Authority of the Bureau of the Census to Adjust Population Data for Purposes Other Than Apportionment

The Commerce Department has the authority to use sampling and other recognized statistical procedures in order to correct the unadjusted population figures obtained in the decennial census for the year 2000, at least for purposes other than providing the basis for apportioning seats in the United States House of Representatives.

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

The Office of the United States Trade Representative lacks authority under the Trade Act of 1974 or its own organic statute to provide legal representation to a private domestic industry in administrative proceedings before the United States International Trade Commission.

Disclosure to the Government, During the Guilt Phase of a Trial, of the Results of a Court-Ordered Mental Examination

The Fifth Amendment privilege against self-incrimination does not prohibit disclosure to the government, during the guilt phase of a trial, of the results of a court-ordered mental examination.

Official Service by State Department Employees on the Boards of American-Sponsored Schools Overseas

Official service by State Department employees on the boards of American-sponsored schools overseas is authorized by statute and does not violate 18 U.S.C § 208.

Authority of the D.C. Council Under the Home Rule Act to Amend the Schedule of Heights of Buildings

The Council of the District of Columbia has the authonty, under section 602(a)(6) of the Home Rule Act of 1973, to amend the Schedule of Heights of Buildings Adjacent to Public Buildings as long as any amendment is within the overall limitations set forth in the Building Height Act of 1910.

The D C. Council’s authonty is not further restricted by the limitations contained in the Schedule of Heights that was in effect on December 24, 1973.

Application of 18 U.S.C. § 208 to Service by Executive Branch Employees on Boards of Standard-Setting Organizations

Under 18 U S.C. § 208, a federal employee may serve as a member of the board of a private voluntary standards organization to the extent necessary to permit participation in his or her official capacity in the organization’s standard-setting activities.

Construction of State Reporting Requirements in Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act

The better interpretation of the state reporting requirements in section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act is that they apply only to those state agencies administering the particular federally funded program in question, not to all state agencies in a State that receives funds under the program.

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