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Opinions
Guidance on Application of Federal Vacancies Reform Act of 1998
This memorandum provides guidance on the application of the Federal Vacancies Reform Act of 1998 to vacancies in Senate-confirmed offices within the Executive Branch.
Gulf War Veterans Health Statutes
Section 1604 of the Persian Gulf War Veterans Act of 1998 is constitutionally invalid insofar as it purports to nullify prospectively certain described legislation that might be enacted in the future.
Overlapping provisions of the Veterans Programs Enhancement Act of 1998 and the Persian Gulf War Veterans Act of 1998, although redundant and burdensome in some respects if both statutes are given effect, are not inherently conflicting or mutually exclusive and therefore both provisions must be treated as valid and given effect.
Attorney’s Fees for Legal Service Performed Prior to Federal Employment
18 U.S.C. § 205 prohibits a Civil Division attorney from receiving attorney’s fees for work in a case against the United States performed prior to federal employment when the right to payment depends on a finding of liability and award against the United States that takes place after the attorney’s entry into federal employment.
Applicability of 18 U.S.C. § 208 to National Gambling Impact Study Commission
The National Gambling Impact Study Commission is not an “independent” agency for purposes of a criminal conflict of interest statute, 18 U.S.C. § 208.
Application of 18 U.S.C. § 205 to Employees Serving on an Intergovernmental Personnel Act Assignment
A federal employee assigned to a state or local government or other non-federal entity under the Intergovernmental Personnel Act is not prohibited by 18 U.S C. § 205 from representing the interest of the non-federal entity before the federal government, including the employee’s agency, if such representational activity is affirmatively included with the scope of the employee’s assignment as determined by the federal agency head.
Applicability of 18 U.S.C. § 1721 to Collection of Fee for Stamped Cards
The Postal Service may charge a fee for stamped cards in addition to the face value of the postage without violating 18 U.S.C. § 1721.
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.