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.