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Title Headnotes
Authority of the Secretary of the Treasury Regarding Postal Service Bond Offering

If the Secretary of the Treasury, within the fifteen-day period following notice by the United States Postal Service of a proposed bond issue, declares his election to purchase the bonds under 39 U.S.C. § 2006(a), the Postal Service may not sell the bonds on the open market, but must instead negotiate in good faith with the Secretary to reach agreement on the terms and conditions of a sale to the Secretary.

Transfer of the proceeds of any bond offering by the Postal Service to a trustee for the purpose of having the trustee make payments on outstanding Postal Service debt would be a deposit of Postal Service monies within the meaning of 39 U.S C. § 2003(d) and, accordingly, could be done only with the approval of the Secretary of the Treasury.

Authority to Grant Conservation Easements Under 40 U.S.C. § 319

Federal agencies do not have authority to grant conservation easements in federal property under 40 U.S C. § 319.

Authority of the Attorney General to Make Successive Designations of Interim United States Marshals

Under 28 U S.C. § 562, the Attorney General may make two or more successive designations of a person to serve as interim United States marshal in a judicial district where the marshal’s office is vacant.

After the expiration of an initial designation of a United States marshal under 28 U.S.C. § 562, the Attorney General may authorize a person to act as marshal under 28 U.S.C. §§ 509, 510.

Applicability of the Civil Service Provisions of Title 5 of the United States Code to the United States Enrichment Corporation

The United States Enrichment Corporation is exempt from the civil service provisions of title 5 of the United States Code.

Construction of § 406 of the Federal Employees Pay Comparability Act of 1990

Section 406 of the Federal Employees Pay Comparability Act of 1990 does not extend the authority to make bonus payments to employees at the New York Field Division of the Federal Bureau of Investigation pursuant to section 601 of the Intelligence Authorization Act for fiscal years 1989 and 1990 beyond the expiration date of the demonstration project established by section 601.

Applicability of 18 U.S.C. § 207(c) to the Briefing and Arguing of Cases in Which the Department of Justice Represents a Party

Section 207(c) of title 18 forbids a former senior employee of the Department of Justice, for one year after his or her service ends, from signing a brief or making an oral argument in a case where the Department represents one of the parties.

General Services Administration Printing Operations

The Joint Committee on Printing lacks the authority to alter the General Services Administration’s printing operations because the only basis for that authority is an invalid legislative veto provision contained in 44 U.S.C. § 501.

Section 207 of Public Law Number 102-392 requires executive branch entities (other than the Central Intelligence Agency, the Defense Intelligence Agency, and the National Security Agency) to procure printing related to the publication of government publications by or through the Government Printing Office..

Ethics Issues Related to the Federal Technology Transfer Act of 1986

A government employee-inventor who assigns his rights in an invention to the United States and accepts the government’s payment of amounts tied to the resulting royalties, as provided in the Federal Technology Transfer Act of 1986, may continue to work on the invention without violating the statute against taking part in matters in which he has a financial interest, 18 U.S.C. § 208, or the statute forbidding supplementation of federal salaries, 18 U.S.C. § 209.

Under 18 U.S.C § 208, a government employee-inventor may not take official action with respect to an agreement for development of his invention entered into by the United States and a company with which the employee has contracted to exploit the invention abroad.

Disclosure of Grand Jury Matters to the President and Other Officials

The Attorney General may disclose grand jury material covered by Rule 6(e) of the Federal Rules of Criminal Procedure to the President and members of the National Security Council where such disclosure is for the purpose of assisting the Attorney General in her enforcement of federal criminal law. Although under those circumstances such disclosure may be made without prior judicial approval, the names of those receiving the grand jury material must be submitted to the court that impaneled the grand jury in question.

There are also circumstances where the President’s constitutional responsibilities may provide justification for the Attorney General to disclose grand jury matters to the President independent of the provisions of Rule 6(e). Such circumstances might arise, for example, where the Attorney General learns through grand jury proceedings of a grave threat of terrorism, implicating the President’s responsibilities under Article II of the Constitution.

Suspension of a United States Marshal

With the prior approval of the President, the Attorney General may suspend a United States Marshal without pay.

During the period of a United States Marshal’s suspension, the Attorney General may designate an Acting United States Marshal to carry out the duties of the office.


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