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Opinions

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Title Headnotes
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.

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. § 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.

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.

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.

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.

Applicability of Trade Secrets Act to Intra-Governmental Exchange of Regulatory Information

The disclosure to certain federal financial regulatory agencies of propriety information of the Office of Federal Housing Enterprise Oversight obtained from the finance institutions it regulates would be “authorized by law” within the meaning of the Trade Secrets Act and therefore would not violate that Act’s prohibitions against unauthorized agency disclosures of trade secrets or other confidential business information.

Whether Government Reproduction of Copyrighted Materials is a Noninfringing “Fair Use”

Although government reproduction of copyrighted material for governmental use would in many contexts be a noninfringing fair use under section 107 of the Copyright Act of 1976, such government reproduction of copyrighted material does not invariably qualify as a “fair use.”

United States Marshals Service Obligation to Take Steps to Avoid Anticipated Appropriations Deficiency

Under the apportionment provisions of the Antideficiency Act, the United States Marshals Service has an affirmative obligation to take steps to avoid a deficiency in its Federal Prisoner Detention budget and any drastic curtailment of its prisoner detention services by reducing current expenditures and/or exploring alternative sources of funding that would not depend upon the receipt of additional funds from Congress.

Relationship Between Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and Statutory Requirement for Confidentiality of Census Information

Section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which concerns the authority of federal, state, and local government officials and entities to disclose to the Immigration and Naturalization Service information regarding an individual’s citizenship or immigration status, does not repeal 13 U.S.C. § 9(a), a statutory confidentiality requirement that bars the disclosure of covered census information by census officials.

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