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Office of The Assistant General Counsel for Administration
Employment
and Labor Law Division | Ethics Law and Programs Division
| General Law Division
Welcome to the General Law Division
The General Law Division provides oral advice and written legal opinions
concerning the administration and management of the Department, areas
which in general are governed by statutes and regulations of Government-
and Department-wide applicability. The General Law Division is responsible
for providing legal services in all areas of administrative law not specifically
assigned to the other two divisions in the office or to the Assistant
General Counsel for Finance and Litigation. Attorneys in the division
provide legal advice to Department offices on the Freedom of Information
Act (FOIA), Privacy Act (PA), and the Federal Advisory Committee Act (FACA);
review FOIA and PA appeals and prepare recommended responses; review proposals
to create and renew advisory committees and to close meetings under FACA;
and handle litigation involving these statutes.
The Division is responsible for providing advice and preparing opinions in a number of other areas, including: Department directives and delegations of authority; the Administrative Procedure Act and the Paperwork Reduction Act; appropriations and budget matters, including use of the Department’s Working Capital Fund; use of appropriated funds, interpretation of appropriation act language, and applicability of legislative restrictions and Comptroller General opinions to appropriated fund activities; administrative provisions of the Department's organic authority, such as the gift and bequest fund, user fees, joint projects, and special studies authorities; the classification and protection of records classified for national security reasons; printing; publishing and advertising; real and personal property issues; and records management and disposition.
The Division is also responsible for providing Departmental offices and agencies with intellectual property advice in the areas of Internet law, trademark, copyright and domain name practice. This may include performing trademark and domain name searches, licensing DOC marks and other Departmental branding activities; responding to unauthorized use and infringement of Departmental marks, addressing questions on the use of copyrighted materials, reviewing requests to sign releases and other matters.
Model Agreements
The Division also is responsible for advising and providing clearance on all types of Departmental agreements. Agreement formats most commonly used are the following:
(1) Economy Act–Purchasing Agreements permit the Department to purchase goods or services from other Federal agencies if the good or service is actually available, the purchase is in the best interest of the Government, the goods or services cannot be provided more cheaply or conveniently by the private sector, and the supplying agency is able to provide the good or service itself or by contract. (DETAILS)
(2) Economy Act–Providing Agreements. Same as (1) and used when the Department is providing fully-reimbursable goods or services to another Federal agency. (DETAILS)
(3) Joint Project Agreements involve equitable sharing of costs with a non-profit or public organization on a matter of mutual interest. The project must be essential to the furtherance of the Department’s programs and could not be accomplished more effectively without the other organization’s collaboration. (DETAILS)
(4) Intergovernmental Cooperation Act Agreements involve requests by State or local governments related to statistical and other studies and compilations, development projects, training activities, surveys, reports and documents, where the State or local government pays all identifiable costs. (DETAILS)
(5) Special Studies Agreements (Federal Agencies) (NonFederal Agencies) concern requests by any person, firm, or public or private organization. The studies may include special compilations, lists, bulletins, and report and the person or organization must pay all actual or estimated costs. (DETAILS)
(6) Reimbursable Detail Agreement similar to (1) when reimbursing other Federal agencies detailing employees to the Department; similar to (2) when being reimbursed when detailing Department employees to other agencies. (DETAILS)
(7) Non-reimbursable Detail Agreement used to detail employees to and from other Federal agencies on a non-reimbursable basis. (DETAILS)
Bureau Specific Authorities
(1) Mutual Education and Cultural Exchange Act (MECEA) Agreements permit the International Trade Administration and the Bureau of Industry and Security to accept contributions of funds or services from any person or organization for the purposes of furthering their respective missions. (DETAILS)
(2) Coast & Geodetic Survey Act (883e) Agreement (Federal Agencies) (NonFederal Agencies) authorizes the National Oceanic and Atmospheric Administration to enter into agreements, with any State or subdivision, any Federal agency, or any public or private organization, or individual for surveys, investigations, and other activities authorized under the Act. (DETAILS)
NOTE: Agreements are subject to legal review and clearance in accordance with your office's policies and procedures. For advice on the proper agreement format to follow contact the General Law Division, at (202) 482-5391.
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