2002 U.S. Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 31 - THE ATTORNEY GENERAL
Sec. 516 - Conduct of litigation reserved to Department of Justice
View Metadata| Publication Title | United States Code, 2000 Edition, Supplement 2, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL Sec. 516 - Conduct of litigation reserved to Department of Justice |
| Contains | section 516 |
| Date | 2002 |
| Laws in Effect as of Date | January 6, 2003 |
| Positive Law | Yes |
| Disposition | reserved |
| Source Credit | Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 613. |
| Statutes at Large References | 68 Stat. 1229 80 Stat. 613 |
| Public Law Reference | Public Law 89-554 |
§516. Conduct of litigation reserved to Department of Justice
Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General.
(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 613.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 306. | R.S. §361. | |
| Sept. 3, 1954, ch. 1263, §11, 68 Stat. 1229. |
The section is revised to express the effect of the law. As agency heads have long employed, with the approval of Congress, attorneys to advise them in the conduct of their official duties, the first 56 words of R.S. §361 and of former section 306 of title 5 are omitted as obsolete.
The section concentrates the authority for the conduct of litigation in the Department of Justice. The words “Except as otherwise authorized by law,” are added to provide for existing and future exceptions (e.g., section 1037 of title 10). The words “an agency” are added for clarity and to align this section with section 519 which is of similar import. The words “as such officer” are omitted as unnecessary since it is implied that the officer is a party in his official capacity as an officer.
So much as prohibits the employment of counsel, other than in the Department of Justice, to conduct litigation is omitted as covered by R.S. §365, which is codified in section 3106 of title 5, United States Code.
Section Referred to in Other SectionsThis section is referred to in title 7 section 7516; title 12 section 4243; title 19 section 2350; title 31 section 3718; title 38 sections 3730, 5316; title 42 section 1785.
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