§ 514. — Legal services on pending claims in departments and agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC514]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 31--THE ATTORNEY GENERAL
Sec. 514. Legal services on pending claims in departments and
agencies
When the head of an executive department or agency is of the opinion
that the interests of the United States require the service of counsel
on the examination of any witness concerning any claim, or on the legal
investigation of any claim, pending in the department or agency, he
shall notify the Attorney General, giving all facts necessary to enable
him to furnish proper professional service in attending the examination
or making the investigation, and the Attorney General shall provide for
the service.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 48. R.S. Sec. 187.
5 U.S.C. 313. R.S. Sec. 364.
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Sections 187 and 364 of the Revised Statutes are combined into one
section since they both deal with the same subject matter and are
derived from the Act of Feb. 14, 1871, ch. 51, Sec. 3, 16 Stat. 412.
The words ``executive department'' are substituted for
``Department'' because ``Department'', as used in R.S. Secs. 187 and
364, meant ``executive department''. (See R.S. Sec. 159.) The word
``agency'' is substituted for ``bureau'' as it has a more common current
acceptance. The word ``concerning'' is substituted for ``touching''.
Reference to application for a subpena is omitted as R.S. Sec. 364 gives
the department head the same authority to request aid from the Attorney
General whether or not application has been made for a subpena.
Section 187 of the Revised Statutes was part of title IV of the
Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d), as
added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-
1), which provides ``Except to the extent inconsistent with the
provisions of this Act [National Security Act of 1947], the provisions
of title IV of the Revised Statutes as now or hereafter amended shall be
applicable to the Department of Defense'' is omitted from this title but
is not repealed.
Minor changes are made in phraseology to allow for the combining of
the two sections.
