§ 516. — Conduct of litigation reserved to Department of Justice.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC516]
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
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, 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. 306. R.S. Sec. 361.
......................... Sept. 3, 1954, ch.
1263, Sec. 11, 68
Stat. 1229.
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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. Sec. 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. Sec. 365, which is codified in section 3106 of title 5, United
States Code.
Section Referred to in Other Sections
This 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.
