Page 177
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`TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
`
`§ 518
`
`HISTORICAL AND REVISION NOTES
`
`Derivation
`
`U.S. Code
`
`Revised Statutes and
`Statutes at Large
`
`.....................
`.....................
`
`5 U.S.C. 48.
`5 U.S.C. 313.
`
`R.S. § 187.
`R.S. § 364.
`
`Sections 187 and 364 of the Revised Statutes are com-
`bined into one section since they both deal with the
`same subject matter and are derived from the Act of
`Feb. 14, 1871, ch. 51, § 3, 16 Stat. 412.
`The words ‘‘executive department’’ are substituted
`for ‘‘Department’’ because ‘‘Department’’, as used in
`R.S. §§ 187 and 364, meant ‘‘executive department’’. (See
`R.S. § 159.) The word ‘‘agency’’ is substituted for ‘‘bu-
`reau’’ 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. § 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, § 201(d), as added Aug. 10, 1949, ch. 412, § 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`omitted from this title but is not repealed.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.
`§ 515. Authority for legal proceedings; commis-
`sion, oath, and salary for special attorneys
`
`(a) The Attorney General or any other officer
`of the Department of Justice, or any attorney
`specially appointed by the Attorney General
`under law, may, when specifically directed by
`the Attorney General, conduct any kind of legal
`proceeding, civil or criminal, including grand
`jury proceedings and proceedings before com-
`mitting magistrate judges, which United States
`attorneys are authorized by law to conduct,
`whether or not he is a resident of the district in
`which the proceeding is brought.
`(b) Each attorney specially retained under au-
`thority of the Department of Justice shall be
`commissioned as special assistant to the Attor-
`ney General or special attorney, and shall take
`the oath required by law. Foreign counsel em-
`ployed in special cases are not required to take
`the oath. The Attorney General shall fix the an-
`nual salary of a special assistant or special at-
`torney.
`
`(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat.
`613; amended Pub. L. 101–650, title III, § 321, Dec.
`1, 1990, 104 Stat. 5117; Pub. L. 107–273, div. A, title
`II, § 203(b), Nov. 2, 2002, 116 Stat. 1775.)
`
`HISTORICAL AND REVISION NOTES
`
`Derivation
`
`U.S. Code
`
`Revised Statutes and
`Statutes at Large
`
`(a) ................
`
`5 U.S.C. 310.
`
`(b) ................
`
`5 U.S.C. 315.
`
`.....................
`
`[Uncodified].
`
`.....................
`
`[Uncodified].
`
`June 30, 1906, ch. 3935, 34 Stat.
`816.
`R.S. § 366.
`Apr. 17, 1930, ch. 174, 46 Stat.
`170.
`June 25, 1948, ch. 646, § 3, 62
`Stat. 985.
`Aug. 5, 1953, ch. 328, § 202 (1st
`and 2d provisos, as applica-
`ble to special assistants and
`special attorneys), 67 Stat.
`375.
`July 2, 1954, ch. 456, § 202 (as
`applicable to special assist-
`ants and special attorneys),
`68 Stat. 421.
`
`In subsection (a), the words ‘‘or counselor’’ are omit-
`ted as redundant. The words ‘‘United States attorneys’’
`are substituted for ‘‘district attorneys’’ on authority of
`the Act of June 25, 1948, ch. 646, § 1, 62 Stat. 909. The
`words ‘‘any provision of’’ are omitted as unnecessary.
`
`AMENDMENTS
`
`2002—Subsec. (b). Pub. L. 107–273 struck out ‘‘at not
`more than $12,000’’ before period at end.
`
`CHANGE OF NAME
`
`Words ‘‘magistrate judges’’ substituted for ‘‘mag-
`istrates’’ in subsec. (a) pursuant to section 321 of Pub.
`L. 101–650, set out as a note under section 631 of this
`title.
`§ 516. Conduct of litigation reserved to Depart-
`ment 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 in-
`terested, and securing evidence therefor, is re-
`served 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.)
`
`HISTORICAL AND REVISION NOTES
`
`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 con-
`duct 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 sec-
`tion 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.
`§ 517. Interests of United States in pending suits
`
`The Solicitor General, or any officer of the De-
`partment of Justice, may be sent by the Attor-
`ney General to any State or district in the
`United States to attend to the interests of the
`United States in a suit pending in a court of the
`United States, or in a court of a State, or to at-
`tend to any other interest of the United States.
`
`(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat.
`613.)
`
`HISTORICAL AND REVISION NOTES
`
`Derivation
`
`U.S. Code
`
`Revised Statutes and
`Statutes at Large
`
`.....................
`
`5 U.S.C. 316.
`
`R.S. § 367.
`
`§ 518. Conduct and argument of cases
`
`(a) Except when the Attorney General in a
`particular case directs otherwise, the Attorney