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U.S. Code, Title 28, Judiciary and Judicial Procedure
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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.)
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 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 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.
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 516. Conduct of Litigation Reserved to Department of Justice," U.S. Code, Title 28, Judiciary and Judicial Procedure in U.S. Code, Title 28, Judiciary and Judicial Procedure (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed May 13, 2025, http://www.originalsources.com/Document.aspx?DocID=L49BQYXJ89T9PAX.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 516. Conduct of Litigation Reserved to Department of Justice." U.S. Code, Title 28, Judiciary and Judicial Procedure, in U.S. Code, Title 28, Judiciary and Judicial Procedure, Washington, D.C., Government Printing Office, 2002, Original Sources. 13 May. 2025. http://www.originalsources.com/Document.aspx?DocID=L49BQYXJ89T9PAX.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 516. Conduct of Litigation Reserved to Department of Justice' in U.S. Code, Title 28, Judiciary and Judicial Procedure. cited in 2002, U.S. Code, Title 28, Judiciary and Judicial Procedure, Government Printing Office, Washington, D.C.. Original Sources, retrieved 13 May 2025, from http://www.originalsources.com/Document.aspx?DocID=L49BQYXJ89T9PAX.
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