§ 516. Conduct of litigation reserved to Department of Justice

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–554 § 4(c) · 80 Stat. 378

   Enacted · 28 U.S.C. § 516

   (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)

   Source evidence

   Code source credit
   (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)

   Enacted provision · exact public law section
   (c) Part II of title 28, United States Code, is amended to read as follows: “PART II— DEPARTMENT OF JUSTICE “31. The attorney general 501” “33. Federal bureau of investigation 531” “35. United states attorneys 541” “37. United states marshals 561” “CHAPTER 31— THE ATTORNEY GENERAL “Sec. “501. Executive department. “502. Seal. “503. Attorney General. “504. Deputy Attorney General. “505. Solicitor General. “506. Assistant Attorneys General. “507. Assistant Attorney General for Administration. “508. Vacancies. “509. Functions of the Attorney General. “510. Delegation of authority. “511. Attorney General to advise the President. “512. Attorney General to advise beads of executive departments. “513. Attorney General to advise Secretaries of military departments. “514. Legal services on pending claims in departments and agencies. “515. Authority for legal proceedings; commission, oath, and salary for special attorneys. “516. Conduct of litigation reserved to Department of Justice. “517. Interests of United States in pending suits. “518. Conduct and argument of cases. “519. Supervision of litigation. “520. Transmission of petitions in Court of Claims; statement furnished by departments. “521. Publication and distribution of opinions. “522. Report of business and statistics. “523. Requisitions. “524. Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs. “525. Procurement of law books, reference books, and periodicals; sale and exchange. “526. Authority of the Attorney General to investigate United States attorneys and marshals, clerks of court, and others. “§ 501. Executive department “The Department of Justice is an executive department of the United States at the seat of Government. “§ 502. Seal “The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President. “§ 503. Attorney General “The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. “§ 504. Deputy Attorney General “The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General. “§ 505. Solicitor General “The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the performance of his duties. “§ 506. Assistant Attorneys General “The President shall appoint, by and with the advice and consent of the Senate, nine Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties. “§ 507. Assistant Attorney General for Administration “(a) The Attorney General shall appoint, with the approval of the President an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe. “(b) The position of Assistant Attorney General for Administration is in the competitive service. “§ 508. Vacancies “(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General. “(b) When, by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Assistant Attorneys General and the Solicitor General, in such order of succession as the Attorney General may from time to time prescribe, shall act as Attorney General. “§ 509. Functions of the Attorney General “All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions— “(1) vested by subchapter II of chapter 5 of title 5 in hearing examiners employed by the Department of Justice; “(2) of the Federal Prison Industries, Inc.; “(3) of the Board of Directors and officers of the Federal Prison Industries, Inc.; and “(4) of the Board of Parole. “§ 510. Delegation of authority “The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General. “§ 511. Attorney General to advise the President “The Attorney General shall give his advice and opinion on questions of law when required by the President. “§ 512. Attorney General to advise heads of executive departments “The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department. “§ 513. Attorney General to advise Secretaries of military departments “When a question of law arises in the administration of the Department of the Army, the Department of the Navy, or the Department of the Air Force, the cognizance of which is not given by statute to some other officer from whom the Secretary of the military department concerned may require advice, the Secretary of the military department shall send it to the Attorney General for disposition. “§ 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. “§ 515. Authority for legal proceedings; commission, 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 committing magistrates, 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 authority of the Department of Justice shall be commissioned as special assistant to the Attorney General or special attorney, and shall take the oath required by law. Foreign counsel employed in special cases are not required to take the oath. The Attorney General shall fix the annual salary of a special assistant or special attorney at not more than $12,000. “§ 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. “§ 517. Interests of United States in pending suits “The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney 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 attend to any other interest of the United States. “§ 518. Conduct and argument of cases “(a) Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall con-duct and argue suits and appeals in the Supreme Court and suits in the Court of Claims in which the United States is interested. “(b) When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so. “§ 519. Supervision of litigation “Except as otherwise authorized by law, the Attorney General shall supervise all litigation to which the United States, an agency, or officer thereof is a party, and shall direct all United States attorneys, assistant United States attorneys, and special attorneys appointed under section 543 of this title in the discharge of their respective duties. “§ 520. Transmission of petitions in Court of Claims; statement furnished by departments “(a) In suits against the United States in the Court of Claims founded on a contract, agreement, or transaction with an executive department or military department, or a bureau, officer, or agent thereof, or when the matter or thing on which the claim is based has been passed on and decided by an executive department, military department, bureau, or officer authorized to adjust it, the Attorney General shall send to the department, bureau, or officer a printed copy of the petition filed by the claimant, with a request that the department, bureau, or officer furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department, bureau, or officer. “(b) Within a reasonable time after receipt of the request from the Attorney General, the executive department, military department, bureau, or officer shall furnish the Attorney General with a written statement of all facts, information, and proofs. The statement shall contain a reference to or description of all official documents and papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the department, office, or place where the same is kept or may be secured. If the claim has been passed on and decided by the department, bureau, or officer, the statement shall briefly state the reasons and principles on which the decision was based. When the decision was founded on an Act of Congress it shall be cited specifically, and if any previous interpretation or construction has been given to the Act, section, or clause by the department, bureau, or officer, it shall be set forth briefly in the statement and a copy of the opinion filed, if any, attached to it. When a decision in the case has been based on a regulation of a department or when a regulation has, in the opinion of the department, bureau, or officer sending the statement, any bearing on the claim, it shall be distinctly quoted at length in the statement. When more than one case or class of cases is pending, the defense of which rests on the same facts, circumstances, and proofs, the department, bureau, or officer may certify and send one statement and it shall be held to apply to all cases as if made out, certified, and sent in each case respectively. “§ 521. Publication and distribution of opinions “The Attorney General, from time to time— “(1) shall cause to be edited, and printed in the Government Printing Office, such of his opinions as he considers valuable for preservation in volumes; and “(2) may prescribe the manner for the distribution of the volumes. Each volume shall contain headnotes, an index, and such footnotes as the Attorney General may approve. “§ 522. Report of business and statistics “The Attorney General, at the beginning of each regular session of Congress, shall report to Congress on the business of the Department of Justice for the last preceding fiscal year, and on any other matters pertaining to the Department that he considers proper, including— “(1) a statement of the several appropriations which are placed under the control of the Department and the amount appropriated ; “(2) the statistics of crime under the laws of the United States; and “(3) a statement of the number of causes involving the United States, civil and criminal, pending during the preceding year in each of the several courts of the United States. “§ 523. Requisitions “The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the General Accounting Office. “§ 524. Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs “Appropriations for the Department of Justice are available for payment of— “(1) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration; and “(2) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. “§ 525. Procurement of law books, reference books, and periodicals; sale and exchange “In the procurement of law books, reference books, and periodicals, the Attorney General may exchange or sell similar items and apply the exchange allowances or proceeds of such sales in whole or in part payment therefor. “§ 526. Authority of Attorney General to investigate United States attorneys and marshals, clerks of court, and others “(a) The Attorney General may investigate the official acts, records, and accounts of— “(1) the United States attorneys and marshals; and “(2) at the request and on behalf of the Director of the Administrative Office of the United States Courts, the clerks of the United States courts and of the district courts of the Canal Zone and the Virgin Islands, probation officers, referees, trustees and receivers in bankruptcy, United States commissioners, and court reporters; for which purpose all the official papers, records, dockets, and accounts of these officers, without exception, may be examined by agents of the Attorney General at any time. “(b) Appropriations for the examination of judicial officers are available for carrying out this section. “CHAPTER 33— FEDERAL BUREAU OF INVESTIGATION “Sec. “531. Federal Bureau of Investigation. “532. Director of Federal Bureau of Investigation. “533. Investigative and other officials; appointment. “534. Acquisition, preservation, and exchange of identification records; appointment of officials. “535. Investigation of crimes involving Government officers and employees; limitations. “536. Positions in excepted service. “537. Expenses of unforeseen emergencies of a confidential nature. “§ 531. Federal Bureau of Investigation “The Federal Bureau of Investigation is in the Department of Justice. “§ 532. Director of the Federal Bureau of Investigation “The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation. “§ 533. Investigative and other officials; appointment “The Attorney General may appoint officials— “(1) to detect and prosecute crimes against the United States; “(2) to assist in the protection of the person of the President; and “(3) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General. This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies. “§ 534. Acquisition, preservation, and exchange of identification records; appointment of officials “(a) The Attorney General shall— “(1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; and “(2) exchange these records with, and for the official use of, authorized officials of the Federal Government, the States, cities, and penal and other institutions. “(b) The exchange of records authorized by subsection (a) (2) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies. “(c) The Attorney General may appoint officials to perform the functions authorized by this section. “§ 535. Investigation of crimes involving Government officers and employees; limitations “(a) The Attorney General and the Federal Bureau of Investigation may investigate any violation of title 18 involving Government officers and employees— “(1) notwithstanding any other provision of law; and “(2) without limiting the authority to investigate any matter which is conferred on them or on a department or agency of the Government. “(b) Any information, allegation, or complaint received in a department or agency of the executive branch of the Government relating to violations of title 18 involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, unless— “(1) the responsibility to perform an investigation with respect thereto is specifically assigned otherwise by another provision of law; or “(2) as to any department or agency of the Government, the Attorney General directs otherwise with respect to a specified class of information, allegation, or complaint. “(c) This section does not limit— “(1) the authority of the military departments to investigate persons or offenses over which the armed forces have jurisdiction under the Uniform Code of Military Justice (chapter 47 of title 10); or “(2) the primary authority of the Postmaster General to investigate postal offenses. “§ 536. Positions in excepted service “All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service. “§ 537. Expenses of unforeseen emergencies of a confidential character “Appropriations for the Federal Bureau of Investigation are available for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent. “CHAPTER 35— UNITED STATES ATTORNEYS “Sec. “541. United States attorneys. “542. Assistant United States attorneys. “543. Special attorneys. “544. Oath of office. “545. Residence. “546. Vacancies. “547. Duties. “548. Salaries. “549. Expenses. “550. Clerical assistants and messengers. “§ 541. United States attorneys “(a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district. “(b) Each United States attorney shall he appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. “(c) Each United States attorney is subject to removal by the President. “§ 542. Assistant United States attorneys “(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires. “(b) Each assistant United States attorney is subject to removal by the Attorney General. “§ 543. Special attorneys “(a) The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires. “(b) Each attorney appointed under this section is subject to removal by the Attorney General. “§ 544. Oath of office “Each United States attorney, assistant United States attorney, and attorney appointed under section 543 of this title, before taking office, shall take an oath to execute faithfully his duties. “§ 545. Residence “(a) Each United States attorney and assistant United States attorney shall reside in the district for which he is appointed, except that these officers of the District of Columbia and the Southern District of New York may reside within 20 miles thereof. “(b) The Attorney General may determine the official stations of United States attorneys and assistant United States attorneys within the districts for which they are appointed. “§ 546. Vacancies “The district court for a district in which the office of United States attorney is vacant may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. “§ 547. Duties “Except as otherwise provided by law, each United States attorney, within his district, shall— “(1) prosecute for all offenses against the United States; “(2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned; “(3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury; “(4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and “(5) make such reports as the Attorney General may direct. “§ 548. Salaries “Subject to sections 5315–5317 of title 5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 543 of this title at rates of compensation not in excess of the highest rate of GS–18 of the General Schedule set forth in section 5332 of title 5. “§ 549. Expenses “Necessary office expenses of United States attorneys shall be allowed when authorized by the Attorney General. “§ 550. Clerical assistants and messengers “The United States attorneys may employ clerical assistants and messengers on approval of the Attorney General. “CHAPTER 37— UNITED STATES MARSHALS “Sec. “561. United States marshals. “562. Deputy marshals and clerical assistants. “563. Oath of office. “564. Bond. “565. Vacancies. “566. Death of a marshal. “567. Expenses of marshals. “568. Availability of appropriations; transfer of prisoners to narcotic farms. “569. Powers and duties generally; supervision by Attorney General. “570. Power as sheriff. “571. Disbursement of salaries and moneys. “572. Collection of fees; accounting. “573. Delivery of prisoners to successor. “574. Delivery of unserved process to successor. “575. Practice of law prohibited. “§ 561. United States marshals “(a) The President shall appoint, by and with the advice and consent of the Senate, a United states marshal for each judicial district. “(b) Each marshal shall be appointed for a term of four years. On expiration of his term, a marshal shall continue to perform the duties of his office until his successor is appointed and qualifies, unless sooner removed by the President. “(c) The Attorney General shall designate places within the district for the official station and offices of each marshal. Each marshal shall reside within the district for which he was appointed, except that the marshal for the District of Columbia and the Southern District of New York may reside within 20 miles thereof. “§ 562. Deputy marshals and clerical assistants “The Attorney General may authorize a United States marshal to appoint deputies and clerical assistants. Each deputy marshal is subject to removal by the marshal pursuant to civil-service regulations. “§ 563. Oath of office “Each United States marshal and deputy marshal before assuming the duties of his office shall take the following oath or affirmation: “ ‘I, _________________, do solemnly swear (or affirm) that I will faithfully execute all lawful precepts directed to the _________________ under the authority of the United States, make true returns, take only lawful fees, and in all things well and truly, and without malice or partiality, perform the duties of the office of _________________ during my continuance in office. So help me God’. “§ 564. Bond “(a) Each United States marshal, including a marshal appointed to serve during a vacancy, shall be bonded in the sum of $20,000 for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies. “(b) The Attorney General may require the United States marshal for the Southern District of New York to be bonded in a sum not exceeding $75,000 and any other United States marshal to be bonded in a sum not exceeding $40,000. “(c) A person injured by a breach of a United States marshal’s bond may sue thereon, in his own name, to recover his damages. Such an action shall be commenced within six years after the right accrues, but a person under legal disability may sue within three years after the removal of his disability. After judgment, the marshal’s bond shall remain as security until the whole penalty has been recovered. “§ 565. Vacancies “The district court for a district in which the office of United States marshal is vacant may appoint a United States marshal to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. “§ 566. Death of a marshal “(a) On the death of a United States marshal, his deputy or deputies shall perform the duties of the deceased marshal in his name until his successor is appointed and qualifies. “(b) The default or misfeasance of a deputy is a breach of the deceased marshal’s bond, and his executor or administrator has like remedies against the deputy for the default or misfeasance as the marshal would have had if he had continued in office. “§ 567. Expenses of marshals “Under regulations prescribed by the Attorney General, each United States marshal shall be allowed— “(1) his actual and necessary office expenses; “(2) the expense of transporting prisoners, including the cost of necessary guards and the travel and subsistence expense of prisoners and guards; and “(3) other necessary expenditures in line of duty, approved by the Attorney General. “§ 568. Availability of appropriations; transfer of prisoners to narcotic farms “Appropriations for salaries and expenses of United States marshals are available for actual and necessary expenses incident to the transfer of prisoners in the custody of the marshals to narcotic farms. “§ 569. Powers and duties generally; supervision by Attorney General “(a) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in his district, and of the Customs Court holding sessions in his district elsewhere than in the Southern and Eastern Districts of New York, and may, in the discretion of the respective courts, be required to attend any session of court. “(b) United States marshals shall execute all lawful writs, process and orders issued under authority of the United States, including those of the courts and Government of the Canal Zone, and command all necessary assistance to execute their duties. “(c) The Attorney General shall supervise and direct United States marshals in the performance of public duties and accounting for public moneys. Each marshal shall report his official proceedings, receipts and disbursements and the condition of his office as the Attorney General directs. “§ 570. Power as sheriff “A United States marshal and his deputies, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof. “§ 571. Disbursement of salaries and moneys “(a) The United States marshals, under regulations prescribed by the Attorney General, shall pay the salaries, office expenses and travel and per diem allowances of United States attorneys, their assistants, clerks and messengers, and of the marshals, their deputies and clerical assistants. “(b) The United States marshals, under regulations prescribed by the Director of the Administrative Office of the United States Courts, shall pay the salaries, office expenses, and travel and per diem allowances of circuit and district judges, clerks of court and their deputies, court reporters, and other personnel of courts within their districts. “(c) On all disbursements made by United States marshals for official salaries or expenses, the certificate of the payee is sufficient without verification on oath. “§ 572. Collection of fees; accounting “(a) Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys. “(b) The marshal’s accounts of fees and costs paid to a witness or juror on certificate of attendance issued as provided by sections 1825 and 1871 of this title may not be reexamined to charge him for an erroneous payment of the fees or costs. “§ 573. Delivery of prisoners to successor “Each United States marshal shall deliver to his successor all prisoners in his custody. “§ 574. Delivery of unserved process to successor “All unserved process remaining in the hands of a United States marshal or his deputies shall be delivered to his successor. When a deputy marshal resigns or is removed, he shall deliver to the marshal all process in his hands. “§ 575. Practice of law prohibited “A United States marshal or deputy marshal may not practice law in any court of the United States”

1 of 1 references resolved to an enrolled provision