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28 U.S.C. § 516 — Conduct of litigation reserved to Department of Justice
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-516-conduct-of-litigation-reserved-to-department-of-justice--65cf1644a0.md
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Source location: Title 28, Chapter 31, § 516; chapter-031-the-attorney-general.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Not later than the first Monday in February of any year following the year in which the term of the President commences under [section 101 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section101&num=0&edition=prelim), the head of each agency shall make available on the public website of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain—
(1) a comprehensive mission statement covering the major functions and operations of the agency;
(2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency;
(3) a description of how any goals and objectives contribute to the Federal Government priority goals required by [section 1120(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1120/a&num=0&edition=prelim);
(4) a description of how the goals and objectives are to be achieved, including—
(A) a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to achieve those goals and objectives; and
(B) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals;
(5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (d);
(6) a description of how the performance goals provided in the plan required by [section 1115(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1115/a&num=0&edition=prelim), including the agency priority goals required by [section 1120(b) of title 31](htt
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 306
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice and of persons not subject to the Uniform Code of Military Justice who are employed by or accompanying the armed forces in an area outside the United States and the territories and possessions of the United States, the Northern Mariana Islands, and the Commonwealth of Puerto Rico. So far as practicable, these regulations shall be uniform for all armed forces.
**(b)** The person on whose behalf a payment is made under this section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under subsection (a).
**(c)** Appropriations available to the military department concerned or the Department of Homeland Security, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1037
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under [section 1037 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1037&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3106
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** States, State educational agencies, schools, and nonprofit institutions participating in programs under this chapter shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this chapter and the regulations hereunder. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of three years, as the Secretary determines is necessary.
**(b)** With regard to any claim arising under this chapter or under the Richard B. Russell National School Lunch Act [[42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.], the Secretary shall have the authority to determine the amount of, to settle and to adjust any such claim, and to compromise or deny such claim or any part thereof. The Secretary shall also have the authority to waive such claims if the Secretary determines that to do so would serve the purposes of either this chapter or the Richard B. Russell National School Lunch Act. Nothing contained in this subsection shall be construed to diminish the authority of the Attorney General of the United States under [section 516 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section516&num=0&edition=prelim) to conduct litigation on behalf of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1785
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Federal law — U.S. Code and appendices · legal_authorities
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 612c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary or a designee of the Secretary shall have the authority to—
(1) determine the amount of, settle, and adjust any claim arising under this chapter; and
(2) waive such a claim if the Secretary determines that to do so will serve the purposes of this chapter.
**(b) Litigation** Nothing contained in this section shall be construed to diminish the authority of the Attorney General of the United States under [section 516 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section516&num=0&edition=prelim) to conduct litigation on behalf of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7516
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Federal law — U.S. Code and appendices · legal_authorities
Page 190
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 515
shall notify the Attorney General, giving all
facts necessary to enable him to furnish proper
professional service in attending the examina-
tion or making the investigation, and the Attor-
ney General shall provide for the service.
(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. 48.
R.S. § 187.
.....................
5 U.S.C. 313.
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.
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 516
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