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5 U.S.C. § 3106 — Employment of attorneys; restrictions
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).
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Source file: Laws/federal/codes/united-states-code/title-5/section-3106-employment-of-attorneys-restrictions--0c985a098a.md
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Source location: Title 5, Chapter 31, § 3106; chapter-031-authority-for-employment.md
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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).
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 516
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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
**(a) In General.—** The head of each agency shall designate the head of any statistical agency or unit within the agency, or in the case of an agency that does not have a statistical agency or unit, any senior agency official with appropriate expertise, as a statistical official to advise on statistical policy, techniques, and procedures. Agency officials engaged in statistical activities may consult with any such statistical official as necessary.
**(b) Membership on Interagency Council on Statistical Policy.—** Each statistical official designated under subsection (a) shall serve as a member of the Interagency Council on Statistical Policy established under [section 3504(e)(8) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3504/e/8&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 314
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of State may, without regard to [section 3106 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3106&num=0&edition=prelim), authorize a principal officer of the Foreign Service to procure legal services whenever such services are required for the protection of the interests of the Government or to enable a member of the Service to carry on the member’s work efficiently.
**(b)** The authority available to the Secretary of State under this section shall be available to the Broadcasting Board of Governors,11 So in original. The comma probably should not appear. and the Administrator of the Agency for International Development with respect to the Board and the Agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2698
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Federal law — U.S. Code and appendices · legal_authorities
Page 338
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3106
Statutory Notes and Related Subsidiaries
HEARING EXAMINERS APPOINTED FOR INDIAN PROBATE
WORK
Hearing examiners appointed for Indian probate work
pursuant to former section 372–1 of Title 25, Indians,
having met qualifications required for appointment
pursuant to this section, deemed to have been ap-
pointed pursuant to this section, see section 12(b) of
Pub. L. 101–301, set out as a Savings Provision note
under former section 372–1 of Title 25.
REFERENCES TO HEARING EXAMINER DEEMED
REFERENCES TO ADMINISTRATIVE LAW JUDGE
Pub. L. 95–251, § 3, Mar. 27, 1978, 92 Stat. 184, provided
that: ‘‘Any reference in any law, regulation, or order to
a hearing examiner appointed under section 3105 of title
5, United States Code, shall be deemed to be a reference
to an administrative law judge.’’
Executive Documents
HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF
AGRICULTURE
Functions vested by section 551 et seq. of this title in
hearing examiners employed by Department of Agri-
culture not included in functions of officers, agencies,
and employees of that Department transferred to Sec-
retary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff.
June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Ap-
pendix to this title.
HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF
COMMERCE
Functions vested by section 551 et seq. of this title in
hearing examiners employed by Department of Com-
merce not included in functions of officers, agencies,
and employees of that Department transferred to Sec-
retary of Commerce by 1950 Reorg. Plan No. 5, § 1, eff.
May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the
Appendix to this title.
HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF
THE INTERIOR
Functions vested by
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3106
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