28 U.S.C. § 514 — Legal services on pending claims in depart-

Page 189 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 514 Department of Justice with responsibility for the enforcement of laws against suspected par- ticipants in serious human rights offenses. (b) The section established under subsection (a) is authorized to— (1) take appropriate legal action against in- dividuals suspected of participating in serious human rights offenses; and (2) coordinate any such legal action with the United States Attorney for the relevant juris- diction. (c) The Attorney General shall, as appropriate, consult with the Secretary of Homeland Secu- rity and the Secretary of State. (d) In determining the appropriate legal action to take against individuals who are suspected of committing serious human rights offenses under Federal law, the section shall take into consid- eration the availability of criminal prosecution under the laws of the United States for such of- fenses or in a foreign jurisdiction that is pre- pared to undertake a prosecution for the con- duct that forms the basis for such offenses. (e) The term ‘‘serious human rights offenses’’ includes violations of Federal criminal laws re- lating to genocide, torture, war crimes, and the use or recruitment of child soldiers under sec- tions 1091, 2340, 2340A, 2441, and 2442 of title 18, United States Code. (Added Pub. L. 111–122, § 2(b), Dec. 22, 2009, 123 Stat. 3480.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Human Rights En- forcement Act of 2009, referred to in subsec. (a), is the date of enactment of Pub. L. 111–122, which was ap- proved Dec. 22, 2009. § 510. Delegation of authority The Attorney General may from time to time make such provisions as he considers appro- priate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney Gen- eral. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 2, eff. May 24, 1950, 64 Stat. 1261. The words ‘‘including any function transferred to the Attorney General by the provisions of this reorganiza- tion plan’’ are omitted as executed and unnecessary as the words ‘‘any function of the Attorney General’’ in- clude the functions transferred to the Attorney General by 1950 Reorg. Plan. No. 2. Editorial Notes PRIOR PROVISIONS A prior section 510, act June 25, 1948, ch. 646, 62 Stat. 910, related to clerical assistants and messengers for United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 550 of this title by section 4(c) of Pub. L. 89–554. § 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. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 303. R.S. § 354. Feb. 27, 1877, ch. 69, § 1 (8th full par. on p. 241), 19 Stat. 241. § 512. Attorney General to advise heads of execu- tive departments The head of an executive department may re- quire the opinion of the Attorney General on questions of law arising in the administration of his department. (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. 304. R.S. § 356. § 513. Attorney General to advise Secretaries of military departments When a question of law arises in the adminis- tration of the Department of the Army, the De- partment 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 mili- tary department shall send it to the Attorney General for disposition. (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. 307. R.S. § 357. The Department of War was designated the Depart- ment of the Army by the Act of July 26, 1947, ch. 343, § 205, 61 Stat. 501. ‘‘Department of the Air Force’’ is added on authority of the Act of July 26, 1947, ch. 343, § 207(a), (f), 61 Stat. 502. The word ‘‘Secretary’’ is sub- stituted for ‘‘head.’’ The words ‘‘military department’’ are substituted for ‘‘department’’ to conform to section 102 of title 5, United States Code, and section 101 of title 10, United States Code. The words ‘‘for disposi- tion’’ are substituted for ‘‘to be by him referred to the proper officer in his department, or otherwise disposed of as he may deem proper.’’ § 514. Legal services on pending claims in depart- ments 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 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. 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. June 30, 1906, ch. 3935, 34 Stat. 816. (b) ................ 5 U.S.C. 315. R.S. § 366. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large Apr. 17, 1930, ch. 174, 46 Stat. 170. June 25, 1948, ch. 646, § 3, 62 Stat. 985. ..................... [Uncodified]. Aug. 5, 1953, ch. 328, § 202 (1st and 2d provisos, as applica- ble to special assistants and special attorneys), 67 Stat. 375. ..................... [Uncodified]. 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. Editorial Notes AMENDMENTS 2002—Subsec. (b). Pub. L. 107–273 struck out ‘‘at not more than $12,000’’ before period at end. Statutory Notes and Related Subsidiaries 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-