28 U.S.C. § 518 — Conduct and argument of cases

Page 191 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 519 ney 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 at- tend to any other interest of the United States. (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. 316. R.S. § 367. § 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 conduct and argue suits and appeals in the Supreme Court and suits in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit and in the Court of International Trade in which the United States is interested. (b) When the Attorney General considers it in the interests of the United States, he may per- sonally 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 Gen- eral or any officer of the Department of Justice to do so. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 613; amended Pub. L. 96–417, title V, § 503, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97–164, title I, § 117, Apr. 2, 1982, 96 Stat. 32; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 309. R.S. § 359. The words ‘‘and writs of error’’ are omitted on au- thority of the Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54. The word ‘‘considers’’ is substituted for ‘‘deems’’. Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Subsec. (a). Pub. L. 97–164 substituted ‘‘United States Claims Court or in the United States Court of Appeals for the Federal Circuit’’ for ‘‘Court of Claims’’. 1980—Subsec. (a). Pub. L. 96–417 required the Attorney General and the Solicitor General to conduct and argue suits in the Court of International Trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title. § 519. Supervision of litigation Except as otherwise authorized by law, the At- torney 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 attor- neys, and special attorneys appointed under sec- tion 543 of this title in the discharge of their re- spective duties. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 614.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 28 U.S.C. 507(b). [None]. 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 ‘‘or officer’’ are added for clarity and to align this section with section 516 which is of similar import. The words ‘‘special attorneys appointed under section 543’’ are substituted for ‘‘attorneys appointed under section 543’’ to reflect the revision of this title. Statutory Notes and Related Subsidiaries INTELLIGENCE AND NATIONAL SECURITY ASPECTS OF ESPIONAGE PROSECUTIONS Pub. L. 108–177, title III, § 341(b), Dec. 13, 2003, 117 Stat. 2616, as amended by Pub. L. 108–458, title I, § 1071(g)(3)(A)(v), Dec. 17, 2004, 118 Stat. 3692; Pub. L. 109–177, title V, § 506(a)(9), Mar. 9, 2006, 120 Stat. 248; Pub. L. 115–31, div. N, title IV, § 401(g), May 5, 2017, 131 Stat. 819, provided that: ‘‘The Attorney General, acting through the Assistant Attorney General for National Security, and in consultation with the Director of Na- tional Intelligence, acting through the National Coun- terintelligence and Security Center, shall establish policies and procedures to assist the Attorney General in the consideration of intelligence and national secu- rity-related equities in the development of charging documents and related pleadings in espionage prosecu- tions.’’ USE OF ANNUITY BROKERS IN STRUCTURED SETTLEMENTS Pub. L. 107–273, div. C, title I, § 11015, Nov. 2, 2002, 116 Stat. 1824, provided that: ‘‘(a) ESTABLISHMENT AND TRANSMISSION OF LIST OF APPROVED ANNUITY BROKERS.—Not later than 6 months after the date of enactment of this Act [Nov. 2, 2002], the Attorney General shall establish a list of annuity brokers who meet minimum qualifications for pro- viding annuity brokerage services in connection with structured settlements entered by the United States. This list shall be updated upon request by any annuity broker that meets the minimum qualifications for in- clusion on the list. The Attorney General shall trans- mit such list, and any updates to such list, to all United States Attorneys. ‘‘(b) AUTHORITY TO SELECT ANNUITY BROKER FOR STRUCTURED SETTLEMENTS.—In any structured settle- ment that is not negotiated exclusively through the Civil Division of the Department of Justice, the United States Attorney (or his designee) involved in any set- tlement negotiations shall have the exclusive author- ity to select an annuity broker from the list of such brokers established by the Attorney General, provided