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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 516 Conduct of litigation reserved to Department of Justice us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 31 THE ATTORNEY GENERAL 516 28 U.S.C. § 516 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s516 data/legal/raw/us/code/title-28/usc28.xml ce8e239f37e203a79a2d43fb965cc10be6811547ec04d1551d7ba789b4beeb0f 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf ecf34423b4e2b351e729301001e6f9a01824a61658e6efdc38b1bd8f0ed966bb 2026-07-04 official
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28 U.S.C. § 516 - Conduct of litigation reserved to Department of Justice

Text

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.

(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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 conduct 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 section 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.