republic-os/legal/us/code/title-05/chapter-31/section-3106.md

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LegalText	5 U.S.C. § 3106	Employment of attorneys; restrictions	us	united_states_code	code_section	5	GOVERNMENT ORGANIZATION AND EMPLOYEES	31	AUTHORITY FOR EMPLOYMENT	3106	5 U.S.C. § 3106	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip	/us/usc/t5/s3106	data/legal/raw/us/code/title-05/usc05.xml	51dc1d2dfa363291bd2e2691f79827d1f2323911cb9d6a304a8741bae3518b9d	719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540	6e6234f15ad8b5836abdc3f52f85ce578ec25cdf7427901e19a4d5c98c1433e3	2026-07-04	official	legal us-code

5 U.S.C. § 3106 - Employment of attorneys; restrictions

Text

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.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 49.R.S. § 189.Sept. 2, 1958, Pub. L. 85–861, § 7(a), 72 Stat. 1555.  5 U.S.C. 314.R.S. § 365.Sept. 2, 1958, Pub. L. 85–861, § 7(b), 72 Stat. 1555. Sections 189 and 365 of the Revised Statutes, as amended, are combined and the section is revised to express the effect of the law since department heads have long employed, with the approval of Congress, attorneys to advise them in the conduct of their official duties. The law which concentrates the authority for the conduct of litigation in the Department of Justice is codified in section 516 of title 28 by this bill. The words “Executive department” are substituted for “department” as the definition of “department” applicable to R.S. § 189 is coextensive with the definition of “Executive department” in section 101. The words “or military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. R.S. § 189 was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 1, 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. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.