dreamproit/uscode huggingface dataset:
28 U.S.C. § 515 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 515. Authority for legal proceedings; commission, 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 committing 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 authority of the Department of Justice shall be commissioned as special assistant to the Attorney General or special attorney, and shall take the oath required by law. Foreign counsel employed in special cases are not required to take the oath. The Attorney General shall fix the annual salary of a special assistant or special attorney.
(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.)
text: Historical and Revision Notes
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(a)
5 U.S.C. 310.
June 30, 1906, ch. 3935, 34 Stat. 816.
(b)
5 U.S.C. 315.
R.S. § 366.
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 applicable to special assistants and special attorneys), 67 Stat. 375.
[Uncodified].
July 2, 1954, ch. 456, § 202 (as applicable to special assistants and special attorneys), 68 Stat. 421.
In subsection (a), the words “or counselor” are omitted 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.
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–273 struck out “at not more than $12,000” before period at end.
heading: Change of Name
text: Words “magistrate judges” substituted for “magistrates” in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
28 U.S.C. § 516 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 516. Conduct of litigation reserved to Department 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 interested, and securing evidence therefor, is reserved 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.)
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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.
28 U.S.C. § 517 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 517. Interests of United States in pending suits
The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney 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 attend to any other interest of the United States.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)
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5 U.S.C. 316.
R.S. § 367.
28 U.S.C. § 518 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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 personally 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 General 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.)
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5 U.S.C. 309.
R.S. § 359.
The words “and writs of error” are omitted on authority of the Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54. The word “considers” is substituted for “deems”.
heading: Amendments
text: 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.
heading: Effective Date of 1992 Amendment
text: 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.
heading: Effective Date of 1982 Amendment
text: 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.
heading: Effective Date of 1980 Amendment
text: 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.
28 U.S.C. § 521 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 521. Publication and distribution of opinions
The Attorney General, from time to time—
(1) shall cause to be edited, and printed in the Government Printing Office, such of his opinions as he considers valuable for preservation in volumes; and
(2) may prescribe the manner for the distribution of the volumes.
Each volume shall contain headnotes, an index, and such footnotes as the Attorney General may approve.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 614.)
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5 U.S.C. 305 (1st sentence, as applicable to the Attorney General; 2d and 3d sentences).
R.S. § 383 (1st sentence, as applicable to the Attorney General; 2d and 3d sentences).
Section 188 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.
The words “his opinions” are substituted for “the opinions of the law officers herein authorized to be given” as the opinions of the Attorney General are his and only his and the reference to other “law officers” is misleading. All functions of all other officers of the Department of Justice were transferred to the Attorney General by 1950 Reorg. Plan No. 2, § 1, eff. May 14, 1950, 64 Stat. 1261. The word “considers” is substituted for “may deem”.
In the last sentence, the words “proper” and “complete and full” are omitted as unnecessary.
28 U.S.C. § 523 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 523. Requisitions
The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the Government Accountability Office.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
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5 U.S.C. 319.
R.S. § 369.
The words “General Accounting Office” are substituted for “First Auditor or First Comptroller of the Treasury” on authority of the Act of June 10, 1921, ch. 18, § 304, 42 Stat. 24.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
28 U.S.C. § 525 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 525. Procurement of law books, reference books, and periodicals; sale and exchange
In the procurement of law books, reference books, and periodicals, the Attorney General may exchange or sell similar items and apply the exchange allowances or proceeds of such sales in whole or in part payment therefor.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 615.)
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5 U.S.C. 341e.
July 28, 1950, ch. 503, § 3, 64 Stat. 380.
The words “Attorney General” are substituted for “Department of Justice”.
28 U.S.C. § 528 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 528. Disqualification of officers and employees of the Department of Justice
The Attorney General shall promulgate rules and regulations which require the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorney’s staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office.
(Added Pub. L. 95–521, title VI, § 603(a), Oct. 26, 1978, 92 Stat. 1874.)
heading: Effective Date
text: Section effective Oct. 26, 1978, see section 604 of Pub. L. 95–521, set out as a note under section 591 of this title.
28 U.S.C. § 530 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 530. Payment of travel and transportation expenses of newly appointed special agents
The Attorney General or the Attorney General’s designee is authorized to pay the travel expenses of newly appointed special agents and the transportation expenses of their families and household goods and personal effects from place of residence at time of selection to the first duty station, to the extent such payments are authorized by section 5723 of title 5 for new appointees who may receive payments under that section.
(Added Pub. L. 98–86, § 1, Aug. 26, 1983, 97 Stat. 492.)
28 U.S.C. § 530A (JUDICIARY AND JUDICIAL PROCEDURE)
§ 530A. Authorization of appropriations for travel and related expenses and for health care of personnel serving abroad
There are authorized to be used from appropriations, for any fiscal year, for the Department of Justice, such sums as may be necessary—
(1) for travel and related expenses of employees of the Department of Justice serving abroad and their families, to be payable in the same manner as applicable with respect to the Foreign Service under paragraphs (2), (3), (5), (6), (8), (9), (11), and (15) of section 901 of the Foreign Service Act of 1980, and under the regulations issued by the Secretary of State; and
(2) for health care for such employees and families, to be provided under section 904 of that Act.
(Added Pub. L. 100–690, title VI, § 6281(a), Nov. 18, 1988, 102 Stat. 4368; amended Pub. L. 112–55, div. B, title II, § 218, Nov. 18, 2011, 125 Stat. 621.)
heading: References in Text
text: Sections 901 and 904 of the Foreign Service Act of 1980, referred to in pars. (1) and (2), are classified to sections 4081 and 4084, respectively, of Title 22, Foreign Relations and Intercourse.
heading: Amendments
text: 2011—Pub. L. 112–55 substituted “used from appropriations” for “appropriated” in introductory provisions and inserted “(2),” before “(3)” in par. (1).
28 U.S.C. § 530B (JUDICIARY AND JUDICIAL PROCEDURE)
§ 530B. Ethical standards for attorneys for the Government
(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and in the same manner as other attorneys in that State.
(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section.
(c) As used in this section, the term “attorney for the Government” includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations and also includes any independent counsel, or employee of such a counsel, appointed under chapter 40.
(Added Pub. L. 105–277, div. A, § 101(b) [title VIII, § 801(a)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–118.)
heading: Effective Date
text: Pub. L. 105–277, div. A, § 101(b) [title VIII, § 801(c)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–119, provided that: “The amendments made by this section [enacting this section] shall take effect 180 days after the date of the enactment of this Act [Oct. 21, 1998] and shall apply during that portion of fiscal year 1999 that follows that taking effect, and in each succeeding fiscal year.”
28 U.S.C. § 535 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 535. Investigation of crimes involving Government officers and employees; limitations
(a) The Attorney General and the Federal Bureau of Investigation may investigate any violation of Federal criminal law involving Government officers and employees—
(1) notwithstanding any other provision of law; and
(2) without limiting the authority to investigate any matter which is conferred on them or on a department or agency of the Government.
(b) Any information, allegation, matter, or complaint witnessed, discovered, or received in a department or agency of the executive branch of the Government relating to violations of Federal criminal law involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, or the witness, discoverer, or recipient, as appropriate, unless—
(1) the responsibility to perform an investigation with respect thereto is specifically assigned otherwise by another provision of law; or
(2) as to any department or agency of the Government, the Attorney General directs otherwise with respect to a specified class of information, allegation, or complaint.
(c) This section does not limit—
(1) the authority of the military departments to investigate persons or offenses over which the armed forces have jurisdiction under the Uniform Code of Military Justice (chapter 47 of title 10); or
(2) the primary authority of the Postmaster General to investigate postal offenses.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 616; amended Pub. L. 107–273, div. A, title II, § 206, Nov. 2, 2002, 116 Stat. 1779.)
text: Historical and Revision Notes
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5 U.S.C. 311a.
Aug. 31, 1954, ch. 1143, § 1, 68 Stat. 998.
The section is reorganized for clarity and continuity.
In subsection (a), the word “may” is substituted for “shall have authority”. The word “is” is substituted for “may have been or may hereafter be”.
In subsection (c), the words “This section does not limit” are substituted for “that the provisions of this section shall not limit, in any way”. The words “(chapter 47 of title 10)” are added after “Uniform Code of Military Justice” to reflect the codification of that Code in title 10, United States Code.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–273 substituted “Federal criminal law” for “title 18” in introductory provisions.
Subsec. (b). Pub. L. 107–273, in introductory provisions, substituted “matter, or complaint witnessed, discovered, or” for “or complaint” and “Federal criminal law” for “title 18” and inserted “or the witness, discoverer, or recipient, as appropriate,” after “agency,”.
heading: Transfer of Functions
text: Office of Postmaster General of Post Office Department abolished and all functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service.
28 U.S.C. § 536 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 536. Positions in excepted service
All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 617.)
text: Historical and Revision Notes
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5 U.S.C. 300d.
Aug. 31, 1964, Pub. L. 88–527, § 201 (2nd par. under “Federal Bureau of Investigation”), 78 Stat. 718.
5 U.S.C. 341c (last sentence).
July 28, 1950, ch. 503, § 5 (last sentence), 4 Stat. 380.
The section is revised and restated to eliminate ambiguity and give true effect to the prohibition against the use of appropriations to the Federal Bureau of Investigation. The language used to define the excepted status of the positions, officers, and employees is based on revised sections 2102 and 2103 of title 5, United States Code.
The provisions of this section were made permanent by the Act of July 28, 1950, 64 Stat. 380. Identical provisions appearing in former section 300d of title 5 are derived from the Department of Justice Appropriation Act, 1965, and earlier appropriation Acts for the Department of Justice running back to 1942, which Acts are identified in a note under former section 300d of title 5, U.S.C. 1964 ed.
28 U.S.C. § 537 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 537. Expenses of unforeseen emergencies of a confidential character
Appropriations for the Federal Bureau of Investigation are available for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 617.)
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5 U.S.C. 341c (less last sentence).
July 28, 1950, ch. 503, § 5 (less last sentence), 64 Stat. 380.
The section is revised and reorganized for clarity. The words “now or hereafter provided” are omitted as unnecessary. The words “for expenses of membership in the International Commission of Criminal Police and” are omitted as obsolete. The Act of Aug. 27, 1958, Pub. L. 85–768, 72 Stat. 921 (22 U.S.C. 263a) authorizes the Attorney General to accept and maintain, on behalf of the United States, membership in the International Criminal Police Organization, and to designate any departments and agencies which may participate in the United States representation with that organization; and authorizes each participating department and agency to pay its pro rata share, as determined by the Attorney General, of the expenses of such membership. The word “spent” is substituted for “expended”. The words “certify the amount spent that he considers” are substituted for “make a certificate of the amount of any such expenditure as he may think it”. The words “his certification is a sufficient voucher” are substituted for “and every such certificate shall be deemed a sufficient voucher”.
28 U.S.C. § 539 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 539. Counterintelligence official reception and representation expenses
The Director of the Federal Bureau of Investigation may use funds available to the Federal Bureau of Investigation for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for consultation on counterintelligence matters.
(Added Pub. L. 99–569, title IV, § 401(a), Oct. 27, 1986, 100 Stat. 3195.)
28 U.S.C. § 540 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 540. Investigation of felonious killings of State or local law enforcement officers
The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investigation, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or employee killed, and under such guidelines as the Attorney General or his designee may establish.
(Added Pub. L. 100–690, title VII, § 7331(a), Nov. 18, 1988, 102 Stat. 4468.)
28 U.S.C. § 540A (JUDICIARY AND JUDICIAL PROCEDURE)
§ 540A. Investigation of violent crimes against travelers
(a) In General.—
At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General and Director of the Federal Bureau of Investigation may assist in the investigation of a felony crime of violence in violation of the law of any State in which the victim appears to have been selected because he or she is a traveler.
(b) Foreign Travelers.—
In a case in which the traveler who is a victim of a crime described in subsection (a) is from a foreign nation, the Attorney General and Director of the Federal Bureau of Investigation, and, when appropriate, the Secretary of State shall assist the prosecuting and law enforcement officials of a State or political subdivision to the fullest extent possible in securing from abroad such evidence or other information as may be needed for the effective investigation and prosecution of the crime.
(c) Definitions.—
In this section—
(1) “felony crime of violence” means an offense punishable by more than one year in prison that has as an element the use, attempted use, or threatened use of physical force against the person of another.
(2) “State” means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(3) “traveler” means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred.
(Added Pub. L. 103–322, title XXXII, § 320916(a), Sept. 13, 1994, 108 Stat. 2129; amended Pub. L. 104–294, title VI, § 604(b)(21), Oct. 11, 1996, 110 Stat. 3507.)
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–294 designated three undesignated pars. as pars. (1) to (3).
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.