Title 28Judiciary and Judicial ProcedureRelease 119-73

§514 Legal services on pending claims in departments and agencies

Title 28 › Part PART II— - DEPARTMENT OF JUSTICE › Chapter CHAPTER 31— - THE ATTORNEY GENERAL › § 514

Last updated Apr 6, 2026|Official source

Summary

Department or agency heads must ask the Attorney General for a lawyer and give the facts needed whenever they want one to question a witness or investigate a claim. The Attorney General must provide the lawyer.

Full Legal Text

Title 28, §514

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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 shall notify the Attorney General, giving all facts necessary to enable him to furnish proper professional service in attending the examination or making the investigation, and the Attorney General shall provide for the service.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 48.R.S. § 187. 5 U.S.C. 313.R.S. § 364. section 187 and 364 of the Revised Statutes are combined 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 “bureau” 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as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 514

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73