28 USC § 515 - Authority for legal proceedings; commission, oath, and salary for special attorneys | Title 28 - Judiciary and Judicial Procedure | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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.

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(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.

Source

(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.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(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.

Amendments

2002—Subsec. (b). Pub. L. 107–273struck out “at not more than $12,000” before period at end.

Change of Name

Words “magistrate judges” substituted for “magistrates” in subsec. (a) pursuant to section 321 ofPub. L. 101–650, set out as a note under section 631 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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28 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

2 CFR - Title 2—Grants and Agreements

2 CFR Part 2867 - NONPROCUREMENT DEBARMENT AND SUSPENSION

28 CFR - Judicial Administration

28 CFR 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE

28 CFR 9 - REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES

28 CFR Part 17 - CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION

28 CFR Part 27 - WHISTLEBLOWER PROTECTION FOR FEDERAL BUREAU OF INVESTIGATION EMPLOYEES

28 CFR Part 600 - GENERAL POWERS OF SPECIAL COUNSEL

28 CFR Part 601 - JURISDICTION OF THE INDEPENDENT COUNSEL: IRAN/CONTRA

28 CFR Part 602 - JURISDICTION OF THE INDEPENDENT COUNSEL: IN RE FRANKLYN C. NOFZIGER

32 CFR - Title 32—National Defense

32 CFR Part 516 - LITIGATION

28 USC § 515 - Authority for legal proceedings; commission, oath, and salary for special attorneys

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