38 U.S. Code § 3730 - Use of attorneys in court

(a) The Secretary shall authorize attorneys employed by the Department of Veterans Affairs to exercise the right of the United States to bring suit in court to foreclose a loan made or acquired by the Secretary under this chapter and to recover possession of any property acquired by the Secretary under this chapter. The Secretary may acquire the services of attorneys, other than those who are employees of the Department of Veterans Affairs, to exercise that right. The activities of attorneys in bringing suit under this section shall be subject to the direction and supervision of the Attorney General and to such terms and conditions as the Attorney General may prescribe.
(b) Nothing in this section derogates from the authority of the Attorney General under sections 516 and 519 of title 28 to direct and supervise all litigation to which the United States or an agency or officer of the United States is a party.

Source

(Added Pub. L. 98–369, div. B, title V, § 2512(b)(1),July 18, 1984, 98 Stat. 1120, § 1830; amended Pub. L. 99–576, title IV, § 406,Oct. 28, 1986, 100 Stat. 3282; Pub. L. 101–237, title III, § 313(b)(1), (2),Dec. 18, 1989, 103 Stat. 2077; renumbered § 3730,Pub. L. 102–83, § 5(a),Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–368, title X, § 1005(b)(12),Nov. 11, 1998, 112 Stat. 3365.)
Amendments

1998—Subsec. (a). Pub. L. 105–368substituted “The Secretary shall” for “Within 180 days after the date of the enactment of this section, the Secretary shall take appropriate steps to”.
1991—Pub. L. 102–83renumbered section 1830 of this title as this section.
1989—Subsec. (a). Pub. L. 101–237substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.
1986—Subsec. (a). Pub. L. 99–576substituted “The” for “With the concurrence of the Attorney General of the United States, the” in second sentence.
Effective Date

Pub. L. 98–369, div. B, title V, § 2512(c)(3),July 18, 1984, 98 Stat. 1120, provided that: “The amendments made by subsection (b) [enacting this section] shall take effect on the date of the enactment of this Act [July 18, 1984].”

 

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