Appointment of Uncompensated Special Attorneys Under 28 U.S.C. § 515

The proposal of two components of the Department of Justice to hire a modest number of uncompensated litigation attorneys would not violate the Antideficiency Act (1) because the services would be provided by a person acting in an official capacity under a regular appointment and (2) because 28 U.S.C. § 515 authorizes the Attorney General to appoint special attorneys to perform these services and does not specify a minimum salary.

The Department and the special attorneys should enter into agreements acknowledging that the special attorneys will not receive compensation for their services.