With limited exceptions, the Department has long placed authority to determine the form and substance of civil resolutions with state and local governmental entities in the heads of litigating components and United States Attorneys. It has done so because they are the Department officials most familiar with and best able to assess each particular case.

In keeping with longstanding regulations, protocols, and practices, the relevant Assistant Attorney General will generally handle such approvals. See, e.g., 28 C.F.R. §§ 0.160(a), 0.50(a), and 0.65(a); JM 5-1.300 and 8-2.100. That approval authority may be delegated to the United States Attorneys, generally on a case-by-case basis. See, e.g., JM 5-1.322; see also Memorandum from the Assistant Attorney General, Proposed Authorization of Case by Case Redelegation of Civil Civil Rights Matters to United States Attorney’s Offices (July 19, 2013).

Also pursuant to Department regulations, however, a settlement agreement or consent decree with a state or local governmental entity must be referred to the Deputy Attorney General or the Associate Attorney General if the component head “is of the opinion that[,] because of a question of law or policy presented . . . or for any other reason, the proposed [resolution] should receive the personal attention of the Deputy Attorney General or the Associate Attorney General, as appropriate.” 28 C.F.R. § 0.160(d)(2). In addition, care should be taken to comply with the notification requirements set forth in JM 1-14.000, which requires advance notice to the Deputy Attorney General for certain affirmative civil resolutions that meet specified significance thresholds. See JM 1-14.000 et seq.

[added January 2023]