The responsibility of the Attorney General for civil litigation which has been delegated to the Assistant Attorney General for the Civil Division (JM 4-1.200), has in a great many instances been redelegated to the United States Attorneys (28 C.F.R. § 0.168). Civil Directive No. 1-15, published in the Appendix to Subpart Y immediately following 28 C.F.R. § 0.172, presently details this redelegation of authority to United States Attorneys, 80 Fed. Reg.31998 (2015)). Where authority for direct handling has been redelegated to the United States Attorneys, they are generally authorized to take all necessary steps to protect the interests of the United States without prior approval of the Assistant Attorney General, Civil Division, or his/her representative (see Directive 1-15§§ 1(e) 4(a) and 4(b)), except as may otherwise be specified in a redelegation letter or as provided in Directive 1-15, §§ 4(a) and 4(b). Compromise or closing of such redelegated cases is handled as set forth in JM 4-3.000.

A great number of matters not specifically delegated to the United States Attorneys will, in fact, be handled in the field by the United States Attorney's Office (USAO) under the supervision of the Assistant Attorney General of the Civil Division. Liaison between the United States Attorneys and the Civil Division on such cases is discussed at JM 4-1.513. If an agency makes an emergency referral or request as to the nondelegated case to the USAO, and the United States Attorney is satisfied that the requested action is proper but time does not permit contact with the Civil Division, protective action should be taken by the United States Attorney. See JM 4-1.514.

[updated April 2018]