1-1.000 - Introduction
1-1.100 | Purpose |
1-1.200 | Authority |
1-1.300 | Revisions |
1-1.100 - Purpose
The Justice Manual publicly sets forth internal Department of Justice (DOJ) policies and procedures.
1-1.200 - Authority
The Justice Manual is prepared under the supervision of the Attorney General and direction of the Deputy Attorney General. The Deputy Attorney General has delegated authority to the Justice Manual’s Editor-in-Chief to authorize changes to the Justice Manual. The Justice Manual’s Managing Editor oversees coordination of the revision of the Justice Manual under the direction of the Editor-in-Chief.
When the Justice Manual conflicts with earlier DOJ statements of policy or procedure, the Justice Manual controls. Any questions about the controlling internal policy or procedure should be directed to the Office of the Deputy Attorney General.
The Justice Manual provides internal DOJ guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal. Nor are any limitations hereby placed on otherwise lawful litigation prerogatives of DOJ.
1-1.300 - Revisions
The Justice Manual contains internal Department guidance that has been adopted through a policy-development process. This provision explains how the Justice Manual is revised to reflect the policy changes adopted through that process.
A. Editors
The Principal Associate Deputy Attorney General, or other senior leadership official selected by the Deputy Attorney General, shall serve as the Editor-in-Chief of the Justice Manual. The Editor-in-Chief shall review all substantive changes to the Justice Manual. Substantive changes to the Justice Manual require the approval of the Editor-in-Chief.
An attorney in the Office of the Deputy Attorney General selected by the Deputy Attorney General shall serve as the Managing Editor. The Managing Editor shall chair the Justice Manual’s Board of Editors, oversee coordination of revisions to the Justice Manual, and may approve any non-substantive, clerical changes to the Justice Manual.
The Justice Manual Board of Editors, chaired by the Managing Editor, shall comprise approximately 20 officials, including at least one senior attorney from each of the following components and organizations: the Office of the Associate Attorney General, the Antitrust Division, the Civil Division, the Civil Rights Division, the Criminal Division, the Environment and Natural Resources Division, the Executive Office for U.S. Attorneys, the Justice Management Division’s Office of General Counsel, the National Security Division, and the Tax Division, as well as the U.S. Attorneys’ Offices’ Appellate Chiefs Working Group, Civil Chiefs Working Group, and Criminal Chiefs Working Group. Additional components may submit requests to join the Board to the Managing Editor. At the request of the Managing Editor, the Board will review and provide feedback, as warranted, on proposed changes to the Justice Manual or perform other tasks related to the Justice Manual’s substance, review, and revision.
B. Revision Process
1. Substantive Revisions Directed by a Department Leadership Principal
The Attorney General or the Deputy Attorney General, or the Associate Attorney General with the concurrence of the Attorney General or the Deputy Attorney General, may direct changes to the Justice Manual. The Managing Editor shall oversee implementation of the changes, which generally will include review by the Board of Editors before final approval by the Editor-in-Chief.
2. Substantive Revisions Requested by a Component Head
The head of any component, or their designee, may request substantive changes to the Justice Manual by providing a proposal to the Managing Editor. The proposal should include the proposed revision as well as a memorandum that provides: (i) a summary of the proposed revision; (ii) an explanation of the reason for the revision; and (iii) a description of any policy-development process that led to the proposed revision and the involvement of any Department leadership office and other potentially affected component in that process.
The Managing Editor shall review the proposal and consult with the Editor-in-Chief and other Department officials, as appropriate, to determine whether additional policy development is required. If so, the Managing Editor will so inform the proposal sponsor and return the proposal for completion of that process. If not, the Managing Editor will submit the proposal to the Justice Manual Board of Editors for review and comment. Absent exigent circumstances, the Managing Editor shall endeavor to provide at least two weeks for consideration of proposed substantive changes to the Justice Manual by the Board of Editors.
The Managing Editor shall oversee any additional revisions to the proposal and shall submit the proposal to the Editor-in-Chief at the conclusion of the review process. Upon the Editor-in-Chief’s approval of the proposed change to the Justice Manual, the Managing Editor shall oversee implementation of that change and publication of the revised Justice Manual provision online.
3. Substantive Revisions Initiated by the Editor-in-Chief or Managing Editor
The Editor-in-Chief or the Managing Editor may initiate proposed changes to the Justice Manual. The Managing Editor, in consultation with the Editor-in-Chief and other Department officials, as appropriate, will assign drafting responsibilities and determine what policy development is required. Once drafting of the change is complete, and the Managing Editor determines that no further policy development is required, the Managing Editor will submit the proposal to the Justice Manual Board of Editors for review and comment. Board review, additional proposal revision, and Editor-in-Chief approval shall follow the same process described in Part B.2, above.
4. Non-Substantive Changes
Non-substantive, clerical changes to the Justice Manual do not require review by the Board of Editors before incorporation. Such changes should be shared with the Managing Editor, who may approve and oversee implementation of such changes.