1-1.000 INTRODUCTION
1-1.100 PURPOSE OF THE MANUAL
October 1, 1988
The United States Attorneys' Manual is a looseleaf text designed as a
quick and ready reference for U.S. Attorneys, Assistant U.S. Attorneys,
and Department attorneys responsible for the prosecution of violations
of federal law. It contains general policies and procedures relevant to
the work of the U.S. Attorneys' offices and to their relations with the
legal divisions, investigative agencies, and other components within the
Department of Justice.
The Manual provides only internal Department of Justice Justice
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 litigative
prerogatives of the Department of Justice.
1-1.000 INTRODUCTION
1-1.200 AUTHORITY OF THE MANUAL
October 1, 1988
The United States Attorneys' Manual was prepared under the general
supervision of the Attorney General and under the direction of the
Deputy Attorney General, by the United States Attorneys, represented by
the Attorney General's Advisory Committee of U.S. Attorneys, the
Litigating Divisions, the Executive Office for U.S. Attorneys, and the
Justice Management Division. See A.G. Order 665-76. The Executive
Office for U.S. Attorneys coordinates the periodic revision of the
Manual in consultation with the Attorney General, Deputy Attorney
General and Associate Attorney General.
This Manual is intended to be comprehensive. When the contents of this
Manual conflicts with earlier Department statements, except for Attorney
General's statements, the Manual will control. Should a situation arise
in which a Department policy statement predating the Manual relates to a
subject not addressed in the Manual, the prior statement controls, but
this situation should be brought to the attention of the Executive
Office for U.S. Attorneys, Manual Staff, PAT Building, Rm. 6419, 601 D
Street, N.W., Washington, D.C. 20530.
For the relationship between this Manual and Department communications
issued after its publication, see USAM 1-1.510.
1-1.000 INTRODUCTION
1-1.300 ORGANIZATION OF THE MANUAL
October 1, 1988
1-1.000 INTRODUCTION
1-1.310 Titles
October 1, 1988
The Manual is divided into nine (9) distinct titles:
GENERAL Title 1
APPEALS Title 2
EXECUTIVE OFFICE FOR Title 3
UNITED STATES ATTORNEYS
CIVIL Title 4
LAND AND NATURAL RESOURCES Title 5
TAX Title 6
ANTITRUST Title 7
CIVIL RIGHTS Title 8
CRIMINAL Title 9
Each title has both a name and number to identify it and includes a
table of contents, a prior approval section, a cross-reference table to
the U.S. Code, a cross reference table to the Code of Federal
Regulations, and an individual index.
A comprehensive prior approval listing, U.S.C. Table, C.F.R. Table and
general index are also included.
1-1.000 INTRODUCTION
1-1.320 Volumes
October 1, 1988
The Manual is published and distributed as a 4-volume set or by
individual volume. See USAM 1-1.420. Each volume is described below:
Vol. I - Titles 1 to 3 (GENERAL, APPEALS and EOUSA)
Vol. II - Titles 4 to 8 (CIVIL, LAND and NATURAL RESOURCES, TAX,
ANTITRUST, and CIVIL RIGHTS)
Vol. III - Title 9 (CRIMINAL)
Vol. IV - PRIOR APPROVALS, U.S.C. TABLE and C.F.R. TABLE, GENERAL
INDEX
For easy reference, the Manual is also available on the Justice
Retrieval Inquiry System (JURIS). See USAM 1-18.000 for JURIS Database.
1-1.000 INTRODUCTION
1-1.330 Paragraph Numbering System
October 1, 1988
The Manual employs a paragraph numbering system to facilitate the
citation ( see USAM 1-1.600), retrieval, and revision of its contents.
A brief explanation of the numbering principles follows, (using
"1-2.345" as an example):
The number located in the position of "1" is the Title.
The number located in the position of "2" is the chapter within the
Title.
The number located in the position of "3" is the topic within the
chapter.
The number located in the position of "4" is the subtopic within the
topic.
The number located in the position of "5" is the paragraph number.
1-1.000 INTRODUCTION
1-1.400 DISCLOSURE AND DISTRIBUTION
October 1, 1988
1-1.000 INTRODUCTION
1-1.410 Disclosure of the Manual
October 1, 1988
The Manual is United States Government property. It is issued to be
used in conjunction with official duties and must be returned to the
appropriate administrative officer prior to leaving Department employ.
All materials contained in the U.S. Attorneys' Manual, unless
specifically designated to the contrary, are subject to the
provisions of Title 5, U.S.C., Sec. 552(a)(2). Accordingly, this
Manual must be made available for public inspection and copying
pursuant to 28 C.F.R. Sec. 16.2.
The Manual is available for public inspection at all depository
libraries, law school libraries, and the Library of Congress.
1-1.000 INTRODUCTION
1-1.420 Distribution of the Manual
October 1, 1988
The Manual is published by the Executive Office for U.S. Attorneys and
is distributed in bulk to the administrative officer of each U.S.
Attorney's Office or Division. See USAM 1-1.320. Proper distribution
follows.
1-1.000 INTRODUCTION
1-1.421 Department of Justice
October 1, 1988
A. United States Attorneys' offices:
U.S. Attorneys....................One complete set
Library...........................One complete set
Branch office library.............One complete set
Division Chief....................One complete set
Assistant U.S. Attorneys..........Those volumes as required
for efficient job performance.
B. Legal Divisions:
Assistant Attorneys General.......One complete set
Library...........................One complete set
C. Offices, Boards and Bureaus:
Director..........................One complete set
Library...........................One complete set
Requests for additional copies of the Manual should be submitted in
writing to the Executive Office for U.S. Attorneys, Manual Staff, PAT
Building, Rm. 6419, 601 D Street N.W., Washington, D.C. 20530.
A distribution list is also maintained by the Executive Office for U.S.
Attorneys. All address changes should be submitted in writing to the
above address.
1-1.000 INTRODUCTION
1-1.422 Other Federal Agencies
October 1, 1988
For information on purchasing the manual, federal agencies should call
FTS 673-6348 or write to the above address.
1-1.000 INTRODUCTION
1-1.423 Public Purchase
October 1, 1988
The Manual is made available to the public through the Government
Printing Office (GPO). Mail orders should be sent to the following
address:
Superintendent of Documents Subscription Entry U.S. GPO Washington,
D.C. 20402
Telephone orders: (202) 783-3238 (Not an FTS number.)
1-1.000 INTRODUCTION
1-1.500 REVISION AND MAINTENANCE
October 1, 1988
1-1.000 INTRODUCTION
1-1.510 Department Communications
October 1, 1988
Every communication from the Department to all U.S. Attorneys (except
the most urgent) shall, prior to dissemination, have noted on its face
by its originator, the portions of the Manual, if any, affected, and be
sent to the Executive Office for U.S. Attorneys for review and comment.
Once all of the affected portions of the Manual have been identified and
the contents categorized as being policy or administrative, the
communication shall be issued, see USAM 1-1.520.
1-1.000 INTRODUCTION
1-1.520 Revision of the Manual
October 1, 1988
There are two types of revisions to the United States Attorneys' Manual
-policy changes and administrative changes. All revisions received from
a Department component which include new policy must first be issued as
a bluesheet and reviewed by the Attorney General's Advisory Committee of
U.S. Attorneys before being permanently incorporated into the text of
the Manual, see USAM 1-1.521. Revisions received from Department
components which are purely administrative do not require review by the
Advisory Committee and will be permanently incorporated into the text of
the Manual, see USAM 1-1.522.
1-1.000 INTRODUCTION
1-1.521 Policy Changes-Bluesheets
October 1, 1988
The procedure for issuing bluesheets is as follows:
A. All information received from a Department component and identified
as new policy must be issued by the Executive Office as a bluesheet,
(printed on light blue paper). This does not apply to communications
from the Attorney General, Deputy Attorney General, and Associate
Attorney General which are fully effective upon issuance.
B. The Attorney General's Advisory Committee will review each bluesheet
before it is permanently incorporated into the text of the Manual. If
the Committee objects to a bluesheet, the Committee will first try to
resolve the disagreement directly with the Assistant Attorney General
for the issuing division. Unresolved issues will be forwarded to the
Associate Attorney General for resolution by the Advisory Committee.
C. To ensure timely incorporation, all bluesheets will have a lifespan
of five months, after which they will no longer be in effect unless
incorporated into the text of the Manual or reissued.
D. Once a bluesheet has been incorporated into the text of the Manual
it is considered authoritative and part of the Manual.
1-1.000 INTRODUCTION
1-1.522 Administrative Changes-Transmittals
October 1, 1988
The procedure for issuing administrative changes to the Manual is as
follows:
A. All information received from a Department component and identified
as administrative will be published by the Executive Office for U.S.
Attorneys and issued as a transmittal.
B. Transmittals will be issued semi-annually.
1-1.000 INTRODUCTION
1-1.530 Maintenance of the Manual
October 1, 1988
The Manual is intended to function as do the commercial looseleaf
services. Transmittals, composed of additional or replacement manual
pages for each title will be mailed semi-annually to the administrative
person responsible for in-office distribution, see USAM 1-1.420. Policy
changes (bluesheets) are issued directly upon receipt and should be
inserted in front of the affected section, see USAM 1-1.521. Each
holder of the Manual is responsible for inserting the materials
received.
1-1.000 INTRODUCTION
1-1.600 HOW TO CITE THIS MANUAL
October 1, 1988
See USAM 1-1.330, paragraph numbering system of the Manual.
A. Information appearing in this Manual at paragraph 1-1.420 would be
cited as:
USAM 1-1.420 (10/88)
B. If citing a particular page:
USAM 1-1.420 at 4
Pages are numbered consecutively within a chapter. Occasionally pages
are lettered to facilitate their insertion between two numbered pages
without requiring a reprinting of all subsequent pages in the chapter.
Thus, the "4" in the above citation refers to the 4th page of the first
chapter of Title 1. The date refers to the date of the most recent
insert.
1-2.000 DOJ ORGANIZATIONS AND FUNCTIONS
October 1, 1988
1-2.000 DOJ ORGANIZATIONS AND FUNCTIONS
1-2.001 U.S. Judicial Districts and Circuits (see map, infra)
Geographical Boundaries of U.S. Courts of Appeals and
U.S. District Courts (Map Omitted)
October 1, 1988
1-2.000 DOJ ORGANIZATIONS AND FUNCTIONS
1-2.002 Department of Justice Organization Chart
(DOJ Organization Chart Omitted)
October 1, 1988
1-2.000 DOJ ORGANIZATIONS AND FUNCTIONS
1-2.100 OFFICES
October 1, 1988
1-2.000 DOJ ORGANIZATIONS AND FUNCTIONS
1-2.101 Office of the Attorney General
October 1, 1988
The Attorney General serves as head of the Department of Justice (28
U.S.C. Sec. 503) and as chief law enforcement officer of the federal
government ( Marshall v. Gibson's Products, Inc. of Plano , 584 F.2d 668
(5th Cir.1978)). In this capacity, the Attorney General shall:
A. Supervise the administration of the law enforcement operations of
the Department of Justice which include the litigating divisions, the
U.S. Attorneys, U.S. Marshals Service, Federal Bureau of Investigation,
Drug Enforcement Administration, Immigration and Naturalization, Bureau
of Prisons, Parole Commission and Pardon Attorney.
B. Represent the United States in legal matters generally;
C. Furnish advice and opinions, formal and informal, on legal matters
to the President and the Cabinet and to the heads of the executive
departments and agencies of the Government, as provided by law;
D. Appear in person to represent the Government in the Supreme Court of
the United States, or in any other court, in which he/she may deem it
appropriate; and
E. Designate, pursuant to Executive Orders No. 9788 of October 4, 1946
and No. 10254 of June 15, 1951, officers and agencies of the Department
of Justice to act as disbursing officers for the Office of Alien
Property.
While particularly important matters involving U.S. Attorneys may be
acted upon by the Attorney General, some, by statute, regulation or
practice, require his/her approval, see Prior Approval listing in each
title of this Manual.
To assist the Attorney General in the performance of his/her duties,
the following Committees have been established:
A. The Attorney General's Advisory Committee of U.S. Attorneys which
consists of 15 United States Attorneys representing the geographic areas
of the nation, ( see 28 C.F.R. Sec. 0.10; USAM 1-3.500).
B. An Incentive Awards Board which consists of the Deputy Attorney
General or his/her designee as Chairperson, and four members designated
by the Attorney General from among the Assistant Attorneys General,
bureau heads or persons of equivalent rank in the Department.
See 28 C.F.R. Sec. 0.11.
C. A Young American Medals Committee, which is composed of four
members, one of whom shall be the Director of Public Affairs. See 28
C.F.R. Sec. 0.12.
1-2.000 DOJ ORGANIZATIONS AND FUNCTIONS
1-2.102 Office of the Deputy Attorney General
October 1, 1988
The Deputy Attorney General is authorized to exercise all the power and
authority of the Attorney General, unless any such power or authority is
required by law to be exercised by the Attorney General personally.
The Deputy Attorney General shall advise and assist the Attorney
General in formulating and implementing Department policies and programs
and in providing overall supervision and direction to all organizational
units of the Department. Subject to the general supervision of the
Attorney General, the Deputy Attorney General shall direct the
activities of the Associate Attorney General and the following
organizational units:
Antitrust Division
Civil Division
Civil Rights Division
Justice Management Division
Land and Natural Resources Division
Tax Division
Office of Legislative Affairs
Office of Legal Counsel
Office of Liaison Services
Office of Legal Policy
Office of Intelligence, Policy and Review
Office of Public Affairs
Executive Office for Immigration Review
Executive Office for United States Trustees and United States
Trustees
Foreign Claims Settlement Commission
Except as assigned to the Associate Attorney General, the Deputy
Attorney General has the power and authority vested in the Attorney
General to take final action in matters pertaining to the following:
A. The employment, separation, and general administration of personnel
in the Senior Executive Service and in General Schedule grades GS-16
through GS-18, or the equivalent, and of attorneys and law students
regardless of grade or pay in the Department.
B. The appointment of special attorneys and special assistants to the
Attorney General (28 U.S.C. Sec. 515(b));
C. The appointment of Assistant U.S. Trustees and fixing of their
compensation.
D. The approval of the appointment by U.S. Trustees of standing
trustees and the fixing of their maximum annual compensation and
percentage fees as provided in 28 U.S.C. Sec. 586(e).
E. The administration of the Attorney General's recruitment program for
honor law graduates and judicial law clerks;
F. The coordination of department liaison with the White House staff
and the Executive Office of the President;
G. The overseeing of the Office of Small and Disadvantaged Business
Utilization; and,
H. The supervision over all administrative management activities,
including the Budget Review Committee and the Senior Executive Resource
Board.
1-2.000 DOJ ORGANIZATIONS AND FUNCTIONS
1-2.103 Office of the Associate Attorney General