In a move with substantial implications for federal enforcement generally and the False Claims Act (“FCA”) in particular, the U.S. Department of Justice (“the Department”) on September 18, 2026 announced major revisions to two sections of the Justice Manual: (1) Section 1-19.000, which governs the issuance and use of guidance documents; and (2) Section 4-4.111, which governs the Department’s authority to seek dismissal of FCA qui tams. Reverting to the Department’s position in the first Trump Administration, the revisions to Section 1-19.000, as the Department explained, “reinstate[] and build[] upon [the Department]’s 2017 policy that sub-regulatory guidance cannot impose legal obligations beyond those established by statute or regulation.” And the revisions to Section 4-4.111 provide that the Department will evaluate every FCA qui tam for potential dismissal by the Department under 31 U.S.C. section 3730(c)(2)(A). The Department framed the changes as strengthening its fight against fraud through clearer standards that promote fair and effective enforcement.

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