Guidance Documents

Guidance Documents

Executive Order 13891 requires agencies to put their guidance documents on easily searchable websites so individuals are able to access them, and Department of Justice policy prohibits using guidance as a substitute for regulation.  Guidance may not be used to impose new requirements on persons outside the Executive Branch except as expressly authorized by law or expressly incorporated into a contract, grant, or cooperative agreement. See JM 1-19.000.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.  Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.  To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.  Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws. 

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.  A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.  See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Component Document Issued Posted ID Topic Overview Notice
U.S. Trustee Program Not specified February 28, 2020 UST-1319896 Business Reorganization (Bankruptcy) USTP Region 4, West Virginia. Chapter 11 Non-Small Business Monthly Operating Report

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.  Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.  To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.  Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws. 

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.  A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.  See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

U.S. Trustee Program Not specified February 28, 2020 UST-1319901 Business Reorganization (Bankruptcy) USTP Region 4, West Virginia. Chapter 11 Post-Confirmation Report

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.  Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.  To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.  Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws. 

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.  A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.  See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

U.S. Trustee Program Not specified February 28, 2020 UST-1319921 Business Reorganization (Bankruptcy) Form notice to debtors of UPST intent to use taxpayer identification number for purposes of collecting statutory quarterly fees in Region 2

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.  Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.  To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.  Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws. 

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.  A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.  See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

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