Guidance Documents

Guidance Documents

Under 28 CFR 50.26, except where expressly authorized by law or as expressly incorporated into a contract, guidance documents issued by a Department component lack the force or effect of law and do not bind the public; noncompliance with voluntary standards will not, in itself, result in any enforcement action. In addition, 28 CFR 50.27 articulates processes and procedures for DOJ’s use of guidance documents, including the use of guidance documents in litigation.

Component Document Issued Posted ID Topic Overview
National Security Division (NSD) May 27, 2020 April 13, 2021 NSD-1818541 National Security

The guidance discusses the meaning of the term “agent of a foreign principal” as used in FARA.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) March 15, 2021 March 15, 2021 DOJ-1761081 Firearms

FAQs regarding the Industry Replacement of Tommy Built Tactical Model T36 Receiver.

Department of Justice January 15, 2021 January 15, 2021 DOJ-1360476 Civil Rights

This guidance summarizes the Department’s policies on how it administers its Federal grants in compliance with Executive Order 13798, the Attorney General’s Memorandum “Federal Law Protections for Religious Liberty,” and OMB Memorandum M-20-09.

U.S. Trustee Program January 1, 2020 December 31, 2020 UST-1318201 Business Reorganization (Bankruptcy) Description of operating and reporting responsibilities for chapter 11 debtors. USTP Region 6.
Drug Enforcement Administration (DEA) February 26, 2018 December 9, 2020 DOJ-1316671 General

Guidance establishing a process for DEA decisions regarding requests for exemptions to handle controlled substances pursuant to the Religious Freedom Restoration Act (RFRA). (Revised 12-9-2020)

Diversion Control Program (DEA) October 13, 2020 October 21, 2020 DEA-DC-048 General

Question and Answer addressing if a Researcher registrant should complete a DEA Form 222 when participating in double-blind studies in which the exact quantity of schedule I or II controlled substances received is unknown.

Diversion Control Program (DEA) October 8, 2020 October 20, 2020 DEA-DC_047 General

Q&A answering whether a physician transport controlled substances and administer controlled substances at the patient’s home residence (the so-called “black bag exception”).

Diversion Control Program (DEA) October 8, 2020 October 8, 2020 DEA-DC-046 General

Pharmacist Manual

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 18, 2020 September 30, 2020 DOJ-1382741 Explosives

This presentation provides a history of the implementation of the Safe Explosives Act, the intention of the legislation and the authority of ATF to regulate the storage of explosives, above ground or underground.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 10, 2020 September 30, 2020 DOJ-1382756 Explosives

This presentation provides an overview of Type 3 magazine construction, reporting requirements and use intended for temporary attended storage on a worksite.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 10, 2020 September 30, 2020 DOJ-1382771 Explosives

This presentation details the process for requesting a variance for deviating from the explosives regulations through use of a quantitative risk assessment software tool known as ‘Institute of Makers of Explosives Safety Analysis for Risk.’

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 10, 2020 September 30, 2020 DOJ-1382781 Explosives

This presentation details when a variance to deviate from the explosives regulations may be requested, to whom they may be issued, where to direct such requests and documentation from the requestor to assist in evaluation of those requests.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 18, 2020 September 30, 2020 DOJ-1382791 Explosives

This presentation on fireworks provides an overview of the classification of explosive materials and exemptions under Part 555, storage, identifying appropriate Tables of Distances and determining if a variance to deviate from the regulations might be needed.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 10, 2020 September 30, 2020 DOJ-1382796 Explosives

This presentation provides an overview of the FELC’s responsibilities for reviewing and processing all new applications for federal explosives licenses and/or permits as well as renewals, the background check process, and ensuring sufficiency of information received.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 18, 2020 September 30, 2020 DOJ-1382806 Explosives

This presentation defines an Employee Possessor and provides the procedures for reporting Employee Possessors to ATF, the clearance process, and at what point an employee may possess explosives.

Diversion Control Program (DEA) September 18, 2020 September 18, 2020 DEA-DC-045 General

Q&A asking if a pharmacy may deliver a prescribed buprenorphine product to a practitioner for direct administration to the patient. This Q&A further explains that a pharmacy may deliver buprenorphine to the registered location of either the prescribing or the administering practitioner, and must be administered by injection or implantation only to the patient named on the prescription within 14 days after the date of receipt of the CS by the practitioner.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 3, 2020 September 8, 2020 DOJ-1374531 Firearms

This ATF procedure gives guidance to licensees on how to complete the Firearms Transaction Record, ATF Form 4473, as revised effective May 2020, and record the sale of a firearm, when selling to an unlicensed person who a) has a valid alternate permit or otherwise is exempt from NICS requirements; b) resides in the same state as the licensee; and c) does not appear in person at the licensee's business premises. Supersedes ATF Procedure 2013-2.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) September 2, 2020 September 8, 2020 DOJ-1374541 Firearms

This ATF procedure is to set forth the recordkeeping and NICS procedures for federal firearms licensees (FFLs) who facilitate the transfer of firearms between private unlicensed individuals. This procedure does not apply to pawn transactions, consignment sales, or repairs. Supersedes ATF Procedure 2017-1.

Office of Legal Policy August 17, 2020 August 17, 2020 OLP-1366431 National Security

This interagency Advisory – issued by the DOJ, FAA, FCC, and DHS -- is intended to help non-federal public and private entities better understand the federal laws and regulations that may apply to the use of capabilities to detect and mitigate threats posed by unmanned aircraft system operations, including provisions of federal criminal law.

Criminal Division, Criminal - Criminal Fraud Section July 3, 2020 August 4, 2020 CRIMINAL-1315366 Foreign Corruption

The Guide addresses, among other things, who and what is covered by the FCPA's anti-bribery and accounting provisions; the definition of a "foreign official"; what constitute proper and improper gifts, travel and entertainment expenses; the nature of facilitating payments; how successor liability applies in the mergers and acquisitions context; and the hallmarks of an effective corporate compliance program.

Diversion Control Program (DEA) July 28, 2020 July 30, 2020 DEA-DC-044 Controlled Substance Prescriptions

Question and Answer concerning registering with DEA and prescribing controlled substances in more than one state.

Diversion Control Program (DEA) July 28, 2020 July 28, 2020 DEA-DC-043 General

Question and answer concerning DEA allowing certified health care providers to administer REMS-designated controlled substances to patients in parking lots at the health care providers DEA registered location.

Diversion Control Program (DEA) July 13, 2020 July 14, 2020 DEA-DC-042 Controlled Substance Security

Question and answer concerning the bulk destruction of controlled substances during the civil unrest.

Diversion Control Program (DEA) July 6, 2020 July 13, 2020 DEA-DC-041 Controlled Substance Prescriptions

Question and answer concerning a pharmacists ability to dispense controlled substances during civil unrest.

Civil Rights Division February 22, 2017 June 26, 2020 DOJ-1351181 Civil Rights

Withdraws 2015 and 2016 guidance on Title IX and transgender students to allow the Department time to more fully and completely consider the legal issues involved.

Pages

Was this page helpful?

Was this page helpful?
Yes No