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) | Guidance on the Scope of Agency under the Foreign Agents Registration Act (FARA) | 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) | Q&As: Industry Replacement of Tommy Built Tactical Model T36 Receiver | March 15, 2021 | March 15, 2021 | DOJ-1761081 | Firearms |
FAQs regarding the Industry Replacement of Tommy Built Tactical Model T36 Receiver. |
| Department of Justice | Guidance Regarding Department of Justice Grants and Executive Order 13798 | 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 | Guidelines for Chapter 11 Cases | 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) | Controlled Substances Act Pursuant to the Religious Freedom Restoration Act | 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) | QA Double Blind Study | 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) | QA Black Bag Exception | 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) | Pharmacist Manual | October 8, 2020 | October 8, 2020 | DEA-DC-046 | General |
Pharmacist Manual |
| Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) | Underground Storage (Presentation) | 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) | Type 3 Magazines (Presentation) | 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) | Institute of Makers of Explosives Safety Analysis for Risk (IMESAFR) (Presentation) | 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) | General Variance Requests (Presentation) | 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) | Fireworks (Presentation) | 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) | Federal Explosives Licensing Center (FELC) (Presentation) | 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) | Employee Possessor (Presentation) | 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) | QA Pharmacy Delivery of Buprenorphine Prescription under SUPPORT Act | 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) | ATF Proc. 2020-1- Recordkeeping procedure for non-over-the-counter firearm sales by licensees to unlicensed in-state residents.. | 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) | ATF Procedure 2020-2- Recordkeeping and Background Check Procedure for Facilitation of Private Party Firearms Transfers | 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 | Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Sy | 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 | A Resource Guide to the U.S. Foreign Corrupt Practices Act | 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) | QA Telemedicine - DEA Registration in other states | 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) | COVID-19 QAAdministering CS in vehicle during COVID-19 | 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) | Civil Unrest QA, Bulk Destruction | 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) | Civil Unrest Q&A RE Transfer of Prescriptions | 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 | DCL Withdrawing DOJ’s and ED’s Title IX Guidance on Transgender Students | 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. |