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 Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.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).
Processes and Procedures for Issuance and Use of Guidance Documents
In August 2020, the Department amended its regulations regarding guidance documents in an interim final rule, Processes and Procedures for Issuance and Use of Guidance Documents. This rule codifies the requirements of Executive Order 13891 that prohibits the use of guidance documents to create rights or impose obligations on persons outside of the executive branch. The rule also limits the use of guidance documents in criminal and civil enforcement actions and implements robust Department-wide procedures governing the review, clearance, and issuance of guidance documents. This new rule advances the Department’s commitment to regulatory reform that enhances transparency and good government.
Read the interim final rule.
Please note: This is the text of the interim final rule as signed by the Attorney General, but the official version of the interim final rule will be as it is published in the Federal Register.
| Component | Document | Issued | Posted | ID | Topic | Overview | Notice |
|---|---|---|---|---|---|---|---|
| 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. |
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). |
| Diversion Control Program (DEA) | Pharmacist Manual | October 8, 2020 | October 8, 2020 | DEA-DC-046 | General |
Pharmacist Manual |
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). |
| 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”). |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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.’ |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| Department of Justice | Guidance Regarding Department of Justice Grants and Executive Order 13798 | July 27, 2020 | July 27, 2020 | 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| 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. |
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). |
| Diversion Control Program (DEA) | Civil Unrest Q&A Destruction of Damaged C/S | June 12, 2020 | June 23, 2020 | DEA-DC-040 | Controlled Substance Security |
Questions and answer concerning pharmacys destruction of damaged controlled substances due to the civil unrest. |
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). |
| Diversion Control Program (DEA) | Civil Unrest Q&A Pharmacy Prescription Transfer | June 10, 2020 | June 23, 2020 | DEA-DC-038 | Controlled Substance Prescriptions |
Question and answer concerning controlled substance prescription transfers during civil unrest. |
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). |
| Diversion Control Program (DEA) | Civil Unrest Q&A Pharmacy Closure (Pharmacy) | June 10, 2020 | June 23, 2020 | DEA-DC-039 | Controlled Substance Security |
Question and answer addressing what steps must be taken if a pharmacy is closing permanently due to the civil unrest. |
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). |
| Diversion Control Program (DEA) | Civil Unrest Q&A Offsite Dosing Option | June 9, 2020 | June 10, 2020 | DEA-DC-036 | General |
Question and answer concerning off-site dosing of narcotic treatment program patients during civil unrest. |
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). |
| Diversion Control Program (DEA) | Civil Unrest Q&A: Moving of Controlled Substances (Practitioners) | June 9, 2020 | June 11, 2020 | DEA-DC-155 | DEA Registration |
Question and answer concerning practitioners needing to move controlled substances due to civil unrest and looting. |
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). |