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 Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?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
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) August 1, 1997 February 28, 2020 DOJ-1312336 Firearms What’s In This Issue: Legislative Issues; New Residency Requirements for Purchasers; Licensee Notification; Assault Weapon Receivers; Governmental Exemption to Semiautomatic Weapon Ban; Importation of Machineguns; Transfer of Registered NFA Weapons in Decedent's Estate; Retention of Machineguns by Licensees Who Discontinue Business; Going Out of Business; Wallet Guns; Improving Security; ATF's Stolen Firearms 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).

Federal Bureau of Prisons (BOP) July 24, 1997 February 28, 2020 DOJ-1314831 Inmate and Custody Management (Prisons) This Program Statement applies to: inmates with limited English proficiency who entered Bureau institutions after March 29, 1994, regardless of their degree of literacy in their native or other language, and other inmates whose English proficiency is limited as defined in Section 7. The Crime Control Act of 1990, codified in 18 U.S.C. § 3624 (f), requires that non-English-speaking Federal prisoners participate in an ESL program until they function at the equivalent of the eighth grade level on a nationally recognized education achievement test.

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) June 1, 1997 February 28, 2020 DOJ-1312111 Explosives What’s In This Issue: Computerized Recordkeeping Systems; ATF District Offices; Letters to the Editor; Items of Interest; Establishment of the District Explosive Officers; Antiterrorism and Effective Death Penalty Act of 1996; ATF and Internet; Explosives Security; National Repository of Arson and Explosive Incidents; Theatrical Flash Powder; Be Aware America

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).

Civil Rights Division March 25, 1997 June 26, 2020 DOJ-1351276 Civil Rights

This Q&A explains existing rights and obligations under the ADA and the Department's implementing regulations in response to concerns raised by police departments.

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).

Federal Bureau of Prisons (BOP) February 18, 1997 February 28, 2020 DOJ-1314541 General Administration and Management (Prisons) Directs staff at BOP facilities to provide materials to inmates for education and leisure purposes (as required by regulation); gives instructions regarding the maintenance of inmate libraries; describes Central office funding and procurement of materials for libraries; gives direction regarding translation of library materials into foreign languages.

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) January 1, 1997 February 28, 2020 DOJ-1312796 Firearms This ruling advises that the 1919 A-4 semiautomatic firearm and 1919 A-6 semiautomatic rifle are "portable weapons" within the definition firearm and are therefore the subject to the excise tax when sold by their importer or manufacturer pursuant to 26 U.S.C. § 4181.

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) January 1, 1997 February 28, 2020 DOJ-1314066 Explosives This brochure provides a reminder about awareness of potential criminal misuse of fertilizer and agricultural chemicals.

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) January 1, 1997 February 28, 2020 DOJ-1314071 Explosives This brochure provides a reminder about securing one's materials to guard against potential criminal misuse of fertilizer and agricultural chemicals.

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).

Civil Rights Division January 1, 1997 February 28, 2020 CRT-1315391 Civil Rights This publication explains how the requirements of the ADA apply to child care centers.

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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