Biden frees DOJ to wield guidance docs unchecked
Published Date: 1/21/2025
Rule
Summary
The Department of Justice has finalized a rule that removes old limits on how it uses guidance documents in legal cases, following President Biden’s order to bring back flexibility in regulation. This change affects anyone involved with DOJ enforcement and takes effect January 17, 2025. No new costs or fees are introduced, just a clearer, more flexible way for the DOJ to share and use guidance.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
DOJ Removes Limits on Guidance Use
The Department of Justice removed its regulations at 28 CFR 50.26 and 50.27 that had limited how the DOJ could use guidance documents in civil and criminal enforcement. This change finalizes the interim rule and takes effect January 17, 2025, and applies to anyone involved in DOJ enforcement actions.
DOJ Follows AG Memorandum Policy
The DOJ will follow the Attorney General Memorandum dated July 1, 2021, for how it develops, issues, and uses guidance documents, and the Justice Manual has been revised to conform with that Memorandum. This centralizes DOJ guidance policy under the July 1, 2021 memorandum.
No New Costs or Paperwork
The rule states it does not create any new costs, fees, reporting, or recordkeeping requirements and is not a 'major rule'; it also says it will not cause State, local, tribal governments or the private sector to spend $100 million or more in a year. The Department treated the rule as agency management and finalized it without change.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Related Federal Register Documents
2026-19693, Implementing the Safe Explosives Act
The Safe Explosives Act final rule affects businesses and people who handle explosives, making reporting and transport rules clearer and simpler. Starting October 26, 2026, license holders must report key personnel changes but no longer need to verify who accepts deliveries for them. These updates cut red tape without adding new costs, keeping everyone safer and smoother in the explosive world.
2026-19694, Annual Notices on Explosive Materials Storage Facilities to Local Fire Authority
If you store explosives, you now have to tell your local fire department every year and when you stop storing them. This new rule helps keep firefighters and the public safer by making sure they always know where explosives are stored. It starts on October 26, 2026, and you must keep your notices for five years—no extra fees, just more safety!
2026-16981, Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms
The Department of Justice ("the Department") is implementing criteria to guide determinations for granting relief from disabilities imposed by federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms. The criteria are designed to ensure that the fundamental right of the people to keep and bear arms is not unduly infringed, that those people granted relief are not likely to act in a manner dangerous to public safety, and that granting such relief would not be contrary to the public interest.
2026-15458, Civil Money Penalty for Actions in Contempt of an Immigration Judge's Proper Exercise of Authority
This notice of proposed rulemaking ("NPRM") would implement a provision of the Immigration and Nationality Act ("INA" or "the Act") that authorizes Immigration Judges, under regulations prescribed by the Attorney General, to sanction by civil money penalty any action (or inaction) in contempt of the proper exercise of their authority by certain individuals. The rule would: define the scope of the contempt authority; provide procedures for contempt findings, penalty determinations, and penalty payment; establish an appellate process; and implement oversight of the use of contempt authority. The rule would also make conforming changes to the grounds for practitioner discipline.
2026-13586, Registering NFA Firearms That Fall Out of Government Contract
If you make special firearms for the U.S. Government and your contract ends, you’ll now have a new way to register those guns even if you missed the usual deadline. This change helps manufacturers avoid penalties and keeps everything clear and fair. Comments on this proposal are open until September 4, 2026, so don’t miss your chance to weigh in!
2026-11526, Implementation of the Substance Use-Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act of 2018: Dispensing and Administering Controlled Substances for Medication-Assisted Treatment
Starting July 9, 2026, new rules make it easier for doctors and pharmacies to provide medicine that helps people recover from opioid addiction. These changes affect healthcare providers by expanding who can give medication-assisted treatment and how pharmacies can deliver these medicines. The goal? Faster, safer access to treatment with clear rules that save time and support recovery.
Previous / Next Documents
Previous: 2025-01375, Paper and Paper-Based Packaging Promotion, Research and Information Order; Clarifying Changes
This rule updates the Paper and Paper-Based Packaging Order to clear up how partnerships, nominations, voting, financial reports, and exemption requests work. It affects businesses involved in paper and packaging promotion and takes effect on February 20, 2025. These changes make the rules easier to follow and better match how the industry actually operates, with no new fees or costs.
Next: 2025-01419, Adjustment of Civil Monetary Penalties for Inflation
Starting January 21, 2025, the Department of Education is raising its civil fines to keep up with inflation. This means anyone facing penalties for violations after November 2, 2015, will see updated, higher amounts to keep the fines fair and effective. These changes help make sure penalties stay strong enough to discourage bad behavior.