“Guidance” is an interpretation of the law—it is not the law.
Every year, federal agencies issue thousands of communications, broadly known as “guidance,” to help individuals, companies, and state and local governments comply with federal law. Because guidance is only supposed to clarify the law, it isn’t subjected to the transparency and legal review requirements that govern federal rulemaking.
Sometimes agencies go beyond clarification, using guidance to create new rules that have no statutory authorization. This is against the law. Whether or not one agrees with the content of such guidance, we can all recognize that rules crafted by unelected federal officials and not subjected to legal review are a threat to constitutional democracy.
Empowering states to push back against harmful directives
Too many state and local leaders are unaware of unauthorized federal guidance. We seek to change that, empowering them to resist guidance that undermines the desires of constituents, violates state law, or transgresses the American principle that important policy decisions ought to be made by elected representatives in a public forum, not crafted and administered in secret. That’s why the Center for Practical Federalism is monitoring federal programs with a large impact on state and local self-governance. This tracker exclusively flags guidance that appears to cross over from clarification into illegal rulemaking.
What Is Guidance?
Get a brief overview of how federal guidance impacts states and what you should be aware of when taking it into consideration.
Report New Guidance
Have you seen guidance issued that others should be aware of? Share the details via our Guidance Spotting form.
Stay Informed & Empowered
The Center for Practical Federalism at State Policy Network is shining light on the illegal use of guidance by numerous federal agencies.
Search Recent Guidance
Federal guidance that is rulemaking disguised as clarification can be hard to uncover. This Guidance Tracker enables you to search and see federal guidance that our analysis indicates has a significant likelihood of being unauthorized, and which threatens state and local self-governance.
Gain Pre-emptive Insights
Our network of attorneys and policy experts offer concise analysis that equips state and local leaders to take a stand against illegal federal guidance. These Clear Guidance memos assess questionable agency guidance point by point, clarifying what is legally required and what is unfounded, so that elected leaders understand their options for pushing back.