Subregulatory Guidance Tracker
Federal agencies sometimes create policies or alter regulations without submitting these changes to a formal review process as required by federal law. They do so by claiming these policies are simply clarifications of existing law, and issue them in the form of “Dear Colleague” letters, bulletins, memos, circulars, examples, etc., which together are often referred to as “guidance.”
More than 100,000 pieces of guidance exist, but most are not easily found online.
In this tracker, you will find summaries of suspect guidance, with links to their text and related information. Criteria for listing guidance is available here. If you are aware of guidance not listed here that you believe might be illegal rulemaking, please contact us.
You can search for guidance updates by agency using the drop down below or by keyword using the search function.
Agencies
- Center for Medicare & Medicaid Services 3
- Centers for Medicare & Medicaid Services 2
- Council on Environmental Quality 1
- Department of Agriculture 6
- Department of Education 9
- Department of Health & Human Services 2
- Department of Health and Human Services 7
- Department of Justice 5
- Department of Transportation 2
- Department of the Interior 1
- Environmental Protection Agency 5
- Occupational Safety and Health Administration 1
- Office of Civil Rights 2
- Office of Land and Emergency Management 1
- Office of Management and Budget 1
- US Equal Employment Opportunity Commission 1
Programs/Issues
- Americans with Disabilities Act 2
- Bostock v. Clayton 2
- Bureau of Ocean Energy Management (BOEM) 1
- CHIP 1
- Children's Health Insurance Program 5
- Civil Rights 5
- Criminal Justice 1
- Disability 2
- Discrimination 4
- EEOC 1
- Education 1
- Electronic Benefit Transfer (EBT) Program 1
- Environment 8
- Environmental Justice 1
- Federal Financial Assistance 1
- Federal Funding 1
- Federal Grants 1
- Food and Nutrition Service 2
- Gender Identity 3
- Healthcare 1
- Indigenous Knowledge 1
- Individuals with Disabilities Education Act 2
- Justice 1
- Medicaid 8
- NOAA Fisheries 1
- OSHA 1
- Office of Civil Rights 5
- Recycling 1
- SNAP 4
- Section 504 2
- Small Business 1
- Social Determinants of Health 1
- State Freight Plans 1
- Students 4
- Title IV 1
- Title IX 4
- Transportation 2
- courts 1
- environmental justice 2
Have you seen guidance issued that others should be aware of? Share the details via our Guidance Spotting form.
Ensuring Equal Opportunity Based on Sex in School Athletic Programs in the Context of Name, Image, and Likeness (NIL) Activities
The Department of Education’s Office for Civil Rights (OCR) guidance asserts Title IX applies to Name, Image, and Likeness (NIL) activities.
Federal Nondiscrimination Obligations Regarding Transgender Youth
The Department of Justice (DOJ) issued a letter to all state attorneys general, reminding them of federal constitutional and statutory provisions that protect transgender youth against discrimination, including when those youth seek gender-affirming care.
Racial Discrimination in School Discipline
The Department of Education’s Office for Civil Rights and the Department of Justice’s Civil Rights Division jointly released a resource document that highlights recent investigations of school discipline policies. This document features various investigations of discrimination in student discipline on the basis of race, color, or national origin under Title VI of the Civil Rights Act of 1964 and the Departments’ Title VI regulations.
Discrimination Based on Pregnancy and Related Conditions
On October 4, 2022, the Department of Education released new guidance for students and schools on Title IX’s prohibition of discrimination based on pregnancy and pregnancy-related conditions.
Bostock v. Clayton & Title IX
On his first day as president, Biden issued an executive order (EO) in response to the Bostock v. Clayton County decision, focused on “preventing and combating discrimination on the basis of gender identity or sexual orientation.”
Supporting Disabled Students
The Office for Civil Rights (OCR) issued guidance on the rights of public-school students with disabilities, including behavioral disabilities, at the elementary and secondary education level, to nondiscrimination on the basis of disability, under Section 504 of the Rehabilitation Act of 1973, in the context of discipline.
Application of Bostock v. Clayton County to Program Discrimination Complaints
In light of Bostock v. Clayton County, the Food and Nutrition Service within the Department of Agriculture (USDA) determined that discrimination based on gender identity and sexual orientation can constitute prohibited sex discrimination under Title IX and the Food and Nutrition Act.
Medicaid/CHIP
The USDA Food and Nutrition (FNS) is continuing a summer food program that was originally launched during COVID-19.
Supporting Students with Disabilities
The Office for Civil Rights (OCR) issued guidance related to the discipline of students with disabilities, including behavior disabilities, under Section 504 of the Rehabilitation Act of 1973.