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
- Centers for Medicare & Medicaid Services 5
- Council on Environmental Quality 1
- Department of Agriculture 6
- Department of Education 7
- Department of Health and Human Services 7
- Department of Justice 5
- Department of Transportation 2
- Department of the Interior 1
- Environmental Protection Agency 5
- Federal Deposit Insurance Corporation 1
- Occupational Safety and Health Administration 1
- Office of Civil Rights 2
- Office of Land and Emergency Management 1
- Office of Management and Budget 1
- Office of the Comptroller of the Currency 1
- The Federal Reserve Board 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 4
- Civil Rights 4
- Climate Change 1
- 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
- Finance 1
- Financial Stewardship 1
- Food and Nutrition Service 2
- Gender Identity 3
- Indigenous Knowledge 1
- Individuals with Disabilities Education Act 1
- Justice 1
- Medicaid 7
- NOAA Fisheries 1
- OSHA 1
- Office of Civil Rights 5
- Recycling 1
- SNAP 4
- Section 504 1
- Small Business 1
- Social Determinants of Health 1
- State Freight Plans 1
- Students 3
- 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.
Manual on Uniform Traffic Control Devices for Streets and Highways
The latest version of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), which sets standards for the use of traffic signs, road surface markings, and signals for state and local agencies that receive federal funds, orders those agencies not to post humorous or safety messages on traffic signs due to concerns that they could “adversely affect respect for the sign.”
SNAP/Medicaid Coordination
Since SNAP and Medicaid serve similar populations, the Food and Nutrition Service within the USDA is exploring ways state agencies can coordinate policies and processes between programs to “improve efficiency and increase program access.”
Summer Electronic Benefits Transfer Program
The USDA Food and Nutrition (FNS) is continuing a summer food program that was originally launched during COVID-19.
Ensuring Eligible Children Maintain Medicaid and CHIP Coverage
The Center for Medicaid and CHIP Services issued an “Informational Bulletin” outlining concerns and providing recommendations for states on how to address children potentially being improperly removed from Medicaid and CHIP after the conclusion of the COVID-19 Public Health Emergency.
Expanded Rice’s Whale Protection Efforts During Reinitiated Consultation with NMFS
The Department of the Interior Bureau of Ocean Energy Management (BOEM) released a “voluntary” list of “recommendations” and “guidance” for vessels engaging in oil and gas exploration in the Gulf of Mexico Outer Continental Shelf.
Medicaid Redetermination
HHS Secretary Becerra sent a letter to state governors raising concerns with how states are unwinding their Medicaid and Children’s Health Insurance Program (CHIP) rolls to remove ineligibles after the conclusion of the federal health emergency.
Lithium Battery Recycling Regulatory Status and Frequently Asked Questions
Responding to the increased use of lithium-ion (Li-Ion) batteries, the Environmental Protection Agency released guidance designating spent batteries as hazardous waste.
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.
Language Access During Medicaid Continuous Enrollment Condition
The HHS Office of Civil Rights (OCR) issued a “Dear Colleague” letter to state Medicaid administrators about their responsibility to provide access to various languages for individuals with limited English proficiency during the Medicaid redetermination process.
Fines and fees levied by state and local courts and juvenile justice agencies
The US Department of Justice issued two Dear Colleague letters that discuss fines and fees commonly established by juvenile justice agencies and state and local courts, suggesting they may constitute discrimination.
SNAP Workload Management Matrix
The Workload Management Matrix provides an overview of SNAP program options states can adopt to manage workload as the public health emergency ends.
Principles and Best Practices for Oversight of Federal Environmental Programs Implemented by States and Tribes
The memo from Environmental Protection Agency (EPA) Administrator Michael Regan directs how administrators should oversee federal programs implemented by states, adding a focus on justice and equity.
SNAP Work Requirements
The Fiscal Responsibility Act of 2023 modified the SNAP work requirement policy, including exceptions from the able-bodied adults without dependents (ABAWD) time limit.
EPA Legal Tools to Advance Environmental Justice: Cumulative Impacts Addendum
The document, prepared by the Office of General Counsel, builds upon the 2022 EPA Legal Tools to Advance Environmental Justice, emphasizing the importance of considering cumulative impacts in regulatory and decision-making processes.
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.
EJ Action Plan: Office: Building Up Environmental Justice in EPA’s Land Protection and Cleanup Programs
This document provides a detailed strategy to advance environmental justice.
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.
EPA Legal Tools to Advance Environmental Justice
This document from the Environmental Protection Agency (EPA) reviews legal authorities under various environmental and civil rights statutes to advance environmental justice and equity, and gives recommendations for how to integrate these federal priorities into state-administered programs.
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.