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
- Rescinded 5
- 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
- Courts 1
- Criminal Justice 1
- Deleted 12
- 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
- Rescinded 6
- 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
- environmental justice 2
Have you seen guidance issued that others should be aware of? Share the details via our Guidance Spotting form.
Principles for Climate-Related Financial Risk Management for Large Financial Institutions
The joint principles on managing climate financial risks issued by the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC) and the Federal Reserve (The Fed) introduces the first set of nonfinancial environmental principles for large financial institutions to manage risks that may stem from climate change.
Protecting Medicaid Beneficiaries Against Impermissible Fraud and Abuse Sanctions
Centers for Medicare & Medicaid Services (CMS) guidance addresses sanctions, such as recoupments and lock-outs, that state Medicaid agencies apply to beneficiaries for alleged fraud or abuse.
Coverage of Services and Supports to Address Health-Related Social Needs in Medicaid and the Children’s Health Insurance Program
Centers for Medicare & Medicaid Services (CMS) guidance expands how states can use Medicaid and CHIP authorities, such as Section 1115 waivers, to fund services addressing Health-Related Social Needs (HRSN), including housing, utilities, and nutrition support.
Enforcement Guidance on Harassment in the Workplace
The US Equal Employment Opportunity Commission updated its guidance on harassment in the workplace by expanding sex to include gender identity, thereby redefining sex-based harassment to include behaviors such as misgendering; disclosing an individual’s prior gender identity; and denying individuals the bathroom, locker room, or other sex-segregated facility that corresponds to their chosen gender identity.
Indigenous Knowledge
The Council on Environmental Quality issued federal government-wide guidance directing all agencies to incorporate indigenous knowledge in federal research, policy, and decision making.