More than 100,000 pieces of guidance exist, but most are not easily found online. This tracker strives to identify as much guidance as possible that we believe appears to cross the line into illegal rulemaking.

Because the primary goal of the tracker is to alert state and local leaders about illegal guidance, search efforts will focus on federal agencies and sub-agencies that have the greatest impact on state and community governance.

All suspect guidance that is discovered is included in this tracker, regardless of policy intentions. The goals behind a piece of guidance are irrelevant, the law is clear: If it constitutes the formulation of a new rule, rather than clarification of existing one, it is a violation of federal law. Allowing agencies to make rules illegally, even if one agrees with the content of those rules, undermines America’s representative democracy.

You can help further our effects by reporting potentially illegal guidance for review through the Guidance Spotter.