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National · Policy & Funding

OMB's Proposed Uniform Grants Guidance Overhaul Draws Nearly 500,000 Comments, Targets Oct. 1 Implementation

The proposed rule would convert federal grant guidance into binding regulation, add political appointee review of discretionary awards, and restrict DEI and conference spending. Public comments closed July 13 with nearly 500,000 submissions, mostly opposed.

Public comments on Uniform Guidance revisions2,2002024 revision496,7692026 proposed rule
Original Research by SchoolDecision.com
The number of public comments on the 2026 proposed rule far exceeded the number on the 2024 revision. [4]

On May 29, 2026, the Office of Management and Budget published a proposed rule in the Federal Register that would overhaul the Uniform Grants Guidance, the administrative framework governing all federal grantmaking. The rule, jointly issued with about 40 federal agencies, would convert the existing non-binding guidance into a binding regulation called the Uniform Grants Regulation, giving OMB's future rulemaking automatic legal effect across all agencies without the need for each agency to adopt it separately. (Source 1, 2)

The public comment period closed July 13, 2026, with 496,769 comments submitted to the docket, compared with approximately 2,200 comments on the last revision of the Uniform Guidance in 2024. (Source 4)

What the rule would change

The proposed rule would require each federal agency to designate a senior political appointee to conduct a pre-issuance review of all discretionary awards, applying principles that awards must demonstrably advance the President's policy priorities. (Source 2) It would prohibit using federal awards to fund DEI initiatives, gender ideology as defined by Executive Order 14168, transition of a child under 19 under Executive Order 14187, disparate-impact liability, and other initiatives that compromise public safety or promote anti-American values, though the rule generally does not define those terms. (Source 3) Conference and advertising costs would become unallowable without pre-approval from the awarding agency. (Source 3) States would be required to conduct additional verification before disbursing federal grant funds to school districts. (Source 3) The rule would also allow agencies to terminate awards at their discretion if the award no longer effectuates program goals, agency priorities, or the national interest as they exist at the time of termination, with no minimum notice period or appeal process specified. (Source 2) Portions of the changes apply to formula grants including Title I and IDEA, while Impact Aid and the National School Lunch Program are partially exempt. (Source 3) OMB has proposed an effective date of October 1, 2026, for the final rule. (Source 2)

Public response

496,769Public comments submitted on the proposed rule [4]
95 percentof the first 52,322 posted comments opposed the rule, per STAT/UNC analysis [4]

An analysis of the first 52,322 posted comments, conducted by STAT and researchers at the University of North Carolina at Chapel Hill, found that about 95 percent opposed the proposed rule and about 1 percent supported it. (Source 4) A separate analysis by TechPolicy.Press of all posted comments found roughly 94 percent opposed and 6 percent supported, with form letters making up about 16 percent of comments. (Source 5) Support was almost entirely organized, with nearly nine in ten supportive comments coming from a single form-letter campaign, while opposition was mostly grassroots. (Source 5)

Comparative precedent

The most recent prior update to the Uniform Guidance, in 2024 under the Biden administration, drew about 2,200 comments. (Source 4) The Trump administration's attempts to mass terminate grants in 2025 and 2026 resulted in multiple lawsuits, and the proposed rule's discretionary termination provisions are described as a direct response to those legal challenges, providing a regulatory framework for termination for convenience similar to clauses in the Federal Acquisition Regulation for government contracts. (Source 2) The proposed conversion of the Uniform Guidance into a binding regulation mirrors the structure of the Federal Acquisition Regulation, which serves as baseline procurement regulations for all federal agencies and is supplemented through agency-specific regulations such as the Defense FAR Supplement. (Source 8)

Education sector reaction

The National Education Association, representing about three million members, submitted comments in strong opposition, arguing the rule would fundamentally reshape the rules governing how federal grants are awarded, administered, monitored, suspended, and terminated by expanding political review and diminishing the role of independent expert review. (Source 6) Three education research organizations—the National Academy of Education (signed by 19 other groups), the American Educational Research Association, and the Knowledge Alliance—asked for the entire proposal to be withdrawn. (Source 7) They argued the pre-issuance review requirement could reduce the role of independent scientific review, the DEI and disparate-impact restrictions could narrow the questions researchers study, and the alignment-with-federal-priorities requirement could give political considerations too much influence in funding decisions. (Source 7) The Education Department and the National Science Foundation have already begun advancing adoption of the UGG changes in their own regulations, ahead of the final rule. (Source 3)

Analysis

By the School Decision Newsroom. Notes marked Inference reach a conclusion the cited sources do not state.

Courts already struck down the grant terminations this rule is built to legitimize.

The proposed discretionary termination framework is a direct response to lawsuits over the 2025 mass terminations, and those lawsuits mostly went against the government. In May 2026, the Ninth Circuit affirmed that viewpoint-based DEI terminations likely violate the First Amendment. The Southern District of New York granted summary judgment against NEH's mass terminations on First Amendment, equal protection, and ultra vires grounds, finding DOGE officials exercised decisive authority without statutory backing. The rule tries to build regulatory scaffolding around an approach judges have already found unconstitutional on the merits.

Inference[9][10]

The 496,769 comments have less legal force than they appear to.

Under the Administrative Procedure Act, rules concerning grants are exempt from the general notice-and-comment requirement. OMB solicited comments voluntarily and is not obligated to respond to them individually. The preamble of the final rule may group comments and respond collectively, but the submissions do not force OMB to alter the proposal. They create a political record and preserve arguments for future litigation. The binding constraints are a congressional override or a court challenge after the final rule issues.

Title I and IDEA money flows through the new verification layer, not just research grants.

The Education Department's own guidance confirms the Uniform Guidance already applies to formula grants including Title I and IDEA. The proposed rule adds a state verification requirement before disbursing federal funds to districts, and portions of these new provisions extend to those formula programs. For a family whose child receives special education services or attends a Title I school, the practical exposure is slower disbursement and administrative uncertainty, not just a distant debate about research grants. Impact Aid and school lunch programs are partially exempt.

Inference[3][12]

Sources

  1. Federal Register. Regulation for Federal Financial Assistance View
  2. McDermott Will & Emery. OMB proposes major overhaul of Uniform Guidance View
  3. Education Week. Big Changes to Federal Grants Are Coming: What They Could Mean for Schools View
  4. American Institute of Physics. Proposed Grantmaking Reforms Prompt Huge, Negative Response View
  5. TechPolicy.Press. The Public Rejects OMB's Federal Financial Assistance Rule View
  6. National Education Association. OMB-2026-0034; Regulation for Federal Financial Assistance — NEA Comment View
  7. The Hechinger Report. Education researchers warn political review of federal grants could reshape what gets studied View
  8. Venable LLP. The Administration's Proposed Revisions to the Uniform Guidance Are Here! View
  9. U.S. Court of Appeals for the Ninth Circuit. Thakur v. Trump, No. 25-4249 (May 26, 2026) View
  10. U.S. District Court, Southern District of New York. ACLS v. NEH, No. 25-cv-3923, Opinion and Order Granting Summary Judgment View
  11. Congressional Research Service. May 2026 Proposed Rule on Uniform Guidance for Federal Grants: Summary of Selected Changes View
  12. U.S. Department of Education. FAQs: 2 CFR Part 200 Uniform Guidance (July 2024) View
OMB's Proposed Uniform Grants Guidance Overhaul Draws Nearly 500,000 Comments, Targets Oct. 1 Implementation | School Decision