The Trump administration was known for reducing bureaucratic obstacles. Another significant issue within the realm of federal grants is the excessive conditions that federal agencies impose on state recipients. The White House Office of Management and Budget (OMB) has proposed a solution to this problem.
In May, the OMB announced a new proposal: Regulation for Federal Financial Assistance. This regulation aims to eliminate unlawful requirements that federal agencies have attached to grants over the years, freeing states from these burdens. For instance, states will no longer need to apply disparate impact liability theory, which often distracts from the primary intent of the grants.
The Federalism Scorecard, an initiative by my organization, scores states based on their policies to protect citizens from federal overreach. One key factor is whether state legislatures decide affirmatively to accept federal grants and their conditions. Encouragement is directed toward states to join the 17 already requiring legislative approval for federal grants. By tracking these requirements, both the Center and states have discovered conditions attached to federal grants that are neither reasonable nor expected.
Examples highlight the issue:
- The Department of Housing and Urban Development’s 2023 homelessness services grant required applicants to address climate resilience.
- The Department of Education provided competitive favoritism to projects implementing “culturally informed discipline policies” and “energy-efficient spaces.”
- The Department of Agriculture required projects advancing climate change, equity, and environmental justice as priorities.
Some requirements may seem acceptable, but it is unlikely Congress intended for unrelated policy strings to accompany grants. These new limitations promise to concentrate on the original purpose of federal grants, reducing costs, and expediting the process.
“The James Madison Institute estimated that Florida spends 40 cents for every federal grant dollar accepted.”
The new regulatory shift by the OMB helps states avoid spending excessive amounts of their own funds to meet federal requirements. Agencies will still be able to mandate reporting to ensure proper use of funds, preventing fraud and illegal activities.
The proposed regulation aligns grants precisely with congressional intentions. It prevents states from performing illegal acts or promoting political ideologies solely to access federal funds, ensuring effective support for state programs.
Jonathan Wolfson is a senior fellow at the State Policy Network’s Center for Practical Federalism.
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