New Proposed Rulemaking Targets Federal Grants

Dominique L. Casimir and Shane A. Pennington ●

On May 29, 2026, the Office of Management and Budget (“OMB”) published a lengthy proposed rule in the Federal Register that would fundamentally transform the government-wide framework for federal financial assistance. Joined by virtually every grantmaking agency in the Executive Branch, the proposal seeks to revise Title 2 of the Code of Federal Regulations (the “Uniform Guidance”) in pursuit of three stated objectives: (1) improving transparency, accountability, and oversight for use of federal funds; (2) clarifying the regulatory status of the OMB requirements; and (3) reducing recipient burden.

Comments are due July 13, 2026, and may be submitted electronically via regulations.gov under docket OMB–2026–0034. OMB chose a 45-day comment period, and a final rule could be effective by October 1, 2026. Late comments will be considered “only to the extent practicable.”

What the Administration Is Seeking to Achieve

At its core, the proposed rule seeks to codify the policy directives from various executive orders into a durable regulatory framework that applies government-wide. OMB frames this as eliminating “wasteful spending” that became prevalent during the prior administration, ending what it characterizes as “unlawful DEI mandates,” “gender ideology,” and other “divisive doctrines.” The administration states that federal programs must be designed to achieve “essential public purposes authorized by law” while aligning with “administration policies and priorities.” The preamble reaffirms the view of OMB Director Russell Vought that the government’s ledger contains too much spending that is “wasteful,” “divisive,” or “woke.”

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OMB Embraces Government Use of Artificial Intelligence

Robyn N. Burrows and Sara N. Gerber

Last month, the Office of Management and Budget (“OMB”) issued a memorandum directing federal agencies to adopt artificial intelligence (“AI”) and advance its use to inform and carry out agency actions. OMB’s new policy addresses three main areas it views as necessary for responsibly deploying AI in agency decision-making: (1) strengthening AI governance; (2) advancing AI innovation; and (3) managing risks from the use of AI. With OMB encouraging the use of AI to streamline agency actions wherever possible, government contractors can also expect to see AI increasingly used in the procurement process.

AI Governance

OMB directed agencies to designate a Chief AI Officer whose responsibilities will include coordinating agency use of AI, developing a workforce with the skillsets necessary for implementing AI, and “identifying and prioritizing appropriate uses of AI that will advance both their agency’s mission and equitable outcomes.”

The Chief AI Officer is also tasked with ensuring that AI code and the data used to develop and test AI are inventoried and shared in data repositories. That individual must also prepare and submit annually to OMB an “AI use case inventory” documenting instances in which AI is used to address a particular need. For example, the Department of State’s (“DOS”) AI Inventory includes a bot that it developed “to automate the data entry in the Federal Procurement Data System” which the State Department reports has reduced the burden on the agency’s procurement staff and improved compliance on DATA Act reporting.

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OMB Issues Guidance on Application of Section 889 to Federal Assistance Recipients—and Confirms No Part B “Use” Prohibition

Robyn N. Burrows ●

On April 22, 2024, the Office of Management and Budget (“OMB”) issued final guidance regarding the application of the Section 889 telecommunications ban to federal grants, loans, and cooperative agreements under 2 C.F.R. § 200.216. As a quick recap, Part A of Section 889 prohibits contractors from providing the federal government covered telecommunications equipment and services from certain Chinese manufacturers, whereas Part B prohibits contractors from using covered equipment and services. Section 889 also applies to grant, loan, and cooperative agreement recipients and subrecipients through 2 C.F.R. § 200.216, with certain differences. Most notably, OMB recently clarified that the Part B “use” prohibition does not apply to recipients and subrecipients, meaning they may use covered telecommunications equipment and services as long as they are not purchased with federal funds.

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