State of Play: Temporary Pause of Agency Grants, Cooperative Agreements, Loans, and Other Financial Assistance Programs

UPDATE: As of 5:00 PM EST on January 28, a federal judge has temporarily blocked the Trump administration from enforcing the freeze detailed below.  This situation is ongoing and clients should still prepare accordingly.

On Monday evening, the Office of Management and Budget (OMB) ordered all federal agencies to temporarily suspend grants, cooperative agreements, and loan payments, with the exception of Social Security, Medicare, and “assistance provided directly to individuals.”  In the internal memo, OMB’s Acting Director, Matthew Vaeth, calls for each agency to undertake a comprehensive analysis to ensure all financial assistance programs comply with the Administration’s Executive Orders. The pause applies to an estimated 2,600 accounts across the federal government, and details are still being worked out on federal funding that is statutorily obligated.

While intended to be temporary, the duration of the pause may vary by Department and program. Each federal department and agency are likely to interpret its scope and requirements differently and prioritize review of certain programs before others. This pause may have a profound effect on clients who were expecting to receive federal funds within the next two to six weeks. While the pause has the potential to affect any business or entity receiving federal funding, clients receiving such funds as part of programs related to DEI initiatives, foreign aid, or federal clean energy investments, specifically electric vehicles, may be most impacted.

Some of the questions agencies must answer in the report for OMB include whether or not the program supports illegal immigrants, if the program supports abortion, gender ideology or DEI initiatives, or if the program supports activities that impose an undue burden on the identification, development, or use of domestic energy resources. It is important to note that only a handful of President Trump’s cabinet secretaries and agency heads have been confirmed, making this process all the more complicated.

Key Facts

• All affected federal assistance will be paused starting today, January 28, at 5:00 pm ET.
• This affects ALL federal agencies.
• The government-wide freeze is temporary and is intended to allow each agency to conduct a comprehensive analysis of all federal financial assistance programs to identify programs, projects, and activities that may be implicated by any of the President’s Executive Orders.
• Agencies have until February 10, 2025, to submit to OMB detailed information on each program subject to this pause.

The freeze will include:

• Issuance of new awards;
• Disbursement of Federal funds under all open awards; and
• Other relevant agency actions that may be implicated by Trump’s Executive Orders until OMB has reviewed and provided guidance based on what is received.

Could this Affect You?

Yes, if your business receives federal grants, cooperative agreements, or loans, the pause will almost certainly affect you until at least February 10th and potentially beyond.  If your company is concerned about the funding pause, or you are impacted by any of the recent Executive Orders, it is critical to determine the risk posed by the pause or Executive Order and to develop a response that evaluates both their legal and political options.

About Foley’s Public Affairs Team

Foley’s Public Affairs team can help you navigate the uncertainty of the federal grant and loan pause in the following ways:

Advocacy: The best chance of getting funding restored quickly is to engage executive branch leadership and Congress. Our team has deep connections with the Trump administration and Members in both chambers of Congress as well as congressional committee staff. 

Strategy: It is imperative to have an “all of the above” strategy. One that takes into account your legal rights under the grant program or terms of the loan, how the funding program can be aligned with the Administration’s policy priorities, and lobbying opportunities. Developing a plan of action is the first step – Foley Federal Public Affairs team has the insight and the experience to help craft and execute a successful strategy.

Process: Understanding regulatory and legislative processes, interpreting executive orders, and meeting with the right public officials will be key to navigating the next few months.months.