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The National Council of Nonprofits and Legal Defense Fund are seeking signers to a national letter opposing new federal General Services Administration guidelines regarding diversity, equity, inclusion, and accessibility, undocumented immigration, and terrorism.
According to a blog post by the National Council of Nonprofits, the proposed regulations under the System for Award Management (SAM) require all federal grantees, including nonprofits, state, local, and Tribal government, and other entities, to sign new certifications under the threat of civil and criminal penalties before applying for or receiving federal resources, including grants, cooperative agreements, and other assistance.
These certifications attempt to align with President Donald J. Trump’s executive order and the U.S. Department of Justice guidance claiming “illegal” diversity, equity, inclusion, and accessibility, undocumented immigration, and terrorism. For more information, read the proposed changes and supporting materials.
The process exposes grantees to possible legal harassment, which may force them to spend time and resources defending themselves in audits, investigations, and court. Leaders at grantees might decide that it is not worth the risk and will forgo applying for federal resources altogether, leading to service disruptions in communities and states nationwide, impacting housing, community development, health, education, food, shelter, community services, disaster recovery, and more, according to the National Council of Nonprofits.
The letter makes seven points:
* These proposed changes are contrary to federal law because the executive branch does not have the authority to add across-the-board terms and conditions to any potential applicant;
* The proposed changes are vague, making it nearly impossible for nonprofits to know whether they are in compliance. Many nonprofits would need to spend scare resources to consult with attorneys just to understand what is required of them, and the revised certification does not define “diversity, equity, inclusion, and accessibility,” or explain which executive orders are “relevant” and must be followed;
* The proposed changes expose nonprofits to possible legal harassment. The certifications are unclear and do not align with how courts have ruled;
* The proposed changes insert politics into federal programs. The proposed changes open the door to this and future administrations changing grant certifications to advance policy outcomes they cannot achieve legislatively;
* The proposed changes force nonprofits to choose between applying for critical community resources from the federal government and their deeply held values and beliefs.
* The proposed changes threaten civil and criminal penalties, deterring participation in federal programs. By threatening personal criminal exposure, many effective and well-qualified nonprofits may decide it is not worth the financial and legal risk to apply for federal grants, especially if the certifications are unclear; and,
* The proposed changes undermine the effectiveness of federal programs and harms communities.
The public has until March 30 to submit public comments in opposition to the proposal. National Council of Nonprofits suggests:
– Sign a national letter led by the National Council of Nonprofits and Legal Defense Fund opposing the proposed changes: https://lnkd.in/eBcjM77W
– Submit a comment letter using NCN’s comment guide, which includes talking points, instructions, and more information: https://lnkd.in/e8x72TN8
– Email your members of Congress and urge them to help protect nonprofit grantees and the communities they serve: https://lnkd.in/ediqx-hy
