Background
The General Services Administration (GSA) has proposed requiring 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 Trump’s executive order and the U.S. Department of Justice guidance misrepresenting “illegal” diversity, equity, inclusion, and accessibility, undocumented immigration, and terrorism. For more information, read the proposed changes and supporting materials.
Why it Matters
These changes create significant legal and financial risks to many nonprofits that provide communities access to critical services. The new certifications are vague and complex, making it very hard to tell if grantees are in compliance. Additionally, these proposed changes open up nonprofits to potential legal harassment and time spent on unnecessary audits, investigation, and litigation.
Ultimately, these proposed changes will negatively impact the nonprofit communities that TSNE partners with and serves, who rely on federal grants for the essential services they provide.
TSNE’s Public Comment
TSNE has signed onto a national letter led by the National Council of Nonprofits (NCN) and Legal Defense Fund, which lays out the following key points:
- The proposed changes:
- Are contrary to federal law;
- Are vague, making it nearly impossible for nonprofits to know whether they are in compliance. Many nonprofits would need to spend scarce resources to consult with attorneys just to understand what is required of them;
- Expose nonprofits to possible legal harassment;
- Insert politics into federal programs;
- Force nonprofits to choose between applying for critical community resources from the federal government and their deeply held values and beliefs;
- Threaten civil and criminal penalties, deterring participation in federal programs;
- Undermine the effectiveness of federal programs and harm communities.
You can find out more information about the national letter and the proposed changes here.