ASSURANCE OF COMPLIANCE: Certification FAQ

Date: 6/10/2025

Previously, there was a court injunction that prevented the implementation of these requirements. What is the status of that injunction? 
Federal agencies are now required to implement this executive order. In February 2025, a federal district court issued a preliminary injunction against Federal agencies implementing this certification requirement. However, the following month, the higher court temporarily paused enforcing the injunction pending the outcome of the appeal. The district court case is in the United States District Court for the District of Maryland, Case No. 1:25-cv-00333-ABA, and the appeal of that case is in the United States Court of Appeals for the Fourth Circuit, No. 25-1189.

Will these certifications change in the future? 
The NEA cannot predict or advise on the future action of any judicial body. Future court rulings may require further changes to the implementation of this certification term. We will promptly update the Assurance of Compliance page with any required information.

In plain language, what do these provisions mean if I apply for a federal award? 
There are two provisions you will have to certify to in the course of applying for, and receiving, a federal award. The first requires you to certify that your organization's compliance with federal anti-discrimination laws is material to our decision to issue any payment. The second requires you to certify that you do not operate any DEI programs that violate federal anti-discrimination laws.

Do I have to certify that I do not operate any DEI programs that do not comply with federal law even if those programs are not the subject of my federal award? 
Yes. The certification requirement requires you to certify that any DEI-related activity you conduct, regardless of its connection to your federal award, does not violate applicable federal anti-discrimination laws.

May I operate programs that "promote DEI" if I receive a federal award from the NEA? 
Yes, provided that your programs do not violate federal antidiscrimination laws. Applicants may not intentionally discriminate on the basis of race, color, or national origin in their programs or activities under federal law, whether or not those activities are funded by a federal grant. Whether or not a particular activity constitutes unlawful discrimination does not turn solely on whether it is labeled "DEI" or uses terminology such as "diversity," "equity," or "inclusion."

For example, applicants with programs focused on interests in particular cultures, heritages, and areas of the world would not in and of themselves violate Title VI, assuming they are open to all participants regardless of race, color, national origin, or other protected criteria.

How do I know if a DEI program violates federal antidiscrimination laws? The NEA cannot provide legal counsel to applicants, grantees, or other outside parties. If you are concerned that a program you are operating may violate federal antidiscrimination law, you may refer to public resources on these laws, or obtain private counsel. For more information about federal antidiscrimination laws that may apply to your award, you may visit the Office of Civil Rights’ webpage for Applicants & Recipients of Federal Financial Assistance.