Government Affairs Update: NEA Compliance Update, Guidance on Executive Actions, and White House Faith Office

The political landscape in Washington, DC continues to evolve daily. Chorus America needs to hear from you: How are the federal government’s actions affecting your work? All stories of specific impact are welcome. Please share your experience here. Thank you to those members who have already shared their stories with us. 

Theaters Sue the NEA

This morning, our colleague service organization Theatre Communications Group (TCG) joined an ACLU-led lawsuit challenging the National Endowment for the Arts’s (NEA) new Assurance of Compliance, which requires grant applicants to certify that they do not “promote gender ideology” and imposes restrictions on diversity, equity, and inclusion (DEI) initiatives.  Click here to read TCG’s press release sand the lawsuit. 

NEA Updates Compliance Language (Again!) 

The NEA recently updated its Assurance of Compliance language following a federal court’s ruling on February 21st that temporarily halted DEI-related Executive Orders (EO 14173 and EO 14151).  The updated NEA language states:

PLEASE NOTE: Due to the preliminary injunction issued on February 21, 2025, by the United State District Court for the District of Maryland, Case No. 1:25-cv-00333-ABA, the NEA is not currently requiring any grantee or contractor to make any “certification” or other representation pursuant to Executive Order No. 14173. This term will not apply to your award as long as this preliminary injunction remains in effect. 

A similar note has been added related to the DEI-related Executive Order No. 14151.

The NEA’s current language related to the gender ideology Executive Order is as follows:

The applicant understands that federal funds shall not be used to promote gender ideology, pursuant to Executive Order No. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

NEA’s Assurance of Compliance is available here. 

Federal Agency Issues Guidance with Two-Sex Definitions

On February 19, the federal health agency (HHS) released guidance meant for the “U.S. government, external partners, and the public” with a two-sex definition list.  Read the agency guidance here. 

This guidance follows the President’s three Executive Orders related to gender ideology: 

• Executive Order 14176Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. 

• Executive Order 14201Keeping Men Out of Women's Sports

• Executive Order 14187Protecting Children from Chemical and Surgical Mutilation

Earlier this week, the Senate voted down a bill that would ban transgender children from sports. You can read the Human Rights Campaign’ press release here.

General FAQs on Executive Actions Impacting Nonprofits

The National Council of Nonprofits has published a new FAQ page on the President’s Executive Actions and their impact on the nonprofit sector. The FAQs address topics such as DEI policies, tax-exempt status, and federal funding implications. You can read the NCN’s FAQs here.

Guidance for Choral Groups re ICE Actions

For choral groups seeking guidance on how to prepare for a potential visit from Immigration and Customs Enforcement (ICE), the Holland & Knight law group has compiled an FAQ for employers which includes definitions, pro-active compliance measures, and timely updates.  Visit the FAQ page here.

NEW - White House Faith Office – FAQ 

Last month, the President signed an Executive Order to establish a White House Faith Office.  The corresponding FAQ, which you can read here, includes the following statement:

The Office will coordinate with agencies on religious liberty training and on identifying and promoting grant opportunities for non-profit faith-based entities, community organizations, and houses of worship.

Chorus America will monitor this new White House Faith Office as it may result in new grant opportunities to organizations that present choral groups.