Court Action Prompts NEA Updates to Assurance of Compliance

February 28, 2025

As reported in the League’s Advocacy Update earlier this week, on Friday, February 21, a federal judge issued a preliminary injunction (PDF) blocking implementation of two executive orders (EO 14151, and EO 14173) attempting to terminate or change federal grants and contracts for programs related to diversity, equity, and inclusion. 

The National Endowment for the Arts (NEA) has updated its Assurance of Compliance information to include the following language, stating that EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, will not apply to awards while the preliminary injunction is in effect. The timing of further court action, is not yet known.

NEA Statement: 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.

We will keep you informed as further information becomes available, and all updates to NEA grant procedures are available on the League’s NEA Grant Application Process overview.