NEA Modifies Compliance Requirements for First Step of Grant Applications

March 10, 2025

Today the National Endowment for the Arts (NEA) published further updates to the FY26 grant application process in response to recent legal action. On March 6, the American Civil Liberties Union filed a federal lawsuit on behalf of Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, and the Theater Communications Group, challenging the NEA’s implementation of a “gender ideology” funding prohibition and the requirement for all grant applicants to certify the understanding that “federal funds shall not be used to promote gender ideology.” 

Pending the outcome of litigation, the Assurance of Compliance, a set of agreements required for grantees, has now been modified to specify that the provision related to gender ideology is not currently a required “certification,” 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. PLEASE NOTE: Pending the outcome of litigation in the United States District Court of Rhode Island, Case No.1:25-cv-00079-WES-PAS, the NEA is not currently requiring any grantee to make any “certification” or other representation pursuant to Executive Order 14168. 

The underlying prohibition on using NEA federal funds to “promote gender ideology” still remains the subject of pending court action. The next hearing date in the case is scheduled for March 27. 
 
Applicants intending to participate in this first round (also referred to as the March Cycle or GAP 1) of FY26 Grants for Arts Projects must take the first step by completing an application package on Grants.gov by Tuesday, March 11. The form requires applicants to agree that if they accept an award they will comply with the terms of the Assurance of Compliance.   The NEA has announced that Part 2 of the GAP 1 process, which entails submitting full application details to the NEA Applicant Portal, has now been extended from March 24 to April 7. Please refer to the NEA’s GAP page for the complete timeline, review the updated Assurance of Compliance page, and see the League’s NEA Grants Application page for ongoing updates.