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Changes at the National Endowment for the Arts (as of May 5, 2025)
Action Alert!
Contact Congress today and ask them to continue their bipartisan support of the National Endowment for the Arts. If you had a grant cancelled, this is also an opportunity to tell your federal elected officials about the loss of funding in their district.
NEA Cancels Countless Grants
On Friday evening, May 2, the NEA sent letters across the country, cancelling current grants and rescinding grant offers, stating that those projects no longer align with the Administration’s priorities, as outlined below.
The NEA is updating its grantmaking policy priorities to focus funding on projects that reflect the nation's rich artistic heritage and creativity as prioritized by the President. Consequently, we are terminating awards that fall outside these new priorities. The NEA will now prioritize projects that elevate the Nation’s HBCUs and Hispanic Serving Institutions, celebrate the 250th anniversary of American independence, foster AI competency, empower houses of worship to serve communities, assist with disaster recovery, foster skilled trade jobs, make America healthy again, support the military and veterans, support Tribal communities, make the District of Columbia safe and beautiful, and support the economic development of Asian American communities. Funding is being allocated in a new direction in furtherance of the Administration’s agenda.
Organizations that received a termination letter or notice of withdrawal may appeal the determination within 7 calendar days of receiving the notice, which would be by this Friday, May 9th. Some organizations may want to appeal if they can make a strong case that their project aligns with the new agency priorities. However, of course, there is no guarantee that appeals will be granted.
Guidance & Resources re NEA Changes
Many questions remain as we unpack the ongoing changes. In the meantime, there are a few resources that may prove useful:
What to Do When Your Federal Grant or Contract is Terminated:
Checklist by the National Council of Nonprofits
Guidance from Holland & Knight Law Firm
NEA Staff Departures
All discipline directors at the NEA have announced their decision to select deferred resignation, stepping down by the end of May 2025. As previously planned, Ann Meier Baker, the NEA Director of Music and Opera, retired from her position at the end of April.
State & Regional Partnership Agreement Grants
At the moment, the State & Regional Partnership Agreement Grants are still in place. We will continue to monitor this program as the choral community benefits from state and regional government grants.
Administration Proposes NEA Elimination
On Friday morning, May 2, the President released his FY26 budget, which proposes elimination of the National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), and the Institute of Museum of Library Services (IMLS). Despite previous White House attempts to eliminate the cultural agencies over the years, the agency’s bipartisan support in Congress has always prevailed.
Overview of the President’s Executive Orders
Since taking office, President Trump has issued numerous Executive Orders and Memos to implement his agenda. Executive Orders (EOs) are a common Presidential tool. However, the flurry of EOs and the fact that many of the EOs’ legality is under scrutiny, is creating intense confusion for many. We hope these resources provide some guidance and clarity in this complex environment.
What is an Executive Order?
Source: American Bar Association
FAQs on the Executive Orders for Nonprofits
Source: National Council of Nonprofits
Chart Tracker - Executive Orders and Legal Cases (this link is updated frequently)
Source: National Council of Nonprofits
Guidance on DEI during the Trump Presidency
President Trump and his Administration have sought to eliminate diversity, equity, and inclusion (DEI) throughout the federal government by removing DEI-related staff positions, programs, and banning the use of certain words.
The following resources provide guidance to nonprofits and employers related to DEI Executive Orders.
DEI in the Crosshairs of the Administration
Source: Tenenbaum Law Group
DEI Initiatives: Know How to Mitigate Risk
Source: The Nonprofit Times
What Is "Illegal DEI?" Key Takeaways for Employers in Light of Litigation and Guidance Issued by the Federal and State Governments
Source: National Law Review
State Attorney Generals Provide Guidance - DEIA Employment Initiatives
Source: Coalition of 16 state attorneys general
DEI Training is Not Inherently Unlawful
Source: The Employer Handbook Blog
Settlement Update on the Fearless Foundation
Source: Council on Foundations
Is My Tax Exempt Status at Risk?
The President's Administration is increasing its scrutiny of the nonprofit, tax-exempt sector. The process to revoke a nonprofit's tax exempt status is a legal and administrative process at the IRS and the Executive Branch does not have the authority to unilaterally revoke tax-exempt status. The National Council of Nonprofits and various legal firms have created resources to help answer this question. See below:
Resources:
Guidance for the LGBTQ+ Choral Community
Understanding the Executive Orders and What They Mean for the LGBTQ Community
Source: Human Rights Watch
Information for LGBTQ People Under the Trump Administration
Source: GLAD: GLBTQ Legal Advocates and Defenders
Overview of President Trumps Executive Actions Impacting LGBTQ Health
Source: KFF: The independent source for health policy research, polling, and news.
Federal Agency Provides Two-Sex Definitions
Source: U.S. Department of Health and Human Services
Sex Markers in Passports
Source: U.S. Department of State - Consular Affairs
As a Nonprofit, Am I Allowed to Advocate and Lobby? Yes!
Many choral organizations and their constituents may be operating under a false belief that they cannot advocate or lobby. That is not true. According to the IRS, tax exempt organizations can seek to influence legislation that is mission related as long as the organization does not spend a substantial amount of its annual expenditures on lobbying expenses.
Tax exempt organizations can also conduct unlimited issue advocacy, including providing resources, education, and bi-partisan information to policy makers and the public.
What can choral organizations not do? Influence an election! Do NOT engage in partisan electioneering. Do NOT try to get one candidate elected over another. Just stay neutral and be a source of education and information during an election.
Read the IRS Resource here.
How Do I Contact My Legislators?
1. Find contact information for your policymakers here.
2. Write them an email or call their DC and district office.
- Tell them you are a constituent in their district.
- Tell them why you are contacting them (impact on your work from a new policy, etc.)
- Be specific (We have lost a grant worth $X; We had to cancel a tour; etc.)
- Invite them to your performances
3. Thank the Legislator and their staff for their work to represent you.
Immigration-Related Resources
How Employers Can Prepare for U.S. Immigration and Customs Enforcement Audits and Raids
Source: Holland & Knight Law Firm
New Form I-129 for Foreign Guest Artists Entering United States
Source: Artists From Abroad: Complete Guide to Immigration and Tax Requirements
Know the Law: Anti-Discrimination Laws & Resources
Prohibited Employment Policies and Practices
Source: U.S. Equal Employment Opportunity Commission
Title VII of the Civil Rights Act 1964
Source: U.S. Equal Employment Opportunity Commission
Messaging
Arts and Creativity Strengthen Our Nation
Source: The National Assembly of State Arts Agencies
The Fierce Urgency of Now - Messages that Advance Diversity & Equal Opportunity
Source: The Leadership Conference on Civil and Human Rights
The Legal Landscape Around DEI Is Shifting: Your Messaging Should, too.
Source: The Harvard Business Review
Resources compiled by government affairs consultant Amy Fitterer. We gratefully acknowledge our colleagues at the League of American Orchestras and other members of the Performing Arts Alliance (PAA) for their collaboration and sharing of resources.