Grantee and Sponsor Guidance on Compliance

The President of the United States manages the operations of the Executive branch of government through executive orders and memoranda. Executive orders and memoranda are written directives, signed by the president, that order the government to take specific actions to ensure “the laws be faithfully executed.”  

Information about presidential actions, including executive orders and memoranda is available on the White House website.   

AmeriCorps, as part of the Executive branch of government, must comply with all applicable executive orders and memoranda. No AmeriCorps funding may be spent on any activity not compliant with the applicable executive orders and memoranda.   

All aspects of AmeriCorps grants/awards must comply with President Trump’s executive orders, including, but not limited to:  

• Grant applications for AmeriCorps resources  
• Activities performed by AmeriCorps members/volunteers 
• Training provided to members/volunteers 
• Program materials, such as volunteer/member applications, enrollment forms, service opportunity listings, and handbooks 
• Social media and website posts about your AmeriCorps award  

Grantees/sponsors must also ensure all sub applicants/volunteer stations/operating sites/host sites are compliant with applicable executive orders through their memorandum of understanding and subsite monitoring.   

• Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government – The White House  
  
  Per the Trump-Vance Administration: 
  • It is the policy of the United States to recognize two sexes, male and female.   
  • “Sex” shall refer to an individual’s immutable biological classification as either male or female.  “Sex” is not a synonym for and does not include the concept of “gender identity.” 
  • When administering or enforcing sex-based distinctions, every agency and all Federal employees acting in an official capacity on behalf of their agency shall use the term “sex” and not “gender” in all applicable Federal policies and documents. 
  • Federal funds shall not be used to promote gender ideology.  Each agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.  
     
• Unleashing American Energy – The White House
  
  Per the Trump-Vance Administration: 
  • (b)  All activities, programs, and operations associated with the American Climate Corps, including actions taken by any agency shall be terminated immediately.    
     

AmeriCorps is aware of the preliminary injunction related to the two DEI-related executive orders.  In accordance with the preliminary injunction, no additional action is needed at this time and you may continue with grant activities. Upon the resolution of the preliminary injunction AmeriCorps will follow up with additional instructions.

• Ending Radical And Wasteful Government DEI Programs And Preferencing – The White House  
  
  Per the Trump-Vance Administration: 
  • (i) terminate, to the maximum extent allowed by law, all DEI, DEIA, and “environmental justice” offices and positions (including but not limited to “Chief Diversity Officer” positions); all “equity action plans,” “equity” actions, initiatives, or programs, “equity-related” grants or contracts; and all DEI or DEIA performance requirements for employees, contractors, or grantees.  
     
• Ending Illegal Discrimination And Restoring Merit-Based Opportunity – The White House  
  
  Per the Trump-Vance Administration: 
  • (iv) The head of each agency shall include in every contract or grant award:  
    (A)  A term requiring the contractual counterparty or grant recipient to agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and  
    (B)  A term requiring such counterparty or recipient to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.  

Yes, the executive orders generally apply to federally recognized Tribes; however, it is important to note that preferences for members of federally recognized Tribes and services provided for members of federally recognized Tribes may not fall within the scope of the two executive orders related to diversity, equity, and inclusion (DEI). Federally recognized Tribes enjoy a unique legal and political relationship with the United States. Any preferences for providing services to members of federally recognized Tribes that may be included in a grant do not legally fall within the scope of “DEI”; rather, those preferences are based on political, rather than racial, distinctions. Grants that label such preferences as “DEI” or “equity” may need to be amended to clarify that the distinction is not a racial one. If you have questions, please feel free to reach out to nativeamericanaffairs@americorps.gov.