NSGP Update

In August, JCPA sent a letter expressing our concern with the confusion many Jewish communities were experiencing around the immigration and DEIA requirements in the terms and conditions for the Nonprofit Security Grant Program (NSGP), and asking for them to be waived. We have been in contact with DHS since then and received a response to our concerns. We wanted to follow up to share some more information we hope will help your communities.

1. Immigration

DHS recognized the confusion created by the two different versions of the Notice of Funding Opportunity and clarified that “the provisions in the Department of Homeland Security’s (DHS’s) Standard Terms and Conditions requiring ‘Communication and Cooperation with DHS and Immigration Officials’ and the related immigration certification do not apply to NSGP awards. We regret any confusion caused by earlier language and are working to ensure that all published materials are consistent moving forward.”

This means that the requirements for document sharing or other forms of cooperation do not apply. However, those receiving funding will still have to provide the following details:

• “Whether the subrecipient’s work or mission involves supporting aliens, regardless of whether FEMA funds support such activities.”
• “Whether the payment request includes an activity involving support to aliens.”

2. DEIA

The conditions prohibiting “illegal DEIA” remain in effect, and DHS said they “recognize the concern caused” by this language, and clarified that it “applies only to activities that would otherwise violate federal nondiscrimination statutes or constitutional requirements, not to lawful community or religious programs.” The Department of Justice in July issued a memo that gives examples of how they understand “illegal DEIA.”

However, we want to remind you that DEIA work is legal and the Legal Defense Fund has put together a response to that memo to help you understand the facts about what organizations are and are not permitted to do according to existing case law. You can read the LDF memo here.

3. Next Steps

States are still waiting on guidance from FEMA, including a deadline for submission and clarification on the terms and conditions. Because of this lack of guidance, some states have already closed their application processes while others have just started or have still not even opened the application process yet.

In their response, DHS said they “recognize the time-sensitive nature of the NSGP application process and the importance or certainty for faith-based institutions. To that end, the Federal Emergency Management Agency (FEMA) and DHS will be issuing updated clarifying guidance to ensure that all applicants and recipients understand which terms and conditions may apply.” Once we receive this updated guidance, I will share with you all to make sure you have seen it.

We know that the lack of guidance has caused some confusion and we will continue to work with our partners to ensure communities have the most current and helpful guidance. While we wait for the update, we want to again emphasize the importance of NSGP and the need for as many communities as possible to apply—both to ensure their safety and to help demonstrate the need for more NSGP funding. And we want to reiterate that the terms and conditions do not apply until an organization accepts the funding, which means there is still time for the government to revise these conditions.

JCPA will continue to follow this issue and share updates. For more information, reach out to JCPA Director of Advocacy and Public Affairs Benjamin Suarato at bsuarato@thejcpa.org.