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Washington County staff warn proposed SAM.gov attestations could jeopardize federal funding; March 30 comment deadline
Summary
County staff told commissioners a proposed federal SAM.gov rule would require registrants to attest to compliance with certain executive orders (including immigration-related items); because Oregon limits local cooperation with federal immigration enforcement, staff said the rule could create conflicts and risk federal funding eligibility and they will prepare comments by the March 30 deadline.
County staff alerted commissioners on March 17 to a new, time-sensitive federal rulemaking involving the System for Award Management (SAM.gov). The proposal would require entities that register to receive federal funds to attest to compliance with a set of federal executive orders covering topics such as diversity, equity and inclusion, immigration-related cooperation and anti-terrorism measures. Staff said those attestations could clash with Oregon law limiting local support for federal immigration enforcement, creating potential complications for county eligibility for federal grants.
Staff said the rule is at the notice-and-comment stage and the comment period closes March 30. Grants coordinator Marne Kyle is leading county work on a draft comment letter, and county counsel is reviewing legal risks. Staff told the board they do not yet know whether existing subrecipient agreements would require immediate re-certification should the rules be adopted.
County counsel advised commissioners the proposed requirements may raise legal questions and could be the subject of later litigation. The board directed staff to move quickly: county staff will circulate a draft comment for review and suggested the board consider a special meeting or an emergency session if commissioners want to weigh in formally before the March 30 deadline.
Staff also said they were coordinating with statewide partners and nonprofit associations that are drafting comments, and that they would provide the board with briefing materials and a final county comment before filing.
