When a Nonprofit Receives a Congressional Letter or Request
Keep the full congressional letter or request, note the deadline, and contact qualified counsel. A voluntary request and a subpoena may have different implications. Staff should not decide how to respond from the subject line alone.
Organize the first review
Keep the complete communication, attachments, delivery information, and any stated deadline. Record when it was received and route it promptly to the authorized leader and counsel. Verify the sender through a reliable channel. Avoid opening unexpected attachments until their safety has been checked.
Ask counsel to assess the nature of the request, the issues raised, the applicable deadlines, and the options for responding. Identify a single coordinator so different staff do not send inconsistent replies. Do not assume that requesting assistance from a support network pauses a deadline.
Preserve records and coordinate the work
Obtain legal direction about preservation, including email, shared files, messages, and relevant material held by vendors or individuals. Pause applicable routine deletion when counsel directs. Do not delete, edit, or reorganize potentially responsive records in an effort to improve how they look.
Map the people and systems that may hold relevant information without starting an uncontrolled document production. Counsel should guide collection, review for privilege and confidentiality, and any response. Plan for the staff time and outside support the work may require.
Use focused investigation resources
The Democracy Protection Network application is a starting point for eligible organizations seeking coordinated support. Review its current eligibility and intake information. The network’s assistance can involve several disciplines, but an application is not representation or an extension of a response deadline.
Protect Democracy’s Nonprofit Investigations Toolkit includes materials for organizations facing congressional and other government inquiries. Use it to organize questions for your lawyer. The U.S. Center for Nonprofit Law trackers provide broader context; other organizations’ experiences do not determine the legal answer in your matter.
Prepare accurate communications
Designate a spokesperson and a process for approving updates. Separate confirmed facts from assumptions about the request or its purpose. Prepare for staff, board, funder, and media questions with counsel’s input, protecting confidential information and avoiding commitments the organization has not approved. Keep an action log and review it as the matter develops. This is general preparation guidance; a lawyer must assess the specific request.
Explore the Nonprofit & Foundation Resilience guide for related resources. For strategic or crisis communications support, contact Caitlin at CBKStrategies.
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