County staff to draft factual comment on proposed federal uniform-guidance changes after legal concerns raised

County contracts staff briefed council on a proposed federal change that would convert the existing federal uniform guidance into a regulatory framework with greater enforcement, broader pre-award review authority and new compliance requirements.

Diane, the county's new contracts staffer, said the revision would be the most extensive update since 2014: it would harden guidance into rules, require countywide adoption by subrecipients, expand pre-award and termination authority, increase verification requirements (including payment verifications and E-Verify in some circumstances), and tie grant compliance to executive-order priorities such as certain DEI and immigration-related criteria.

Legal counsel Amber Smith warned the council that adopting a regulatory framework could create conflicts with Washington state law in areas such as immigration and trigger liability concerns (including False Claims Act exposure) if the county certifies compliance while its policies differ. Councilors expressed a range of views: some urged caution about signing a strongly worded opposition letter because of potential funding repercussions, while others supported submitting a respectful factual comment describing administrative burden and unanswered questions.

Outcome: council authorized staff to draft a factual, nonconfrontational comment describing operational impacts and legal uncertainties and to submit it before the July 13 comment deadline. Staff will refine language and circulate a draft for review; three council members indicated they would allow their names on the letter, while others preferred not to be signatories.