GSA announces new DEI certifications for Federal grant recipients

The US General Services Administration (GSA) has published the additional representations and certifications that Federal financial assistance recipients will be required to make to implement Executive Order (EO) 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, 90 Fed. Reg. 8633 (Jan. 31, 2025). The revised certifications are only applicable to Federal financial assistance recipients as defined by 2 C.F.R. § 200.1, which largely encompasses grants and cooperative agreements and does not include procurement contracts under the Federal Acquisition Regulation.

If finalized, the revised certifications will be the first uniform, Governmentwide certification for Federal financial assistance recipients related to diversity, equity, and inclusion (DEI) programs. GSA’s notice does not provide any information regarding when the revised certifications will go into effect; however, the public comment period for the notice remains open through March 30, 2026. Federal financial assistance recipients, as well as those intending on applying to receive such assistance, should work with legal counsel to audit their DEI policies to ensure compliance with existing laws while maintaining alignment with company values.

In Depth

As we previously discussed, EO 14173 requires Federal agencies to 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.

EO 14173 was immediately challenged in Federal court, and on February 21, 2025, the US District Court for the District of Maryland granted a nationwide preliminary injunction that paused enforcement of the certification provision above, among other provisions in the EO. The US Court of Appeals for the Fourth Circuit quickly granted a stay of the preliminary injunction pending appeal on March 14, 2025, allowing the implementation of the EO until a final ruling. On February 6, 2026, the Fourth Circuit vacated the nationwide preliminary injunction.

Since the stay of the preliminary injunction, centralized guidance on implementation of the provisions of the EO has been limited. In late March 2025, both the US Equal Employment Opportunity Commission and the US Department of Justice (DOJ) issued technical assistance documents to help inform what each agency views as “unlawful” discrimination related to DEI programs in the workplace. On July 29, 2025, the Office of the Attorney General issued a memorandum to all Federal agencies on “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” providing a list of practices DOJ deems unlawful violations of Federal antidiscrimination laws that could result in revocation of grant funding. None of this guidance addressed the certification provision of the EO leaving the implementation of such a certification provision to be managed by individual Federal agencies, with little consistency in the language of the provision or whether a provision was included at all.

On January 28, 2026, GSA published a notice of the new certification as a “revision to an existing information collection requirement regarding the pre-award registration requirement for Prime Financial Assistance Recipients.” 91 Fed. Reg. 3726 (Jan. 28, 2026). GSA provided the text of the certification on www.regulations.gov, No. 3090-0290, on February 10, 2026, which was withdrawn and replaced by an updated document on February 18, 2026. GSA’s notice seeks comment on “[w]hether this collection of information is necessary,” “whether it will have practical utility,” the public burden of the collection, and ways to minimize that burden. GSA’s notice does not otherwise seek comment on the text of the proposed certification.

The proposed revision to the System for Award Management (SAM) General Representations and Certifications includes three main elements:

The proposed revision includes a certification that the entity will comply with the US Constitution, all Federal laws, and all relevant EOs prohibiting unlawful discrimination on the basis of race or color. The proposed provision then mirrors the DOJ July 2025 memorandum by noting that “Federal antidiscrimination laws” apply to programs or initiatives that involve discriminatory practices, including those labeled DEI. The certification further provides examples of practices that may violate applicable Federal anti-discrimination laws, including specific practices identified in the DOJ July 2025 memorandum.

Certification regarding “illegal aliens”

The proposed revision also includes a certification that the entity will not “knowingly bring or attempt to bring to the United States, transport, conceal, harbor, shield, hire, or recruit for a fee an illegal alien; and will not induce an alien to enter or reside in the United States with reckless disregard of the fact that the alien is illegal. (See 8 U.S.C. § 1324 and 2 C.F.R. § 200.303 Internal controls).”

Certification regarding “public safety and national security”

The proposed revision also includes a certification that the entity “will not fund, subsidize, or facilitate violence, terrorism, or other illegal activities that threaten public safety or national security. (See 2 CFR 200.303 Internal controls).”

Notably, the certifications regarding “illegal aliens” and public safety and national security are not required by EO 14173 and are not addressed by any prior guidance related to DEI programs. The statutory reference provides some guidance as to what may be considered illegal activity related to “illegal aliens,” but there is little guidance related to public safety and national security. The certification’s reference to 2 CFR 200.303 provides little insight for compliance, as the regulation merely requires recipients and subrecipients to maintain internal controls that provide reasonable assurance that the entity is in compliance with the Constitution, Federal statutes, regulations, and the terms and conditions of the Federal award broadly, without reference to any particular laws, regulations, or terms.

Key takeaways

GSA’s incorporation of additional certifications, both those directed by the EO and those entirely unrelated to the EO may provide some insight into the Trump administration’s priorities, as well as a willingness to consider potential enforcement mechanisms. The SAM General Representations and Certifications explicitly state that each entity is attesting to the accuracy of the certifications, and that any misrepresentation carries possible liability under the False Claims Act.

Though it is unclear when the proposed amendment will take effect, entities currently receiving Federal financial assistance or those intending to apply for assistance should work with legal counsel to audit their DEI policies, hiring practices, and code of conduct or business ethics policies to ensure compliance with existing laws while maintaining alignment with company values. Though only applicable to recipients of Federal financial assistance, Federal contractors should take note. The EO’s certification provision directed agencies to include a certification for Federal financial assistance as well as contractors, so a similar SAM certification for contractors may not be far behind.