Cases & Developments

The Association of American Universities (AAU) submitted comments to the General Services Administration (GSA) regarding its proposed revisions to the System for Award Management (SAM) Registration Requirements for Financial Assistance Recipients, urging GSA to withdraw the proposed certification revisions. AAU raises concern with the fact that the proposed certification would require institutions to certify compliance with standards that are not yet settled law or endorsed by the courts and notes that universities already certify compliance with federal anti-discrimination laws through existing SAM and grant application processes. The letter also raises concern that the proposal could chill lawful diversity, equity, and inclusion (DEI) activities, impose substantial administrative and legal burdens, and centralize enforcement risk in a way that may expose institutions to heightened liability. AAU also stresses that before any certification requirement is finalized, the GSA must, at a minimum (1) define the key terms in plain language; (2) provide concrete examples of covered and non-covered institutional activities; and (3) establish a process by which institutions can seek binding guidance on whether specific programs comply with the certification’s requirements. The letter concludes by requesting that the GSA withdraw the proposed revised information collection requirement or extend the public comment period by at least 180 days, and engage in direct consultation with the higher education community before any revised certification text is published. 

The American Council on Education (ACE), along with 25 higher education associations, sent a letter to the General Services Administration (GSA) regarding proposed amendments to the certification requirements for applicants and recipients of federal financial assistance. The proposal would require all entities receiving federal grants and assistance to certify that they do not have unlawful diversity, equity, and inclusion (DEI) programs and practices and are in compliance with legal interpretations of non-discrimination laws that have been advanced through executive orders and sub-regulatory guidance. The associations write that the proposed certification goes well beyond settled law and requires the endorsement of legal interpretations that are the subject of current federal litigation and have yet to be resolved by courts. The associations request that GSA “not advance” this proposal, stating that institutions should not be required to provide a certification of compliance with an interpretation of federal law that may, in fact, contradict state and local law, and would create significant uncertainty for institutions in their efforts to comply with federal law.

The General Services Administration (GSA) released draft language for a new certification in the System for Award Management (SAM) that would require institutions receiving federal funds to affirm that they do not engage in “illegal DEI” practices. GSA wrote that this proposed update is to align itself with the Department of Justice’s “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” from July 2025. The proposed language would require entities to certify that they do not engage in activities that violate federal antidiscrimination law, and clarifies the obligation as it applies to DEI, immigration, and anti-terrorism. The deadline for public comments is March 30, 2026.