The General Services Administration has proposed requiring all federal funding recipients to certify that they do not maintain diversity, equity, inclusion and accessibility (DEIA) programs. Recipients also would also need to certify they are not knowingly hiring or recruiting undocumented staff.
The GSA estimates the proposal would impact approximately 222,760 entities — including colleges and universities. If enacted, the certification requirements would expose grant recipients to potential liability under the False Claims Act. The deadline for public comments is March 30, 2026.
What Is the GSA Proposing?
The GSA is the independent government agency responsible for supporting other federal agencies by managing federal property and providing contracting options. The GSA proposal rests on Title VI of the Civil Rights Act of 1964 and would apply to all federal funding recipients.
The GSA proposal, “Information Collection; System for Award Management Registration Requirements for Financial Assistance Recipients,” would revise the existing System for Award Management registration requirements for prime financial assistance recipients. The proposed amendment would update the Financial Assistance General Representations and Certifications to align with the Department of Justice’s July 29, 2025, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” and Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” signed on Jan. 21, 2025.
Under the GSA proposal, federal funding recipients would need to certify that they have no programs characterized as “discriminatory practices.” This includes the awarding of race-based scholarships, the imposition of “cultural competence” requirements in admissions or hiring, and the inclusion of “diversity statements” or narratives about “overcoming obstacles” in admissions or hiring. Training programs that “create a hostile environment” based on a protected characteristic under federal anti-discrimination laws would also be prohibited.
The requirement to file the updated certifications would apply to all entities receiving grants, cooperative agreements and other forms of financial assistance, including loans, insurance and direct appropriations. The GSA estimates that 222,760 respondents would be affected, each submitting one response annually with an estimated burden of 2.75 hours per response, resulting in a total annual burden of 612,590 hours.
What is the Significance of This Certification Requirement?
Executive Order 14173 directed federal agency leaders to require contractors and grant recipients to provide a formal certification that the contractor or grant recipient complies with federal antidiscrimination laws, and that such compliance is material to the government’s decision to pay claims under such contract. During the Federal Bar Association’s 2026 Qui Tam Conference on Feb. 19, 2026, Deputy Assistant Attorney General Brenna Jenny of the U.S. Department of Justice’s Commercial Litigation Branch, delivered a keynote speech through which she identified, as an enforcement priority, actions under the False Claims Act with respect to DEIA programs.
Significantly, the GSA’s proposed certification requirements could expose grant recipients to potential liability under the FCA, including enforcement actions by the federal government and whistleblowers. The FCA provides that entities submitting false claims (or false statements relevant to a claim) can be liable for treble damages and statutory penalties.
When Is the Deadline to Comment?
GSA has invited comments on, among other things, whether the collection of information is necessary, whether the burden estimate is accurate and ways to minimize the reporting burden on respondents. Public comments may be submitted on or before March 30, 2026.
What Should Your Institution Do Now?
Institutions of higher education should be aware that, if finalized, the GSA proposal would impose a DEIA certification requirement on all federal funding recipients — significantly broader in scope than other agencies’ prior efforts. Institutions that receive any form of federal funding may wish to evaluate their existing policies, programs and practices to ensure compliance with federal anti-discrimination guidelines and executive orders.
With ongoing litigation and a rapidly evolving legal landscape, staying informed is critical. McGuireWoods is closely monitoring these developments and can provide timely updates tailored to your institution’s needs.
The firm has deep experience helping colleges, universities and other institutions navigate complex federal compliance requirements. For a comprehensive policy review, guidance on submitting public comments or ongoing monitoring of regulatory developments, contact the authors or a member of the Education Industry Team or Higher Education Enforcement & Regulatory Counseling Team.