On February 18, 2026, the General Services Administration (“GSA”) issued a proposed revision to the certifications that federal financial assistance recipients or applicants must make in order to register in the System for Award Management (“SAM”), adding certifications related to diversity, equity, and inclusion programs; immigration; and national security.  The proposed revision also addresses applicability in the event of an active injunction.  Public comment is due by March 30, 2026.

Diversity, Equity, and Inclusion Programs

The proposed revision would require certification of compliance with all federal laws and relevant executive orders “prohibiting unlawful discrimination on the basis of race or color in the administration of federally funded programs.”  This prohibition applies to “programs or initiatives that involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA) programs.” 

The proposed certification tracks examples set forth in Attorney General Pam Bondi’s July 29, 2025 memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “July 29 Memo”) and lists “[e]xamples of practices that may violate applicable Federal anti-discrimination laws” (emphasis added), including:

  • Race-based preferences in scholarships, hiring, promotions, access to resources, or evaluative requirements
  • “Segregation” on the basis of race in training, facilities, resources, or program eligibility
  • Other considerations of race such as “diverse slates” in hiring or race-based selection for contracts, program participation, or resource allocation
  • Trainings that stereotype, exclude, or single out protected groups, or create a hostile environment
  • Adverse actions taken against individuals who raise concerns about, object to, or refuse participation in practices they reasonably believe violate anti-discrimination laws

The proposed revision is intended to align with Executive Order 14173 (“EO”) (discussed previously here) and the July 29 Memo (discussed previously here) and, as was the case with both the EO and the July 29 Memo, identifies actions that this administration might pursue as violations of their expansive interpretation of federal anti-discrimination law.   

Immigration

The proposed revision also would require registering entities to attest that they “[w]ill 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.”  This provision cites to 8 U.S.C. §1324, which penalizes “[b]ringing in and harboring certain aliens,” and 2 C.F.R. § 200.303, which requires general compliance with federal law and federal award terms.

National Security

The proposed revision also would require registering entities to attest that they “[w]ill not fund, subsidize, or facilitate violence, terrorism, or other illegal activities that threaten public safety or national security.”  This provision cites to the general requirement under 2 C.F.R. § 200.303 to comply with federal laws, and it does not define the types of activities encompassed by the certification.

Injunctions

Finally, the proposed revision acknowledges the shifting legal landscape surrounding certain administration directives.  It states that “[t]o the extent that any [of] the certifications or representations on this page are the subject of an active court order or injunction that is legally binding on the recipient and the relevant awarding agency, and prohibits enforcement of such requirements, the affected certifications or representations will be deemed inapplicable to that recipient.”  It is not clear how registering entities who are subject to such an injunction should complete an affected certification or otherwise note the fact of the injunction.

Anticipated Next Steps

Federal financial assistance recipients and applicants should stay tuned for comments on the proposed revision (due on March 30) as well as the final version of the revision, which could change from the proposed version.  In the meantime, recipients and applicants should continue to monitor their SAM registration and agreements documents for any new language relating to these certifications. 

It remains to be seen whether the same or a similar revision will be proposed for federal contractors, so entities with procurement contracts should also stay alert for further developments related to certifications.

If you have any questions concerning the material discussed in this client alert, please contact the members of our employment, government contracts, or white collar investigations and defense practices.

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