Proposed SAM.gov Registration Adds DEI and Immigration Certifications for Federal Grantees
Public Comments Accepted Until March 30
Federal grantees should be aware that the General Services Administration (GSA) has proposed requiring applicants, both when initially registering in the System for Award Management (SAM.gov) and during each annual renewal, to agree to three new certifications. These certifications would affirm that grantees:
- Do not operate programs promoting “illegal DEI” or “discriminate on the basis of race or color” in violation of federal anti-discrimination laws;
- Will not knowingly transport, conceal, harbor, shield or hire “an illegal alien;” and
- Will not “fund, subsidize or facilitate violence, terrorism… or threaten public safety or national security.”
GSA’s proposal, “Information Collection; System for Award Management Registration Requirement for Financial Assistance Recipients” (OMB Control No. 3090-0290), 91 Fed. Reg. 3726 (January 28, 2026), seeks to “align” longstanding financial assistance representations and certifications in SAM.gov with the Administration’s new policies. The GSA Information Collection Request specifically references Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, and “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” issued by the U.S. Department of Justice on July 29, 2025.
Implications for Federal Grantees
We have seen several federal agencies incorporate similar certifications into grant award terms and conditions, as discussed in our prior client alerts, including New Executive Order Mandates More Federal Funding Scrutiny. GSA’s proposal, however, would shift these certifications to the outset of the registration process, well before any agency awards funds.
In practical terms, if a grantee “certifies” compliance during SAM.gov registration, it would be attesting to compliance across all future grant applications—regardless of the issuing agency. In effect, compliance would become uniform and government-wide, rather than agency-specific, through individual award terms and conditions.
The proposed DEI certifications language appears (as part of Item 6) to require recipients to certify to standards that may exceed existing federal anti-discrimination law. The proposal also appears to rely on a DOJ memorandum that expressly states it does not carry the force of law, characterizing its guidance as “practical recommendations to minimize the risk of violations.” It is unclear how these certifications would be interpreted or enforced, particularly given that the proposed text acknowledges that certain certifications may be unenforceable pursuant to applicable court orders or injunctions.
Public comments on the proposal are due by March 30, 2026, and can be submitted here: https://www.regulations.gov/commenton/GSA-GSA-2026-0001-0001.
For questions about the proposed SAM.gov certification requirement, or to discuss submitting public comments before the March 30 deadline, please contact Feldesman’s federal grants attorneys, Phillip A. Escoriaza, Mindy B. Pava, or Edward T. Waters.
