The U.S. General Services Administration proposed a new anti-DEI certification requirement that would force federal funding recipients—including colleges and universities—to attest to compliance with the administration’s DEI-related executive orders and guidance. The certification language flags potential violations involving race-based scholarships and certain “overcoming obstacles” narratives and diversity statements in hiring. Institutions risk losing all federal funding if they fail to sign or comply, and higher education groups are urging GSA to rescind the proposal. Critics warn that even institutions that want to comply may face costly legal defense burdens tied to how the rules would be interpreted and enforced. The proposal is also expected to prompt legal challenges. A prior federal-court fight over frozen federal funding ended in Harvard University’s favor, but conservative and sector advocates caution that most institutions lack Harvard’s fiscal capacity to litigate. ACE’s Jon Fansmith said challenges are likely to spill beyond higher ed because the compliance rules would affect other recipients such as large defense contractors and social service organizations.
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