Higher education associations and Democratic attorneys general urged the General Services Administration to rescind a proposed System for Award Management certification change that they say would effectively force colleges and other federal funding recipients to comply with contested anti-DEI directives. The proposal would require recipients to certify they are complying with the Constitution, federal law, and “relevant executive orders” on antidiscrimination law. The filing language highlights examples critics cite as violations under the guidance, including race-based scholarships and certain diversity statements in hiring. Higher education leaders argue colleges already certify compliance with federal law, and that the GSA proposal would elevate DOJ “non-binding suggestions” into mandatory conditions for receiving federal funds. In public comment, American Council on Education President Ted Mitchell warned that turning DOJ guidance into certification requirements “converts” legal risk avoidance into a funding gate. The associations also noted ongoing litigation over parts of the administration’s anti-DEI directives and guidance.
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