GSA Proposes DEI Certification Requirement for All Federal Grantees

The General Services Administration has proposed a rule change that would require organizations receiving federal financial assistance to certify that their programs do not include diversity, equity, and inclusion initiatives — a move that could reshape compliance requirements for tens of thousands of grant recipients nationwide.

The proposed rule, open for public comment until March 30, marks the administration's shift from executive orders to formal regulatory rulemaking in its campaign against DEI in federally funded programs.

What the Rule Would Require

Under the proposal, organizations receiving federal grants, cooperative agreements, or other forms of financial assistance would need to submit a certification that their DEI-related programs do not violate federal anti-discrimination laws. The rule would apply across all federal agencies, not just the Department of Education.

The administration has already used executive authority to freeze or delay grants connected to DEI priorities. This regulatory approach would give the restrictions greater legal permanence and survive potential changes in administration policy.

Grant Programs Already Disrupted

Several routine federal grant competitions have stalled during this policy transition. The Native Hawaiian Education Program and Alaska Native Education Program — both allocated $45 million — have not launched competitions since 2023 despite available funding. As of March 10, 33 senators had urged the administration to launch the stalled TRIO grant competition, which supports low-income and first-generation college students.

The Department of Education's restructuring has compounded the uncertainty. K-12 programs including Titles I through IV are being transferred to the Department of Labor, while community schools and mental health programs move to HHS. These inter-agency transitions have left timelines for new grant competitions unspecified.

What Grantees Should Do Now

The public comment period closes March 30. Organizations that rely on federal funding should review the proposed certification language and submit comments through the Federal Register. In parallel, grantees should audit their current programs for any language or activities that could trigger compliance issues under the new framework and document their anti-discrimination policies.

More analysis of evolving federal grant compliance requirements is available on the Granted blog.