GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security

Key Takeaways

• New DEI certification bans race‑based preferences
• Applicants must attest against hiring illegal aliens
• Entities must certify no support for terrorism
• Injunctions may render certifications inapplicable
• Comments due March 30, 2026

Summary

On February 18, 2026 the General Services Administration issued a proposed revision to the System for Award Management (SAM) certifications required of federal financial assistance recipients. The draft adds attestations covering diversity, equity and inclusion (DEI) compliance, immigration status verification, and national‑security safeguards, and references Executive Order 14173 and the DOJ’s July 29 2025 memorandum. It also includes a clause that suspends any certification if an active court injunction blocks enforcement. Public comments are accepted through March 30, 2026.

Pulse Analysis

The GSA’s proposed SAM certification overhaul reflects a broader federal push to tighten oversight of program integrity. By tying DEI compliance to the prohibition of unlawful race‑based preferences, the administration seeks to enforce Executive Order 14173 and the Justice Department’s July 2025 guidance. This shift signals that entities receiving federal dollars must now document adherence to anti‑discrimination statutes, moving beyond traditional reporting to explicit attestations that could be scrutinized during audits.

Equally significant are the immigration and national‑security attestations. The draft requires recipients to certify they will not knowingly harbor illegal aliens, invoking 8 U.S.C. §1324, and to affirm they will not fund or facilitate violent or terrorist activities, referencing 2 C.F.R. §200.303. For organizations with diverse workforces or international supply chains, these provisions introduce new due‑diligence layers, potentially affecting hiring practices, vendor vetting, and compliance monitoring. Failure to meet these attestations could jeopardize funding eligibility and expose entities to civil penalties.

Stakeholders should treat the March 30 comment deadline as a critical window to influence the final rule. The inclusion of an injunction clause adds uncertainty, as entities subject to court orders may face ambiguous reporting requirements. Practically, organizations ought to review current SAM registrations, update internal policies, and prepare documentation to demonstrate compliance. Monitoring forthcoming guidance for federal contractors is advisable, as similar language may soon be extended to procurement contracts, amplifying the regulatory footprint across the public‑private sector.