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

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.