Attorney General Clark Opposes Proposal by Trump Administration Targeting Diversity, Equity, and Inclusion Programs

Attorney General Charity Clark today joined a coalition of 23 attorneys general in filing a comment letter opposing a proposal by the General Services Administration (GSA) that would require recipients of federal funding to comply with the Trump Administration's guidance and executive order targeting diversity, equity, and inclusion (DEI). In the letter, Attorney General Clark and the coalition argue that the proposal imposes unjustified and duplicative burdens on federal funding applicants and recipients, violates federal law, and seeks to threaten federal funding recipients away from conducting lawful activities related to DEI.

On January 27, GSA published a notice proposing to amend its Financial Assistance General Representations and Certifications, a standard all federal funding applicants and recipients must agree to in order to register for the federal government's System for Award Management (SAM.gov). Registration in SAM.gov is a mandatory step to apply for and receive federal funding. The proposal would, among other things, require funding applicants and recipients to certify compliance with President Trump's executive order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" as well as guidance issued by the U.S. Department of Justice titled "Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination." The order and guidance direct recipients of federal funding against practicing programs promoting DEI.

In today's letter, Attorney General Clark and the coalition call for GSA to withdraw its proposal. Attorney General Clark and the coalition argue, among other things, that:

• GSA's proposal creates unnecessary and duplicative certification requirements for federal funding applicants and recipients in violation of the Paperwork Reduction Act. The proposal imposes undue burdens on applicants and recipients without justifying why such burdens are necessary for the GSA to perform its function as an agency.
• The proposal violates the Administrative Procedure Act. The proposal does not adequately explain why additional certification requirements are needed; exceeds GSA's Congressionally-granted authority; and does not follow mandated procedures for providing notice and opportunity for public comment. It also violates the Constitution's Spending Clause because it fails the clear notice requirement and is unconstitutionally coercive.
• The proposal aims to intimidate entities seeking federal funding away from conducting lawful activity related to immigration and DEI programs.

In filing today's letter, Attorney General Clark joins the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Virginia, Washington, and Wisconsin.

A copy of the letter is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171