FOR IMMEDIATE RELEASE
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BALTIMORE, MD – Attorney General Anthony G. Brown today joined a coalition of 12 attorneys general in filing a comment letter opposing a proposal by the General Services Administration (GSA) that would require recipients of federal funding, including States, to complete confusing certification requirements regarding federal antidiscrimination laws and other policies.
On January 27, GSA published a notice proposing to amend its Financial Assistance General Representations and Certifications, which 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."
In today's letter, the coalition notes that the proposed certification requirements are unnecessary because States and other federal funding recipients already routinely certify compliance with federal law. If the proposal is meant to add to or change requirements for federal funding, it exceeds GSA's lawful authority. The coalition calls for GSA to withdraw its proposal and argues, 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;
- If intended to establish new requirements for federal funding, violates the Administrative Procedure Act by failing to 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, and violates the Constitution's Spending Clause; and
- Threatens to chill lawful activity related to support for immigrants and diversity, equity, and inclusion (DEI) programs.
In filing today's letter, Attorney General Brown joins the attorneys general of California, New York, Arizona, Colorado, the District of Columbia, Illinois, Michigan, Minnesota, Nevada, Oregon, and Washington.
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