CHICAGO – Attorney General Kwame Raoul 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 to comply with the Trump administration’s guidance and executive order targeting diversity, equity and inclusion.
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In the letter, Raoul and the coalition argue 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 diversity, equity and inclusion.
“Diversity initiatives are lawful and essential to the success of business and learning environments,” Raoul said. “I will stand with those who are challenging this administration’s attempts to eliminate these programs and turn back the clock on the important progress that has been made toward equity.”
On Jan. 27, the 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.
In today’s letter, Attorney General Raoul and the coalition call for the GSA to withdraw its proposal and argue:
- The GSA’s proposal creates unnecessary and duplicative certification requirements for federal funding applicants and recipients, and imposes undue burdens on applicants and recipients without justifying why such burdens are necessary.
- The proposal does not adequately explain why additional certification requirements are needed, exceeds the 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 scare entities seeking federal funding from operating lawful immigration and diversity, equity and inclusion programs.
Joining Attorney General Raoul in sending the letter are the attorneys general of Arizona, California, Colorado, the District of Columbia, Maryland, Michigan, Minnesota, Nevada, New York, Oregon and Washington.
