NEC Submits Comments on Recent Proposed Rule Related to Federal Grants
On March 30 the New England Council submitted comments to the U.S. General Services Administration on a proposed rule proposed rule states that organizations receiving federal grants “will comply with the U.S. Constitution, all Federal laws, and relevant executive orders prohibiting unlawful discrimination on the basis of race or color in the administration of federally funded programs.” It goes on to say that “federal antidiscrimination laws apply to programs or initiatives that involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (DEI) or “diversity, equity, inclusion, and accessibility” (DEIA) programs.”
In its letter, the Council expressed its concern that the proposed certifications are both redundant and burdensome, as current standards already mandate legal compliance. Beyond the administrative strain, as this rule would apply to colleges and universities specifically, these measures arguably exceed the federal government’s regulatory authority, violating federal prohibitions against government control over school curricula or administration. The Council also raised concerns that the certifications likely present an unconstitutional impediment to free speech for students and faculty alike; their inherent vagueness risks creating a “chilling effect” on campus discourse and inviting arbitrary enforcement that may ultimately violate the Spending Clause.
For more information on this issue or the Council’s Higher Education Committee, contact Mariah Healy.