At the Federal Bar Association’s 2026 Qui Tam Conference on February 19, 2026, Brenna Jenny, Deputy Assistant Attorney General (DAAG) in the U.S. Department of Justice’s (DOJ) Commercial Litigation Branch, delivered a keynote speech on enforcement priorities under the False Claims Act (FCA) with respect to diversity, equity, and inclusion (DEI) programs.  Jenny’s reported remarks provided insight into DOJ’s enforcement priorities and viewpoints on FCA enforcement.  A key takeaway from Jenny’s presentation is that, from her perspective, DOJ is not investigating federal contractors and grant recipients for having DEI programs, but rather for potentially engaging in discrimination through their implementation of those programs.  She emphasized that companies can engage in discrimination with or without DEI programs and can also operate DEI programs without engaging in discrimination.