TRENTON – Attorney General Jennifer Davenport 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 certify compliance with vague and undefined terms targeting diversity, equity, and inclusion.
In the letter, Attorney General Davenport and the coalition argue that the unprecedented proposal imposes unjustified and duplicative burdens on federal funding applicants and recipients, violates federal law, and seeks to threaten and intimidate federal funding recipients away from lawful activities.
“This is an insidious attempt to weaponize the federal government’s funding process. It affects every State department and agency as well as all nonprofits, charities, or schools that receive federal funds,” said Attorney General Davenport. “Instead of making life more affordable for New Jerseyans, the Trump Administration is obsessed with finding new ways to hold federal funds hostage to ideological battles.”
If enacted, the proposed requirement could sow confusion and doubt about federal funding across state agencies as well as private entities that receive federal funding, such as nonprofits and colleges and universities, and potentially threaten them with civil and criminal penalties.
On January 27, 2026, 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 they will not engage in so-called “illegal DEI” and references 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 diversity, equity, and inclusion.
The attorneys general call for GSA to withdraw the proposal, pointing out that it is unlawful in multiple ways, including under the Paperwork Reduction Act, the Administrative Procedure Act (APA), and the Constitution’s Spending Clause. In addition, it will chill protected speech and activity.
In filing the letter, Attorney General Davenport joins the attorneys general of California, New York, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.
