Attorney General Jennifer Davenport joined a group of 23 attorneys general in filing a comment letter on Mar. 30 opposing a proposal by the General Services Administration that would require recipients of federal funding to certify compliance with terms related to diversity, equity, and inclusion.
The coalition argues that the proposed requirement could create confusion and impose unnecessary burdens on applicants for federal funds, potentially affecting state agencies, nonprofits, schools, and other entities. The attorneys general claim that these new rules could threaten recipients with civil and criminal penalties if enacted.
“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.”
The GSA published its notice proposing amendments to its Financial Assistance General Representations and Certifications on Jan. 27. Registration in SAM.gov is required for any applicant seeking federal funding. The proposed changes would require certification not to engage in what it calls “illegal DEI” practices and reference President Trump’s executive order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” along with guidance from the U.S. Department of Justice against programs promoting diversity initiatives.
The letter filed by the attorneys general calls for withdrawal of the proposal due to alleged violations under several laws including the Paperwork Reduction Act, Administrative Procedure Act, and constitutional provisions regarding spending powers.
According to the official website, the New Jersey Attorney General Matthew Platkin aims to protect residents’ lives and property while upholding legal standards statewide according to the official website. The office extends services throughout all counties in New Jersey according to its official website, influences public safety through law enforcement oversight as reported by its official site, holds authority over prosecuting offenses according to its statutory mandate, provides legal representation and consumer protection initiatives according to their description, and functions as a state agency focused on justice across New Jersey as outlined officially.
Broader implications may arise if such proposals become policy nationwide; observers are watching whether GSA will move forward or reconsider following opposition from multiple states.
