Attorney General Jennifer Davenport joined a group of 23 attorneys general on Mar. 30 in filing a comment letter against a proposed rule by the General Services Administration that would require recipients of federal funding to certify compliance with terms related to diversity, equity, and inclusion.
The attorneys general argue that the proposal could place unnecessary and unclear requirements on applicants for federal funds, potentially affecting state departments, agencies, nonprofits, charities, and schools. They say these measures could threaten lawful activities and create confusion about eligibility for federal support.
“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.”
According to the letter filed by the coalition, if enacted, this requirement could lead private entities such as colleges and universities—and public agencies—to face civil or criminal penalties based on uncertain definitions within the proposed rule. The proposal was introduced in January when GSA announced plans to amend its Financial Assistance General Representations and Certifications process required for registration at SAM.gov.
The proposed change references President Trump’s executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” along with Department of Justice guidance instructing recipients not to engage in programs promoting diversity or inclusion. The attorneys general claim this move violates several laws including the Paperwork Reduction Act and Administrative Procedure Act.
Davenport joins other state leaders from California, New York, Arizona, Colorado and others in urging GSA to withdraw what they describe as an unlawful measure likely to chill protected speech. According to the official website of New Jersey Attorney General Matthew Platkin the office aims to protect residents’ lives and property while providing statewide enforcement support; it extends authority across all counties according to its official website, influences public safety through law enforcement oversight as reported by its website, holds statewide regulatory powers under statutory mandate, offers services such as legal representation and victim advocacy according to its official site, and functions as a key agency handling justice issues across New Jersey as described online.
