AG Opposition to GSA DEI Certification Requirements for Federal Funding Recipients

AG: New Jersey News

Filed March 30th, 2026

Detected March 31st, 2026

Summary

New Jersey Attorney General Jennifer Davenport joined 22 other AGs in filing a comment letter opposing a GSA proposal that would require federal funding recipients to certify compliance with undefined DEI restrictions. The coalition argues the proposal imposes unjustified burdens, violates federal law, and threatens recipients with civil and criminal penalties for lawful activities.

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What changed

GSA published a notice on January 27, 2026 proposing to amend its Financial Assistance General Representations and Certifications, adding requirements that funding applicants and recipients certify they will not engage in 'illegal DEI.' The proposal references President Trump's executive order 'Ending Illegal Discrimination and Restoring Merit-Based Opportunity' and DOJ guidance. Affected entities include all state departments and agencies, nonprofits, charities, colleges, universities, and private entities receiving federal funds through SAM.gov registration.

Federal funding recipients should review the proposed requirements immediately. Entities relying on federal grants, contracts, or financial assistance should assess how these certification requirements could affect their operations. Nonprofits, educational institutions, and state agencies receiving federal funds face potential exposure to civil and criminal penalties if the proposal is enacted. Affected parties may wish to submit independent comments before the comment period closes.

What to do next

Review GSA's proposed certification requirements affecting federal funding recipients
Assess organizational exposure if your entity receives federal funding through SAM.gov
Consider submitting independent comments to GSA expressing support or concerns

Source document (simplified)

AG Davenport Opposes Unprecedented Barriers to Federal Funding Requests

Trump Administration Ties Funding Requirements to Attack on Diversity, Equity, and Inclusion

For Immediate Release: March 30, 2026

Office of the Attorney General
– Jennifer Davenport, Attorney General

For Further Information:

Media Inquiries-
Allison Inserro
OAGpress@njoag.gov

View Comment Letter

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 to 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 sew 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.