Roadmap to Equality

We are grateful for our Board of Directors and the time and attention they provide to the Wisconsin Institute for Law & Liberty. They provide counsel, guidance, and oversight to ensure that the organization remains Wisconsin’s premier policy and legal center.

Court victories have only scratched the surface.

The Biden-Harris Administration installed dozens of racially discriminatory programs, policies, and regulations across the whole of the federal government.

To date, courts have struck down several of these programs — but the legal victories won by WILL and other conservative law firms have just scratched the surface. Below, WILL provides a roadmap to dismantle the rest of the Equity Agenda.

While President Trump has powers to act unilaterally, eliminating DEI completely requires working with Congress to make these changes permanent and to remove all race-based programs from federal law.

80 Targets Identified

13 Agencies & Offices

3 Tools to use

OVERALL PROGRESS 89%

of targets completed

22 Completed 14 In Progress 44 No Action Yet

Tracking the 80 programs, policies, and regulations identified below. Updated as the administration acts.

Terminate

The cabinet can literally shut down discriminatory programs and policies — starting with the executive orders that direct the entire bureaucracy to pursue “racial equity.”

Settle

Agencies can settle, where appropriate, the multiple pending lawsuits challenging unconstitutional DEI programs — and stop defending discrimination in court.

Investigate

The Department of Education, DOJ, and EEOC have jurisdiction to investigate and resolve allegations of racial discrimination at schools, hospitals, and other recipients of federal funds.

Download the entire report Healthcare equality report

Agricultural Credit Program/Target Participation Rates

Agricultural Credit Program/Target Participation Rates In all programs, loans, and land purchases, minorities must have proportional representation. See 7 U.S.C. § 2003. Directs USDA to establish county-level X target participation rates and to reserve farm loan funding for certain racial groups. Proposed Outcome Terminate

Biomass Crop Assistance Program

Biomass Crop Assistance Program USDA provides a special price cap on costs to minority farmers. See 7 U.S.C. § 8111. Proposed Outcome Terminate

Commodity Credit Corporation Quotas

Commodity Credit Corporation Quotas Five percent set asides for some racial groups for certain incentives made available by the Commodity Credit Corporation. See 16 U.S.C. § 3841(h). Proposed Outcome Terminate

Conservation Loans

Conservation Loans Race-based priority to farmers to receive direct conservation loans and guarantees, 7 U.S.C. § 1924(d), and a higher proportion. 7 U.S.C. § 1924(e). And for Conservation Planning Technical Assistance, the Secretary of Agriculture may waive certain fees of minorities. See 16 U.S.C. § 590c. Desired Outcome Terminate

Conservations Reserve Program

Conservations Reserve Program The Secretary of Agriculture may modify conservation reserve contracts to benefit certain racial minorities. See 16 U.S.C. § 3835. Also, 50% set aside payment for “socially disadvantaged individuals” to cover soil health and income protection program. Allocates $50 million to the CRP Transition Incentive Program, which facilitates the transfer of CRP land from existing CRP contract holders to farmers based on race. See 16 U.S.C. § 3831c & 3841(a)(1)9(B). USDA conservation program authorizes incentives to encourage participation of certain racial groups. See 16 U.S.C. § 3844. Proposed Outcome Terminate

Dairy Margin Coverage Fees

Dairy Margin Coverage Fees Some farmers, based on race, exempt from the administrative fee. See 7 U.S.C. § 9054. Proposed Outcome Terminate

Discriminatory Disaster Relief Programs

Discriminatory Disaster Relief Programs USDA runs several discriminatory programs related to disaster relief. The Secretary of Agriculture may waive certain paperwork and fee requirements for minorities seeking disaster assistance. See 19 U.S.C. § 2497. Certain minority groups are “covered producers” eligible for additional assistance. See 7 U.S.C. § 9081. Certain races receive special disaster assistance waivers that others do not under this program. See 7 U.S.C. §1531. In the Emergency Conservation Program, Provides, USDA provides emergency funding to producers to rehabilitate farmland damaged by natural disasters; cost-share rates are increased based on race. See 16 U.S.C. § 2202a. Proposed Outcome Terminate

Down Payment Loan, Relending, & Contract Land Sales Programs

Down Payment Loan, Relending, & Contract Land Sales Programs These programs facilitate “the transfer of farms and ranches from retiring farmers and ranchers” to minorities, while providing operating loan guarantees to facilitate the transaction. See 7 U.S.C. § 1935. And in programs like the Heirs Property Relending Program, USDA gives preferences to cooperatives, credit unions, and nonprofit organizations with experience serving certain racial communities. See 7 U.S.C. § 1936c. USDA gives guarantees on loans made to certain racial groups, but not others. See 7 U.S.C. § 1936. Proposed Outcome Terminate

Education and Risk Management Assistance Program

Education and Risk Management Assistance Program USDA runs a competitive grant program that employs a race-based preference. See 7 U.S.C. § 1524. Proposed Outcome Terminate

Emergency Relief Program

Emergency Relief Program This disaster-relief program discriminates based on race, helping some farmers and ranchers but not others. The program is currently being challenged in the case of Strickland v. USDA.

Environmental Quality Incentives Program

Environmental Quality Incentives Program Provides assistance to agricultural producers to address natural resource concerns. Establishes additional support for certain racial groups, which may receive up to 90%, and not less 25%, of the applicable cost to implement conservation practices and who may receive up to 50% of the estimated payment in advance of the completion of an approved practice for materials and contracting. See 16 U.S.C. § 3839aa-2(d)(4).

Fair and Equitable Treatment Mandate

Fair and Equitable Treatment Mandate Generalized requirement to force the secretary to adjust bases and yields “to provide for the fair and equitable treatment” of producers based on race. See 7 U.S.C. § 2279a. Desired Outcome Terminate

Farmer Individual Development Accounts Pilot Program

Farmer Individual Development Accounts Pilot Program USDA gives a preference to applicants that have a track record of serving certain racial communities. See 7 U.S.C. § 1983b. Proposed Outcome Terminate

Farming Training, Research, and Funding Set Aside

Farming Training, Research, and Funding Set Aside (2501 Program). USDA provides special treatment to some minority farmers in the areas of technical assistance, training opportunities. See 7 U.S.C. § 2279. Proposed Outcome Terminate

Farm Loan Guarantee Program

Farm Loan Guarantee Program Some racial groups receive special loan guarantees of 95% of the principal offered. See 7 U.S.C. § 2008b. Proposed Outcome Terminate

Food Safety Grant Program

Food Safety Grant Program This program gives race based priority for grants awarded under this program. See 7 U.S.C. § 7625. Proposed Outcome Terminate

Grants for Cooperative Development Centers

Grants for Cooperative Development Centers Also known as “Socially Disadvantaged Groups Grant,” provides 20% set aside funds for recipients based on race. See 7 U.S.C. § 1932. Proposed Outcome Terminate

Greenhouse Gas Advisory Council

Greenhouse Gas Advisory Council This council has a quota for members representing the interests of “socially disadvantaged” farmers or ranchers. See 7 U.S.C. § 6712. Desired Outcome Terminate

Homestead Protection Act

Homestead Protection Act Certain racial groups are given a right of first refusal to reacquire homestead property with a price cap. See 7 U.S.C. § 2000. Proposed Outcome Terminate

Local Agricultural Market Program

Local Agricultural Market Program The program gives a race-based priority to certain minority farmers, including a 10% set-aside. See 7 U.S.C. § 1627c. Proposed Outcome Terminate

Noninsured Crop Assistance Program

Noninsured Crop Assistance Program USDA waives a fee and 50% premium reduction for noninsured crop insurance program for minority farmers. See 7 U.S.C. § 7333. Proposed Outcome Terminate

Office of Public Engagement; Socially Disadvantaged Farmers Group

Office of Public Engagement; Socially Disadvantaged Farmers Group Creation of institutions within USDA to ensure equitable allocation of benefits to certain racial groups and the creation of special initiatives for minorities. See 7 U.S.C. § 6934. Proposed Outcome Terminate

Payments of Grants of Aid

Payments of Grants of Aid The Secretary of Agriculture must ensure representation of some racial groups on state conservation committees. See 16 U.S.C. § 590h. Proposed Outcome Terminate

Price Loss Coverage & Agricultural Risk Coverage Programs

Price Loss Coverage & Agricultural Risk Coverage Programs Minority farmers receive special exemption to the 10-acre base acre minimum in the Price Loss Coverage and Agricultural Risk Coverage Programs. See 7 U.S.C. § 8711, 8752, 9014. Proposed Outcome Terminate

Sale of Property Program

Sale of Property Program USDA sells property to “socially disadvantaged” farmers or ranchers at current market value “before it is available to the general public.” This is a racial preference. See 7 U.S.C. § 1985. Proposed Outcome Terminate

Socially Disadvantaged Farmers & Ranchers Programs

Socially Disadvantaged Farmers & Ranchers Programs Desired Outcome Investigate

Broadband Opportunity Grants

Broadband Opportunity Grants Preference for minorities in awarding grants. 47 U.S.C. § 1305. Terminate

Community Navigator Pilot Program

Community Navigator Pilot Program SBA operates a $100 million outreach program with priorities to minority owned businesses. See 15 U.S.C. § 9013. Terminate

Government-Wide Priority Preference

Government-Wide Priority Preference SBA implements government-wide goal of 5% minority participation for all prime contracts and subcontracts each year. See 15 U.S.C. § 644. Terminate

Manufacturing USA Institute

Manufacturing USA Institute SBA ensures that financial assistance is awarded to areas “located in an area with high proportion of” minorities. See 15 U.S.C. § 278s. Terminate

Minority Business Development Agency

Minority Business Development Agency Proposed Outcome Investigate

Office of International Trade

Office of International Trade SBA gives priority to minorities in the trade expansion program. See 15 U.S.C. § 649. Terminate

Section 8(a) Program

Section 8(a) Program In 2023, the U.S. District Court for the Eastern District of Tennessee ordered the SBA to stop discriminating based on race. SBA continues to operate this program, but the Secretary of Commerce should investigate SBA’s compliance with the Constitution’s demand of complete race neutrality by the government in government contracting. See 15 U.S.C. § 637. Proposed Outcome Investigate

Surety Bond Guarantee Program

Surety Bond Guarantee Program SBA gives certain minorities preferences in small-business bond forgiveness. See 15 USC § 694b. Terminate

MOU with MBDA

MOU with MBDA Terminate

Mentor-Protégé Program

Mentor-Protégé Program DOD runs a mentor program giving special preference to firms that mentor businesses owned by minorities. See 10 U.S.C. § 4902. Terminate

Race-Based Scholarships

Race-Based Scholarships Settle

West Point Lawsuit

West Point Lawsuit Settle

K-12 Discipline Guidance

K-12 Discipline Guidance Terminate

K-12 Racial Balancing Investigations

K-12 Racial Balancing Investigations Proposed Outcome Investigate

McNair Program

McNair Program Settle

Pro-Hamas Protest Discrimination Complaints

Pro-Hamas Protest Discrimination Complaints Proposed Outcome Investigate

Race-Based Higher Education Scholarships

Race-Based Higher Education Scholarships Despite Title VI’s demand of race neutrality, many colleges and universities, such as the University of Wisconsin-Madison, sponsor or otherwise facilitate race-based scholarships. Multiple discrimination complaints have been filed. Proposed Outcome Investigate

SFFA Compliance Investigations

SFFA Compliance Investigations Proposed Outcome Investigate

SFFA Guidance

SFFA Guidance Terminate

Home Energy Whole-House Rebates

Home Energy Whole-House Rebates For homes located in minority communities, $200 “disadvantaged community incentive” for homes. See 42 U.S.C. § 18795. Terminate

Integrated Bioenergy Research and Development

Integrated Bioenergy Research and Development Set aside of $5 million in bioenergy research for certain minorities. See 42 U.S.C. § 16311(d). Terminate

American Bar Association Discrimination

American Bar Association Discrimination As a federal-funds recipient, ABA is subject to Title VI, but it discriminates based on race in several programs and through accreditation. USDOJ should hold the ABA accountable for race discrimination. Proposed Outcome Investigate

Disparate Impact Enforcement Actions

Disparate Impact Enforcement Actions There are several disparate impact lawsuits pending that were brought by USDOJ against employers for using race neutral factors like criminal background checks and written tests in hiring because the government believes they unfairly disqualify members of certain demographics more than others. Proposed Outcome Settle

Disparate Impact Litigation

Disparate Impact Litigation Proposed Outcome Settle

Race-Data Litigation

Race-Data Litigation USDOJ is currently defending FCC’s demand for stations to collect race and gender data of their employees. National Religious Broadcasters v. FCC, 24-60219 (5th Cir. 2024). Proposed Outcome Settle

EEO-1 Forms, Office of Federal Contract Compliance

EEO-1 Forms, Office of Federal Contract Compliance Terminate

ESG Lawsuit

ESG Lawsuit Settle

Airport Development

Airport Development Ten percent of all funds for airport development spent through SDI-owned businesses. 49 U.S.C. § 47113. Terminate

Amtrack Grants

Amtrack Grants The Secretary of USDOT shall award grants for Amtrack whenever possible to “disadvantaged business concerns,” defined elsewhere as minorities. 6 U.S.C. § 1152. Terminate

Federal DBE Program

Federal DBE Program Settle

NASA Outreach Program

NASA Outreach Program Program to promote minorities & gives preference to “socially disadvantaged” companies in contracting programs. 51 U.S.C. § 30305. Terminate

NASA Contracting

NASA Contracting Agency-wide goal that at least 8% of all prime and subcontracts will be awarded to SDIs. 51 U.S.C. § 30304. Terminate

Project grants for airport operations

Project grants for airport operations Racial preferences in airport operations project grants. 49 U.S.C. § 47107. Terminate

Agenda-DoTr-Export-ImportBank

Homeowner Assistance Fund

Homeowner Assistance Fund $10 billion homeowner assistance fund with SDI preference. 15 U.S.C. § 9058d. Terminate

Local Government Financial Assistance Fund

Local Government Financial Assistance Fund 10% quota for spending contract dollars with SDI-owned small business concerns. 31 U.S.C. § 6701. Terminate

State Small Business Credit Initiative

State Small Business Credit Initiative $2.5 billion program for states to distribute to businesses owned by SDIs. 12 U.S.C. § 5702. Terminate

State Small Business Technical Assistance Grants

State Small Business Technical Assistance Grants $500 million for technical assistance to states to distribute to businesses owned by SDIs. 12 U.S.C. § 5708. Terminate

US Debt Collection

US Debt Collection Preference/set asides for contracting with law firms to collect US debt obligations, including law firms. 31 U.S.C. § 3718. Terminate

Federal Contracting in Environmental Programs

Federal Contracting in Environmental Programs Agency goal that 8% of all prime and subcontracts awarded by EPA in all authorized programs, including grants, loans, contracts for wastewater and storage tanks, must be to minorities. 42 U.S.C. § 4370d. Terminate

Justice40

Justice40 Terminate

DEI in Healthcare Systems

DEI in Healthcare Systems Proposed Outcome Investigate

DEI Grant Conditions

DEI Grant Conditions Terminate

Discrimination in HHS Programs

Discrimination in HHS Programs Proposed Outcome Investigate

Intelligence And Cybersecurity Diversity Fellowship Program

Intelligence And Cybersecurity Diversity Fellowship Program Internship for minorities. 6 U.S.C. § 665a Terminate

Mentor Protégé Program

Mentor Protégé Program Special mentorship program for minority-owned firms. 6 U.S.C. § 475a. Terminate

Preparedness Accreditation and Certification Program

Preparedness Accreditation and Certification Program This program gives preference to third parties who perform certification processes that are owned by minorities. 6 U.S.C. § 321m. Terminate

Public Transportation Security Grants

Public Transportation Security Grants Preferences for minority owned businesses. 6 U.S.C. § 1135. Terminate

Executive Orders on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

Executive Orders on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government E.O. 13985 and E.O. 14091 are two foundational executive orders that direct the entire federal bureaucracy to focus on racial equity, resulting in numerous policies that treat Americans differently based on race. Replacing these orders with a new order, mandating equal treatment of all, should specifically revoke all existing “Equity Action Plans” and entrenched DEI policies, which exist in most agencies.

Office of Federal Procurement Policy, Office of Federal Contract Compliance Programs.

Office of Federal Procurement Policy, Office of Federal Contract Compliance Programs. These offices coordinate and enforce many minority-contracting preferences and implements the statute authorizing government-wide preferences based on race in federal procurement. See 41 U.S.C. § 1122. The President should use these offices to terminate all race-based preferences throughout all agencies. Proposed Outcome Terminate

Government-Wide Disparate Impact Regulations

Government-Wide Disparate Impact Regulations The White House should coordinate the repeal of all regulations that allow the imposition of disparate-impact liability. Disparate-impact law is nothing more than a legal embodiment of the wrongheaded and demonstrably false theory of “systemic racism.” Proposed Outcome Terminate

Office of Management & Budget Memo on Racial Preferences

Office of Management & Budget Memo on Racial Preferences On October 25, 2023, OMB ordered all agencies to increase purchases from minority-owned businesses to 15%. Proposed Outcome Terminate

Interagency Memo on Special Purpose Credit Programs

Interagency Memo on Special Purpose Credit Programs This interagency memo and related actions should be repealed by the White House. Proposed Outcome Terminate