Roadmap to Equality
Terminate, Settle, Investigate: Dismantling the “Equity Agenda”
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 these legal victories 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 and implement a new, once-in-a-generation policy of equality and fairness for all Americans. While President Trump has powers to take actions unilaterally, to eliminate DEI completely, he must work with Congress to make these changes permanent and to remove all race-based programs from federal law.
What can the new administration do to root out DEI from the federal bureaucracy?
The Tools
To dismantle DEI and restore a policy of equality in our federal government, we suggest three main tools that can be used by President Trump’s appointees, with legal support from the new Attorney General.
Terminate
First, Trump’s cabinet can literally shut down discriminatory programs or policies.
Settle
Second, the agencies can settle, where appropriate, multiple lawsuits challenging unconstitutional DEI programs and other discriminatory programs.
Investigate
Agencies, such as the Department of Education, DOJ, and the EEOC, have jurisdiction to investigate and resolve allegations of racial discrimination among K-12 schools, higher-education institutions, hospitals, and other entities that receive federal funds.
The Targets
Below are the programs, policies, and regulations that can be terminated, settled, or investigated, so that the federal government can restore equality and fairness.
Office of the White House
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.Proposed Outcome
Terminate
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
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
OMB Racial Classifications
Since 1977, OMB has issued racial classifications used by nearly all federal agencies and many states. The U.S. Supreme Court in SFFA ruled such classifications were unconstitutional.Proposed Outcome
Terminate
Government-Wide Disparate Impact Regulations
The White House should identify and 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.”
See, e.g., OPM (5 CFR Part 900 Subpart D); DHS (6 CFR Part 21); USDA (7 CFR Part 15 Subpart A, 7 CFR 1901.202); Department of Energy (10 CFR 1040.13); NASA (14 CFR Part 1250); Tennessee Valley Authority (18 CFR Part 1302); State Department (22 CFR Part 141); DOJ (28 CFR Part 42 Subpart C); Department of Treasury (31 CFR Part 22); DOD (32 CFR Part 195); Department of Education (34 CFR Part 100); VA (38 CFR Part 18); GSA (41 CFR Part 101-6); Department of Interior (43 CFR Part 17); HHS (45 CFR Part 80); NSF (45 CFR Part 611); National Foundation on the Arts and Humanities (45 CFR Part 1110); DOT (49 CFR Part 21); CFPB (12 CFR Part 1002 Supp. I Sec. 1002.6(a)-2); HUD (24 CFR pt 100).
Proposed Outcome
Terminate
Interagency Memo on Special Purpose Credit Programs
In 2022, several agencies banded together to encourage banks to set up special race-based credit programs. This interagency memo and related actions should be repealed by the White House.Proposed Outcome
Terminate
Department of Justice
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. These cases include: U.S. v. Cobb County, No. 1:24-cv-02010 (N.D. Ga.) (disparate impact of credit check and written test, settlement with racial quota); U.S. v. Maryland State Police, No. 1:24-cv-02862 (D. Md.) (disparate impact of written and physical tests, settlement with racial and gender quotas); U.S. v. City of Durham, No. 1:24-cv 00838 (M.D.N.C.) (disparate impact of written test, settlement with racial quota); U.S. v. South Bend, No. 3:24-cv-00830 (N.D. Ind.) (disparate impact of written and physical tests); U.S. v. Suburban Heights, No. 4:24- cv-01319 (E.D. Mo.) (disparate impact of background checks for tenants); EEOC v. Sheetz, Inc., No. 3:24-cv 00231 (D. Md.) (disparate impact of criminal background checks).
Proposed Outcome
Settle
Disparate Impact Litigation
On Aug. 22, 2024, the U.S. District Court for the Western District of Louisiana issued an injunction barring the United States Environmental Protection Agency (EPA) and the United States Department of Justice (DOJ) from enforcing disparate-impact regulations. Louisiana v. EPA, No. 2:23-CV-00692 (W.D. La. Aug. 22, 2024).Proposed Outcome
Settle
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
American Bar Association Discrimination
As a federal-funds recipient, ABA is subject to Title VI, but USDOJ ruled on 8/7/2024, that ABA does not have to abide by that law’s nondiscrimination provisions. USDOJ should reverse this position and hold the ABA accountable for race discrimination.Proposed Outcome
Investigate
Department of Agriculture
Socially Disadvantaged Farmers & Ranchers Programs
Nearly all discrimination issues at USDA (including all those below) derive from the agency’s use of the term SDI (socially disadvantaged individuals) or SDFR (socially disadvantaged farmer or rancher). USDA and USDOJ should investigate the use of these terms agency wide, and prohibit any differing treatment based on race.Desired Outcome
Investigate
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.Proposed Outcome
Settle
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Biomass Crop Assistance Program
USDA provides a special price cap on costs to minority farmers. See 7 U.S.C. § 8111.
Proposed Outcome
Terminate
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
Dairy Margin Coverage Fees
Some farmers, based on race, exempt from the administrative fee. See 7 U.S.C. § 9054.
Proposed Outcome
Terminate
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
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
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
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
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).
Proposed Outcome
Terminate
Department of Commerce
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
Minority Business Development Agency
In 2023, the U.S. District Court for the Northern District of Texas ordered the MBDA to stop discriminating based on race. MBDA claims compliance with the order, but the agency’s name and mission statement still say “Minority,” which gives the clear indication that only minorities will be helped. The Secretary of Commerce should change the MBDA’s name and adjust its mission accordingly.Proposed Outcome
Investigate
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
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
Office of International Trade
SBA gives priority to minorities in the trade expansion program. See 15 U.S.C. § 649.
Terminate
Surety Bond Guarantee Program
SBA gives certain minorities preferences in small-business bond forgiveness. See 15 USC § 694b.
Terminate
Community Navigator Pilot Program
SBA operates a $100 million outreach program with priorities to minority owned businesses. See 15 U.S.C. § 9013.
Terminate
Broadband Opportunity Grants
Preference for minorities in awarding grants. 47 U.S.C. § 1305.
Terminate
Department of Defense
MOU with MBDA
Shortly after the election, DOD signed an agreement with MBDA to expand opportunities for minority businesses to supply to the DOD. This agreement should be terminated as unlawful race discrimination.Terminate
West Point Lawsuit
DOD should immediately stop using race as a factor in admission to the military service academies. As such, the Secretary should settle the pending lawsuit, Students for Fair Admission v. U.S. Military Academy West Point.Settle
Race-Based Scholarships
DOD should end their practice of supporting race-based scholarships, including the U.S. Navy-supported scholarships challenged in a lawsuit by Do No Harm.Settle
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
Department of Education
McNair Program
The Department is currently being sued for its nationwide, race-based higher education program that helps certain students pursue a graduate-level education. This lawsuit should be settled, and the program should be shut down.Settle
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
Pro-Hamas Protest Discrimination Complaints
In 2024, the Department received numerous civil-rights complaints arising from the Pro-Hamas campus protests. In particular, the Department should investigate universities that have committed to providing special scholarships or benefits to students based on national origin, like Northwestern University and Rutgers University.Proposed Outcome
Investigate
K-12 Discipline Guidance
The Department should revoke the Biden Administration’s “Resource on Confronting Racial Discrimination in Student Discipline” (May 2023). This policy subtly threatens school districts with investigations and sanctions unless racial disparities are erased.Terminate
K-12 Racial Balancing Investigations
Some K-12 districts take specific actions, such as changing admission criteria, or closing down programs or schools, specifically to erase racial disparities. The Department should investigate these allegations, such as the pending complaint against the Wauwatosa School District in Wisconsin.Proposed Outcome
Investigate
SFFA Guidance
The Department, along with the USDOJ, should immediately rescind the guidance document the entitled, “Questions and Answers Regarding the Supreme Court’s Decision in Students for Fair Admissions, Inc. v. Harvard College and University of North Carolina,” which was the Biden Administration’s attempt to narrow the scope of the decision.Terminate
SFFA Compliance Investigations
Several universities claim compliance with SFFA, yet their incoming freshman-class demographics have changed little, such as Yale and Princeton. The Department should investigate universities for falsely claiming to comply with Title VI to receive significant amounts of federal funds. The Department should also investigate whether universities have a racial motivation in dropping their use of the SAT or ACT, or whether they are engaging in discrimination by using ZIP codes as a proxy for race. Finally, as Vice-President Elect Vance wrote, universities should be investigated for whether they coordinated in violation of anti-trust laws.Proposed Outcome
Investigate
Department of Energy
Integrated Bioenergy Research and Development
Set aside of $5 million in bioenergy research for certain minorities. See 42 U.S.C. § 16311(d).
Terminate
Home Energy Whole-House Rebates
For homes located in minority communities, $200 “disadvantaged community incentive” for homes. See 42 U.S.C. § 18795.
Terminate
Department of Health and Human Services
DEI Grant Conditions
Various HHS agencies offer grants and other federal awards for discriminatory purposes and impose discriminatory requirements. As just one example, most, if not all, NIH/NSF grants require diversity statements and require hiring of minorities.Terminate
DEI in Healthcare Systems
Several complaints are pending against hospital systems, such as Cincinnati Children’s and Cleveland Clinic, based on allegations that these federal-funds recipients are racially discriminating against patients, students, and employees.Proposed Outcome
Investigate
Department of Homeland Security
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
Mentor Protégé Program
Special mentorship program for minority-owned firms. 6 U.S.C. § 475a.
Terminate
Intelligence And Cybersecurity Diversity Fellowship Program
Internship for minorities. 6 U.S.C. § 665a
Terminate
Public Transportation Security Grants
Preferences for minority owned businesses. 6 U.S.C. § 1135.
Terminate
Department of Labor
ESG Lawsuit
The DOL is defending a rule that allows the use of ESG factors in retirement investing.Settle
EEO-1 Forms, Office of Federal Contract Compliance
This Office collects EEO-1 forms from employers detailing racial statistics based on outdated and illegal racial categories.Terminate
Department of Transportation
Federal DBE Program
USDOT operates the largest and oldest affirmative action program in the U.S. It is currently partially enjoined by a federal court.Settle
Project grants for airport operations
Racial preferences in airport operations project grants. 49 U.S.C. § 47107.
Terminate
Airport Development
Ten percent of all funds for airport development spent through SDI-owned businesses. 49 U.S.C. § 47113.
Terminate
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
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
NASA Outreach Program
Program to promote minorities & gives preference to “socially disadvantaged” companies in contracting programs. 51 U.S.C. § 30305.
Terminate
Department of Treasury
Homeowner Assistance Fund
$10 billion homeowner assistance fund with SDI preference. 15 U.S.C. § 9058d.
Terminate
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 Technical Assistance Grants
$500 million for technical assistance to states to distribute to businesses owned by SDIs. 12 U.S.C. § 5708.
Terminate
State Small Business Credit Initiative
$2.5 billion program for states to distribute to businesses owned by SDIs. 12 U.S.C. § 5702.
Terminate
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
Export-Import Bank
Small Business Division’s function shall be to increase loans, guarantees, and insurance to SDIs. 12 U.S.C. § 635a.
Terminate
Export-Import Bank Preferences
Program to increase loans to minorities. 12 U.S.C. § 635.
Terminate
Environmental Protection Agency
Justice40
EPA operates this initiative in the name of “environmental justice” and promotes pseudoscience like “indigenous knowledge” under NEPA.Terminate
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
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