25.3092.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senator Gerhardt
A concurrent resolution urging the United States Federal Government, Congress, and the
Governor of North Dakota to end the disadvantaged business enterprise program.
WHEREAS, the President Donald J. Trump issued executive orders directing federal
agencies to align with the administration's policy to terminate diversity, equity, and inclusion
initiatives (DEI); and
WHEREAS, the orders directed that employment, procurement, and contracting practices of
federal contractors and subcontractors may not consider race or gender and further required
every federal contract or award to certify the recipient does not operate any programs
promoting diversity, equity, and inclusion which violate any applicable federal anti-discrimination
laws; and
WHEREAS, the Department of Government Efficiency (DOGE) has been tasked with
identifying inefficiencies within the federal government; and
WHEREAS, the United States Department of Transportation and the North Dakota
Department of Transportation administer the disadvantaged business enterprise program; and
WHEREAS, the disadvantaged business enterprise program (DBE) is a form of DEI; and
WHEREAS, the DBE program requirements are burdensome and often a deterrent for
contractors to bid federally funded projects; the requirements increase contractors' overhead
costs, reduce competitive bidding, and prevent general contractors from offering the lowest
possible bid, thus wasting taxpayer funds; and
WHEREAS, the increased costs due to the DBE program are not needed, do not add value,
and do not serve the taxpayer; and
WHEREAS, government construction contracts should be awarded based on the lowest
responsible bid, not based on the color of someone's skin, race, sex, or any other presumption
of social disadvantage; and
Page No. 1 25.3092.02000
SENATE CONCURRENT RESOLUTION NO. 4021
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24 Sixty-ninth
Legislative Assembly
WHEREAS, the United States District Court for the Eastern District of Kentucky granted a
limited preliminary injunction against the United States Department of Transportation in the case
Mid-America Milling Co., LLC v. United States Department of Transportation and the court found
the race and gender-based rebuttable presumptions used in the DBE program violate the equal
protection clause of the 14
th
Amendment to the United States Constitution;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE
HOUSE OF REPRESENTATIVES CONCURRING THEREIN:
That the Sixty-ninth Legislative Assembly supports President Trump and his administration's
efforts to eliminate DEI policies from the federal government including the DBE program; and
BE IT FURTHER RESOLVED , that the Sixty-ninth Legislative Assembly encourages the
DOGE to take steps to eliminate the DBE program, and all other related DEI programs; and
BE IT FURTHER RESOLVED , that the Sixty-ninth Legislative Assembly encourages the
North Dakota Congressional Delegation to work to remove DEI initiatives, policies, and
requirements from funding to states; and
BE IT FURTHER RESOLVED , that the Sixty-ninth Legislative Assembly supports the
Governor of North Dakota ending the North Dakota Department of Transportation DBE program
as soon as allowed under federal law; and
BE IT FURTHER RESOLVED , that the Sixty-ninth Legislative Assembly supports the North
Dakota Attorney General taking any available legal action to assist in striking down DBE
program requirements and practices in the state; and
BE IT FURTHER RESOLVED , that the Secretary of State forward copies of this resolution
to each member of the North Dakota Congressional Delegation, the President of the United
States, the Governor of North Dakota, the Attorney General of North Dakota, and the
Administrator of the Department of Government Efficiency.
Page No. 2 25.3092.02000
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