Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE CONCURRENT RESOLUTION NO. 4021
(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
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 S.C.R. NO. 4021 - PAGE 2
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. S.C.R. NO. 4021 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State