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DOE/ERA RIN: 1903-AA23 Publication ID: Spring 2025 
Title: ●Rescinding Regulations for Loans for Minority Business Enterprises Seeking DOE Contracts and Assistance 
Abstract:

This action rescinds the regulations for loans for minority business enterprises seeking DOE contracts and assistance, because the regulations use race in a manner that was found to violate the Equal Protection Clause of the Fourteenth Amendment. In Students for Fair Admissions v. Harvard, 600 U.S. 181, 230 (2023), the Supreme Court held that the admissions programs of two universities violated the Equal Protection Clause. The loan programs governed by 10 CFR 800 bear similar characteristics to the unconstitutional admissions programs: lacking sufficiently focused and measurable objectives justifying the use of race, employing race in a negative manner, and not containing an end point for the use of race as a criterion.

 
Agency: Department of Energy(DOE)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 14192 Designation: Deregulatory 
CFR Citation: 10 CFR 800   
Legal Authority: 42 U.S.C. 7141   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Direct Final Rule  05/16/2025  90 FR 20769   
Direct Final Rule Effective Date  07/15/2025 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
David Taggart
Acting General Counsel
Department of Energy
Office of General Counsel
1000 Independence Ave, SW, Office of the General Counsel,
Washington, DC 20585
Phone:202 586-5281
Email: doegeneralcounsel@hq.doe.gov