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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 | |
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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. |
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| 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 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Federalism: Undetermined | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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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 |
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