Executive Order 2026-XX: Ensuring Merit-Based Practices in Federal Contracting by Prohibiting Discrimination Under DEI Pretexts

By the authority vested in me as President by Article II, Section 3 of the Constitution and laws of the United States, including 40 U.S.C. § 121 (GSA authority), 41 U.S.C. §§ 3301, 3303-3305 (acquisition policies), and 41 U.S.C. § 1126 (OFPP policy leadership), it is hereby ordered: Section 1. Policy. Federal contracting must prioritize individual merit, qualifications, and performance. No federal contractor shall discriminate in employment or contract awards based on race, color, religion, sex, national origin, age, disability, or genetic information, including through DEI programs, quotas, or preferences that disadvantage individuals outside protected groups. This upholds equal protection under the Fifth Amendment Due Process Clause and faithful execution of civil rights laws. Section 2. Directives. (a) The FAR Council shall, within 180 days, propose amendments to the Federal Acquisition Regulation (FAR) requiring contractors to certify compliance with nondiscrimination rules, banning DEI practices that use group-based preferences. (b) Agency heads shall review and rescind any conflicting guidance. (c) The Office of Federal Contract Compliance Programs (OFCCP) shall enforce via audits and compliance checks. Section 3. Implementation and Oversight. Agencies shall report annually to the Director of OMB on enforcement actions. The Government Accountability Office (GAO) shall audit program effectiveness every two years, with findings public. Section 4. Sunset and Review. This order sunsets five years from issuance unless renewed by the President. Congress may review via oversight hearings. Section 5. General Provisions. (a) Severability. (b) Judicial review under Administrative Procedure Act in U.S. District Court for the District of Columbia, appeal to D.C. Circuit. (c) No private right of action beyond existing law.