The purpose of this report is to provide a broad, but by no means exhaustive, survey of federal statutes that specifically refer to race, gender, or ethnicity as factors to be considered in the administration of any federal program. Such measures may include, but are not limited to, goals, timetables, set-asides, quotas, priorities, and preferences, as those terms are generally (however imperfectly) understood. Based on searches of the LEXIS/NEXIS and WESTLAW legal databases using a variety of search strategies, the compilation reflects our effort to be as comprehensive as possible. Because of the various ways in which such programs can be described, however, we cannot guarantee complete coverage. Moreover, given the disparate policy objectives and wording of the various provisions, some editorial judgment was called for, and the final product may be viewed as over- or under-inclusive, depending on the reader's perspective. Nonetheless, included are any statutes found during the course of our research that appear, in any manner, to prefer or consider race, gender, or ethnicity as affirmative factors in federal employment, in the award of federal contracts, or in granting any federal benefit to individuals or institutions. Several laws directed to "socially and economically disadvantaged" individuals, groups, and institutions are included because, as explained below, that term has been defined administratively and by statute to presumptively apply to specific racial or ethnic minorities or women. However, despite the focus on federal laws containing goals, set-asides, priorities, or other preferences based on race, gender, or ethnicity, this report does not attempt to track whether and how "minority" status, "disadvantage," or other relevant terms are defined by statute, regulation, or case law for purposes of these programs. Those interested in specific programs should check the statutes authorizing and regulations implementing those programs, as well as any case law pertaining to the program, to determine eligibility. It is important to note that certain categories of federal law are purposely not included. For example, federal regulations and executive orders are generally not covered, although certain regulations and executive orders may be discussed when they apply government-wide or are otherwise significant. Also not included are various federal civil rights statutes, like Title VI of the 1964 Civil Rights Act and related laws, that place nondiscrimination requirements upon recipients of federal financial assistance without mandating racial, ethnic, or gender preferences per se . Nor are regulations of the various federal departments or agencies under Title VI included for the similar reason that, although they almost uniformly authorize "affirmative action" by recipients to "overcome the effects of prior discrimination" or otherwise, they do not explicitly define the obligation in terms of "goals" or "set-asides," or other forms of preference for minorities or women. Also beyond the scope of this study are federal antidiscrimination laws that provide for equal opportunity, such as Title VII of the 1964 Civil Rights Act or the Fair Housing Act. Although many of these statutes authorize "affirmative" relief by the courts in discrimination actions and have been the basis for judicial preference orders in certain circumstances, they do not explicitly direct the imposition of timetables, goals, set-asides, quotas, or preferences on their face. Another category of statutory preferences excluded from consideration here are federal programs focused solely upon Native Americans living on or near a reservation. Such programs have been upheld by the Supreme Court under the Constitution based on the Government's historical trust relationship with the Tribes and the "unique legal status [of] Indians" in matters relating to tribal affairs "on or near" the reservation. According to the accepted legal view, such "special treatment" constitutes neither "racial discrimination" nor "even a 'racial' preference." It is based instead on a "criterion reasonably designed to further the cause of Indian self-government" which "as applied, is granted to Indians not as a discrete racial group, but, rather, as members of quasi-sovereign tribal entities...." Native American individuals and Indian tribes are among those eligible for some of the programs listed, such as the Minority Small Business and Capital Development Program, but programs open only to Native Americans are generally not included. We also focused on programs that would arguably directly benefit minorities or women and thus excluded requirements that federal agencies report certain information on their programs for minorities or women to Congress or congressional committees. Such provisions arguably indirectly benefit minorities and women by making agencies accountable for any apparent failures to deal with minorities or women, but they seem less certain to provide assistance to minorities and women than the other programs and provisions included here. Likewise, we exclude programs that focus exclusively on pregnant women, since these programs are not explicitly based on gender. Below, this report sets forth the various preference programs, organized into two main sections: government-wide programs and agency-specific programs, which are subdivided by agency. This section lists programs involving "preferential" treatment of minorities or women that multiple federal agencies have a role in implementing. It does not address statutes without explicit racial, gender, or ethnicity classifications that agencies could potentially implement in such a way as to prefer minorities or women. Because many of these programs are known by their names, they are listed here alphabetically by name, when possible, with their statutory authorities noted parenthetically after their names. Affirmative Action Plans (Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, 12107, and 13279, as well as partially superseded by Executive Order 11478): Requires all non-construction federal prime contractors or subcontractors with 50 or more employees that receive more than $50,000 from the government in any twelve month period to develop written affirmative action plans for each of their establishments. Additionally, agencies cannot award or modify non-construction contracts valued at $10 million or more unless the Office of Federal Contract Compliance Programs at the Department of Labor determines in writing that the contractor is compliant with Executive Order 11246. Construction contractors are subject to separate affirmative action requirements, including having "goals for minority and female participation, expressed in percentage terms for the [c]ontractor's aggregate workforce in each trade on all construction work in the covered area" incorporated as terms of the contract. Agency Forecasts (15 U.S.C. § 637(a)(12)(C)(i)-(iii)): Requires agencies with contract actions worth $50 million or more per fiscal year to prepare "forecast[s] of expected contract opportunities or classes of contract opportunities for the next and succeeding fiscal years that small business concerns, including those owned and controlled by socially and economically disadvantaged individuals, are capable of performing." To the extent that such information is available, such forecasts shall include (1) the approximate number of individual contract opportunities; (2) the approximate dollar value, or range of dollar values, for each contract opportunity or class of contract opportunities; (3) the anticipated time for issuance of a procurement request (by fiscal quarter); and (4) the activity responsible for award and administration of the contract. Goaling Program (15 U.S.C. § 644(g)(1)-(2)): Requires the President to set government-wide goals for the percentage of federal contract dollars awarded to various types of small businesses, including small disadvantaged businesses (SDBs) and women-owned small businesses (WOSBs). The goals for each category should be "not less than 5 percent of the total value of all prime contract and subcontract awards." Agency heads must set similar, agency-specific goals for contracting and subcontracting with SBDs and WOSBs in consultation with the Small Business Administration (SBA) Administrator. The agency-specific goals do not need to meet or exceed any specific percentage. Rather, they are to "realistically reflect the potential" of small businesses to perform federal prime contracts and subcontracts and thus vary among agencies. Grants and Cooperative Agreements with State and Local Governments (OMB Circular A-102): Establishes a national policy to award a "fair share of contracts" to small and minority business firms, as well as requires grantees to take "similar appropriate affirmative action to support women's enterprises." Minority Small Business and Capital Development Program (8(a) Program) (15 U.S.C. § 636(j); 15 U.S.C. § 637(a)): Provides various benefits for participating small businesses, which must be at least 51% owned and controlled by socially and economically disadvantaged individuals or groups. Benefits include (1) set-aside and sole-source contracts with federal agencies; (2) direct and guaranteed loans from the SBA; (3) transfer of technology and surplus property owned by the United States; (4) management and technical assistance, including training in financing, management, accounting, bookkeeping, marketing, the operation of small businesses, and the identification and development of new business opportunities; and (5) participation in an SBA-sponsored mentor-protégé program, with mentors providing protégés with technical or management assistance; financial assistance in the form of equity investments or loans; subcontracts; or assistance in performing prime contracts with the government in the form of joint venture arrangements. Small Business Innovation Research (SBIR) Program (15 U.S.C. § 638): Requires every federal department with a research and development budget of $100 million or more to operate an SBIR program, which seeks, among other things, to increase the involvement of SDBs in the process of technological innovation. Small Business Subcontracting Program (15 U.S.C. § 637(d)): Promotes the use of SDBs and WOSBs as subcontractors on federal prime contracts.