Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 1 of 94 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL URBAN LEAGUE, 80 Pine Street, 9th Floor, New York, NY 10005 NATIONAL FAIR HOUSING ALLIANCE, 1331 Pennsylvania Avenue NW, #650, Washington, DC 20004 AMERICAN ASSOCIATION FOR ACCESS, EQUITY AND DIVERSITY, 1701 Pennsylvania Avenue NW, #200 Washington, DC 20006 Plaintiffs, Case No. 1:20-cv-3121 v. DONALD J. TRUMP, in his official capacity as President of the United States, 1600 Pennsylvania Avenue NW, Washington, DC 20500 EUGENE SCALIA, in his official capacity as United States Secretary of Labor, 200 Constitution Ave NW, C-2318 Washington, DC 20210 U.S. DEPARTMENT OF LABOR, 200 Constitution Ave NW, S-2521 Washington, DC 20210 CRAIG E. LEEN, in his official capacity as Director of the Office of Federal Contract Compliance Programs, U.S. Department of Labor 200 Constitution Ave, NW C-3325 Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 2 of 94 Washington, DC 20210 OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, U.S. Department of Labor 200 Constitution Ave, NW C-3325 Washington, DC 20210 RUSSELL VOUGHT, in his official capacity as Director of the Office of Management and Budget, 725 17th Street, NW Washington, DC 20503 OFFICE OF MANAGEMENT AND BUDGET, 725 17th Street, NW Washington, DC 20503 DR. MICHAEL E. WOOTEN, in his official capacities as Administrator for the Office of Federal Procurement Policy and Chair of the Federal Acquisition Regulatory Council, Office of Management and Budget 725 17th Street, NW Washington, DC 20503 OFFICE OF FEDERAL PROCUREMENT POLICY, Office of Management and Budget 725 17th Street, NW Washington, DC 20503 FEDERAL ACQUISITION REGULATORY COUNCIL, Office of Management and Budget 725 17th Street, NW Washington, DC 20503 CHRISTOPHER C. MILLER, in his official capacities as U.S. Secretary of Defense and Member of the Federal Acquisition Regulatory Council, Office of the Secretary of Defense ii Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 3 of 94 1000 Defense Pentagon Washington, DC 20301-1000 U.S. DEPARTMENT OF DEFENSE, 1000 Defense Pentagon Washington, DC 20301-1000 JAMES FREDERICK BRIDENSTINE, in his official capacities as Administrator of the National Aeronautics and Space Administration and Member of the Federal Acquisition Regulatory Council, NASA Headquarters 300 E. Street SW, Suite 5R30 Washington, DC 20546 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NASA Headquarters 300 E. Street SW, Suite 5R30 Washington, DC 20546 DAN BROUILLETTE, in his official capacity as U.S. Secretary of Energy, 1000 Independence Ave., SW Washington, DC 20585 U.S. DEPARTMENT OF ENERGY, 1000 Independence Ave., SW Washington, DC 20585 SONNY PERDUE, in his official capacity as U.S. Secretary of Agriculture, 1400 Independence Ave., SW Washington, DC 20250 U.S. DEPARTMENT OF AGRICULTURE, 1400 Independence Ave., SW Washington, DC 20250 DR. BEN CARSON, in his official capacity as U.S. Secretary of Housing and Urban Development, iii Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 4 of 94 451 7th Street, SW Washington, DC 20410 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 451 7th Street, SW Washington, DC 20410 NEIL JACOBS, in his official capacity as Administrator of the National Oceanic and Atmospheric Administration, 1401 Constitution Avenue NW, Room 5128 Washington, DC 20230 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, 1401 Constitution Avenue NW, Room 5128 Washington, DC 20230 ROBERT WILKIE, in his official capacity as U.S. Secretary of Veterans Affairs, 810 Vermont Ave., NW Washington, DC 20420 U.S. DEPARTMENT OF VETERANS AFFAIRS, 810 Vermont Ave., NW Washington, DC 20420 MICK ZAIS, in his official capacity as U.S. Acting Secretary of Education, 400 Maryland Avenue, SW Washington, D.C. 20202 U.S. DEPARTMENT OF EDUCATION, 400 Maryland Avenue, SW Washington, D.C. 20202 DR. FRANCIS COLLINS, in his official capacity as Director of the National Institutes of Health, 9000 Rockville Pike Bethesda, MD 20892 iv Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 5 of 94 NATIONAL INSTITUTES OF HEALTH, 9000 Rockville Pike Bethesda, MD 20892 JIM REILLY, in his official capacity as Director of the U.S. Geological Society, 12201 Sunrise Valley Drive Reston, VA 20192 U.S. GEOLOGICAL SOCIETY, 12201 Sunrise Valley Drive Reston, VA 20192 ROBERT R. REDFIELD, in his official capacity as Director of the Centers for Disease Control, 1600 Clifton Road Atlanta, GA 30333 CENTERS FOR DISEASE CONTROL, 1600 Clifton Road Atlanta, GA 30333 EMILY W. MURPHY, in her official capacities as Administrator of the General Services Administration and Member of the Federal Acquisition Regulatory Council, 1800 F Street, NW Washington, DC 20405 GENERAL SERVICES ADMINISTRATION, 1800 F Street, NW Washington, DC 20405 CHAD WOLF, in his official capacity as U.S. Acting Secretary of Homeland Security, 2707 Martin Luther King Jr Ave, SE Washington, DC 20528 U.S. DEPARTMENT OF HOMELAND SECURITY, Office of the General Counsel v Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 6 of 94 MS 0485 2707 Martin Luther King Jr Ave, SE Washington, DC 20528 DR. KATHERINE LEMOS, in her official capacity as Chairperson and CEO of the U.S. Chemical Safety and Hazard Investigation Board, 1750 Pennsylvania Avenue, NW Suite 910, Washington, DC 20006 U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD, 1750 Pennsylvania Avenue, NW Suite 910, Washington, DC 20006 GLEN SMITH, in his official capacity as Board Chairman and CEO of the Farm Credit Administration, 1501 Farm Credit Drive McLean, VA 22102-5090 FARM CREDIT ADMINISTRATION, 1501 Farm Credit Drive McLean, VA 22102-5090 KRISTINE SVINICKI, in her official capacity as Chairman of the Nuclear Regulatory Commission, U.S. Nuclear Regulatory Commission Mail Stop O-16 B33 Washington, DC 20555-0001 U.S. NUCLEAR REGULATORY COMMISSION, Mail Stop O-16 B33 Legal Counsel and Deputy Chief of Staff Washington, DC 20555-0001 JOSEPHINE K. OLSEN, in her official capacity as Director of the Peace Corps, vi Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 7 of 94 1275 First Street NE Washington, DC 20526 PEACE CORPS, 1275 First Street NE Washington, DC 20526 JOHN RYDER, in his official capacity as Chair of the Tennessee Valley Authority, 400 West Summit Hill Drive Knoxville, TN 37902 TENNESSEE VALLEY AUTHORITY, 400 West Summit Hill Drive Knoxville, TN 37902 ANDREW WHEELER, in his official capacity as Administrator of the U.S. Environmental Protection Agency, Office of the Administrator - 1101A 1200 Pennsylvania Avenue, NW Washington, DC 20460 U.S. ENVIRONMENTAL PROTECTION AGENCY, Office of General Counsel - 2310A 1200 Pennsylvania Avenue, NW Washington, DC 20460 MICHAEL R. POMPEO, in his official capacity as U.S. Secretary of State, 2201 C St NW Washington, DC 20037 U.S. DEPARTMENT OF STATE, 2201 C St NW Washington, DC 20037 JEFFREY A. ROSEN, in his official capacity as U.S. Acting Attorney General, 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 vii Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 8 of 94 U.S. DEPARTMENT OF JUSTICE, 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Defendants.1 AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1 As relevant, the Defendants named in their official capacities include any successors in office. viii Case 1:20-cv-03121-APM Document 18 Filed 01/11/21 Page 9 of 94 1. Plaintiffs National Urban League, National Fair Housing Alliance, and American Association for Access, Equity and Diversity, on behalf of themselves and all others similarly situated (collectively, “Plaintiffs”), bring this civil rights class action for injunctive and declaratory relief against Defendants President Donald J. Trump, Eugene Scalia, United States Secretary of Labor, the United States Department of Labor, Craig E. Leen, Director of the Office of Federal Contract Compliance Programs, the Office of Federal Contract Compliance Programs, Russell Vought, Director of the Office of Management and Budget, the Office of Management and Budget, Dr. Michael E. Wooten, Administrator for the Office of Federal Procurement Policy and Chair of the Federal Acquisition Regulatory Council, the Office of Federal Procurement Policy, the Federal Acquisition Regulatory Council, Christopher C. Miller, United States Secretary of Defense and Member of the Federal Acquisition Regulatory Council, the United States Department of Defense, James Frederick Bridenstine, Administrator of the National Aeronautics and Space Administration and Member of the Federal Acquisition Regulatory Council, the National Aeronautics and Space Administration, Dan Brouillette, United States Secretary of Energy, the United States Department of Energy, Sonny Perdue, United States Secretary of Agriculture, the United States Department of Agriculture, Dr. Ben Carson, United States Secretary of Housing and Urban Development, the United States Department of Housing and Urban Development, Neil Jacobs, Administrator of the National Oceanic and Atmospheric Administration, the National Oceanic and Atmospheric Administration, Robert Wilkie, United States Secretary of Veterans Affairs, the United States Department of Veterans Affairs, Mick Zais, United States Acting Secretary of Education, the United States Department of Education, Dr. Francis Collins, Director of the National Institutes of Health, the National Institutes of Health, Jim Reilly, Director of the United States Geological Society, the United States Geological Society, Robert R. Redfield, Director of the Centers