Civil Rights Panel Calls For "Race-Neutral" Programs The U.S. Civil Rights Commission charged that federal agencies have failed to consider “race-neutral alternatives” to the 8(a) and small disadvantaged business programs, as required by the Supreme Court. In a wide-ranging attack on affirmative action policies, the Commission said the federal government is not complying with the 1995 Supreme Court decision in the Adarand case, which limited race-based preferences. “In general, this report finds that federal agencies have not complied with their constitutional obligation, according to the Supreme Court, to narrowly tailor programs that use racial classifications by considering race-neutral alternatives to redress discrimination,” the Commission said. “Nor have they made the ‘concentrated race-neutral efforts’ that the Clinton Administration Department of Justice urged, based on the Adarand decision.” One of the six commission members, Michael Yaki, filed a stinging dissent, calling the majority report “a radical step backwards from the race-progressive policies this nation has undertaken for the past half-century, by recommending, under the cloak of ‘race neutrality,’ the termination of all race-conscious programs and remedies from federal government contracting an procurement.” After examining procurement programs in seven federal agencies, the commission majority concluded that the agencies relied on SBA’s 8(a) and SDB programs to create opportunities for minority-owned businesses, without making any independent determination of whether such programs were necessary. The majority said the government’s “goal should be to eliminate reliance on race-conscious programs.” It said agencies should use race-neutral contracting strategies such as enforcing anti-discrimination policies; providing technical assistance such as mentor-protégé programs; offering financial assistance through SBA loans and venture capital programs; and expanding contracting opportunities, for example, by breaking up large contracts. The Commission called on Congress to enact legislation to prohibit racial discrimination in federal contracting and establish “effective enforcement policies.” In dissent, Commissioner Yaki said the majority wants to replace affirmative action with nondiscrimination laws. He charged that would “completely neuter federal agencies’ efforts to remedy past discrimination and enhance equal opportunity for people of color.” The report, “Federal Procurement After Adarand,” is available at www.usccr.gov/pubs/080505_fedprocadarand.pdf.