Kerry Blasts Bush for Seeking to Deny Minority Businesses Participation in Department of Energy Programs

5/20/2003

From: Dayna Elizabeth Hanson of the Senate Committee on Small Business and Entrepreneurship, 202-224-8482

WASHINGTON, May 20 -- Sen. John Kerry today blasted President Bush for a new White House policy that contradicts the Administration's previously stated support for promoting diversity.

In a new Statement of Administration Policy (SAP), the White House has deemed unconstitutional provisions of the Energy Policy Act of 2003 designed to encourage the participation of socially and economically disadvantaged businesses in Department of Energy (DOE) research and development programs. In its SAP, the Administration also objected to language in the Act that would assist Historically Black Colleges and Universities (HBCUs), Tribal Colleges, and Hispanic-Serving Institutions (HSIs), even though President Bush pledged in January to support HBCUs and Hispanic-Serving Institutions with increased funding.

In a letter to President Bush, Kerry blasted the Administration's opposition to language in the Energy Policy Act of 2003 that encourages the participation of socially and economically disadvantaged businesses in DOE research and development programs.

"These proposals are meant to encourage the participation of underrepresented groups in various economic sectors and are effective in helping disadvantaged communities participate and contribute to the nation's economic, educational, and social well being," wrote Kerry. "It appears that the Administration has determined to oppose these proposals as they are now written."

"It appears that with this Statement of Administration Policy, the Administration is taking the position that even limited efforts to enhance the participation of underrepresented communities in government programs violate the Constitution. If that is indeed the Administration's position, you seem to be calling into question similar efforts underway at almost all federal agencies, and I want to express my strong opposition to that view."

In addition, the letter expressed concern over the supposed "unconstitutionality" of reserving Research and Development money through the Department of Energy for Historically Black Colleges and Universities, Tribal Colleges and Hispanic-Serving Institutions to train students for scientific and technical careers.

"It is my view that these proposals represent sound federal policy to ensure that all Americans have the opportunity to participate in economic and energy development. I urge you to withdraw your objections or to more fully articulate your opposition to helping underrepresented communities in this manner," Kerry said.

The full text of Kerry's letter follows:

May 13, 2003

The President The White House Washington, D.C. 20500

Dear President Bush:

The Statement of Administration Policy (SAP) dated May 8, 2003 on S. 14, the Energy Policy Act of 2003, includes the following objection:

Several provisions including sections 931, 987, and 1005, provide certain preferences based on the recipient's race. These provisions should be revised to apply only to the extent consistent with affording equal protection of the laws, as required by the Due Process Clause of the Fifth Amendment to the Constitution.

These sections are part of Title X, the Research and Development title of the energy bill. Section 931 would reserve funding for Historically Black Colleges and Universities, Tribal Colleges, and Hispanic-Serving Institutions to conduct research and development on renewable energy. Section 987 would encourage the participation of small businesses, including socially and economically disadvantaged businesses, in research and development. Section 1005 would encourage students from underrepresented groups to pursue scientific and technical careers. Section 1005 would also encourage partnerships between the Department of Energy and Historically Black Colleges and Universities, Tribal Colleges, and Hispanic-Serving Institutions to train students for scientific and technical careers.

These proposals are meant to encourage the participation of underrepresented groups in various economic sectors and are effective in helping disadvantaged communities participate and contribute to the nation's economic, educational and social well being. It appears the Administration has determined to oppose these proposals as they now are written.

I am concerned with your opposition to Section 987, which merely calls on the Small Business Advocate to "increase participation of small business concerns, including socially and economically disadvantaged small business concerns." It appears that with this SAP the Administration is taking the position that even limited efforts to enhance the participation of underrepresented communities in government programs violate the Constitution. If that is indeed the Administration's position, you seem to be calling into question similar efforts underway at almost all federal agencies, and I want to express my strong opposition to that view.

I believe the value and constitutionality of government efforts to ensure historically underrepresented populations have a full and fair opportunity to participate has been well established. For example, General Norman Schwarzkopf and other former military officials have made just that argument in a compelling brief to the Supreme Court. It reads that, "a racially diverse officer corps educated and trained to command our nation's racially diverse enlisted ranks is essential to the military's ability to fulfill its principal mission to provide national security."

I am also concerned that you have objected to sections of the bill that encourage the involvement of Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal Colleges in research and development and career training, particularly in light of your commitment to increase funding for these programs in order "to ensure educational freedom, opportunity and access for every American." It is difficult to understand how your Administration can be "committed to enhancing equal opportunity and strengthening the capacity of these institutions to provide excellence in education" when the SAP objects to these institutions being assured participation in federal programs.

It is my view that these proposals represent sound federal policy to ensure that all Americans have the opportunity participate in economic and energy development. I urge you to withdraw your objections or to more fully articulate your opposition to helping underrepresented communities in this manner.

Sincerely,

John F. Kerry