Notice2022-01478
Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs
Primary source
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Published
January 31, 2022
Issuing agencies
Justice Department
Abstract
This notice announces the availability on the Department of Justice's website of an updated report regarding the legal and evidentiary frameworks that justify the continued use of race or sex, in appropriate circumstances, by federal agencies to remedy the current and lingering effects of past discrimination in federal contracting programs.
Full Text
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<title>Federal Register, Volume 87 Issue 20 (Monday, January 31, 2022)</title>
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[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Page 4955]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01478]
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DEPARTMENT OF JUSTICE
[Docket No. CRT 142]
Notice of Report on Lawful Uses of Race or Sex in Federal
Contracting Programs
AGENCY: Civil Rights Division, Department of Justice.
ACTION: Notice.
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SUMMARY: This notice announces the availability on the Department of
Justice's website of an updated report regarding the legal and
evidentiary frameworks that justify the continued use of race or sex,
in appropriate circumstances, by federal agencies to remedy the current
and lingering effects of past discrimination in federal contracting
programs.
FOR FURTHER INFORMATION CONTACT: Andrew Braniff, Deputy Section Chief,
Employment Litigation Section, Civil Rights Division, Department of
Justice, (202) 514-3831, <a href="/cdn-cgi/l/email-protection#63262e334d2f0a17230011174d1610070c094d040c15"><span class="__cf_email__" data-cfemail="0e4b435e2042677a4e6d7c7a207b7d6a616420696178">[email protected]</span></a>. If you use a
telecommunications device for the deaf (TDD) or a text telephone (TTY),
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: A substantial body of evidence, both
quantitative and qualitative, demonstrates the continued pervasiveness
of discriminatory barriers that impede the full and fair participation
of businesses owned by women and people of color in government
contracting. The nature and breadth of the evidence discussed in the
report updates and expands on prior reports--in 1996 and 2010--and
supports the compelling interest in the continued use of federal
programs that contain remedial measures to eliminate discriminatory
barriers to contracting opportunities for businesses owned by women and
people of color. See Adarand v. Constructors, Inc. v. Pena, 515 U.S.
200 (1995).
Section I of the report provides an overview of the legal landscape
surrounding constitutional challenges to the use of race and sex in
contracting programs that are subject to strict and intermediate
scrutiny, including a discussion of some recent cases challenging
various federal and state contracting programs. Section II reviews a
substantial body of statistical evidence published in the last decade,
which demonstrates the existence of significant disparities in the
amount of public contracting dollars going to businesses owned by women
and people of color as compared to their availability for such
contracts. Section III explores the various ways that discriminatory
barriers can limit access to contracting markets, resulting in the
statistical disparities identified in Section II. These include race
and sex discrimination by procurement agencies and prime contractors,
whether overt or subtle; exclusion from business networks crucial to
making the connections necessary to learn about and compete effectively
for contracting opportunities; and discrimination by bonding companies
and suppliers. Section IV discusses stark disparities in the formation
and success of businesses owned by women and people of color as
compared to other businesses. Section V addresses discriminatory
barriers that impose significant burdens on businesses owned by women
and people of color--affecting both their ability to access capital to
form and grow businesses in the first instance as well as their ability
to compete effectively for contracts. Finally, Section VI addresses how
the economic downturn that began in 2020 as a result of the COVID-19
pandemic has disproportionately affected businesses owned by women and
people of color.
Evidence discussed in the report is listed in the three appendices.
Appendix A identifies congressional hearings from 2010 to 2021 that
address challenges facing business owned by women and people of color.
Appendix B identifies dozens of disparity studies published between
2010 and 2021. Appendix C identifies additional studies and
documentation pertaining to the issues discussed in the report.
The report is available on the Department of Justice's website at:
<a href="https://www.justice.gov/crt/page/file/1463921/download">https://www.justice.gov/crt/page/file/1463921/download</a>.
Dated: January 20, 2022.
Johnathan Smith,
Deputy Assistant Attorney General, Civil Rights Division.
[FR Doc. 2022-01478 Filed 1-28-22; 8:45 am]
BILLING CODE 4410-13-P
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