For Immediate Release: March 4, 1998

San Francisco – Today, Senator Mitch McConnell (R-KY) will introduce his amendment to bring the Intermodal Surface Transportation Efficiency Act (ISTEA) into compliance with the Equal Protection Clause of the U.S.Constitution and the U.S. Supreme Court's decision in Adarand v. Pena.

"This is the first serious step congress has taken to remedy the Byzantine maze of federal preference programs and set-asides that divide us as a people," said Sally C. Pipes, president and CEO of the Pacific Research Institute for Public Policy. "We applaud the Senator's efforts to uphold the Constitution."

ISTEA authorizes the construction and maintenance of federal highways and public transit. Debate over the reauthorization of the ISTEA bill, which mandates that "not less than 10 percent" of federal highway and transit funds be allocated to "disadvantaged business enterprises," (DBEs) is underway in the U.S. Senate.

The DBE clause of ISTEA encourages the same blanket set-asides based on race and sex deemed unconstitutional by the Supreme Court in Adarand, which were subsequently struck down by a U.S. District Court. Senator McConnell's amendment would strike the 10 percent set-aside and replace the DBE program with one based exclusively on economic status.

"Without Senator McConnell's amendment, Congress would proceed to pass legislation that is in clear violation of our constitutional principles. The Supreme Court has said these quotas are wrong. It's time for the federal government to take this first step towards restoring the principle of individual rights," said Katherine Post, director of PRI's Center for Enterprise and Opportunity. "To do otherwise would be unconscionable."

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The Pacific Research Institute for Public Policy is a non-profit organization dedicated to the promotion of the principles of individual freedom and personal responsibility. The Institute believes these principles are best encouraged through policies that emphasize a free economy, private initiative, and limited government. By focusing on public policy issues such as health care, welfare, education, and the environment, the Institute strives to foster a better understanding of the principles of a free society among leaders in government, academia, the media, and the business community.