    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book II)]
    [July 19, 1995]
    [Page 1114]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Affirmative Action
    July 19, 1995

    Memorandum for Heads of Executive Departments and Agencies

    Subject: Evaluation of Affirmative Action Programs

        This Administration is committed to expanding the economy, to
    strengthening programs that support children and families, and to
    vigorous, effective enforcement of laws prohibiting discrimination.
    These commitments reflect bedrock values--equality, opportunity, and
    fair play--which extend to all Americans, regardless of race, ethnicity,
    or gender.
        While our Nation has made enormous strides toward eliminating
    inequality and barriers to opportunity, the job is not complete. As the
    United States Supreme Court recognized only one month ago in Adarand
    Constructors, Inc. v. Pena. ``[t]he unhappy persistence of both the
    practice and the lingering effects of racial discrimination against
    minority groups in this country is an unfortunate reality, and
    government is not disqualified from acting in response to it.'' This
    Administration will continue to support affirmative measures that
    promote opportunities in employment, education, and government
    contracting for Americans subject to discrimination or its continuing
    effects. In every instance, we will seek reasonable ways to achieve the
    objectives of inclusion and antidiscrimination without specific reliance
    on group membership. But where our legitimate objectives cannot be
    achieved through such means, the Federal Government will continue to
    support lawful consideration of race, ethnicity, and gender under
    programs that are flexible, realistic, subject to reevaluation, and
    fair.
        Accordingly, in all programs you administer that use race,
    ethnicity, or gender as a consideration to expand opportunity or provide
    benefits to members of groups that have suffered discrimination, I ask
    you to take steps to ensure adherence to the following policy
    principles. The policy principles are that any program must be
    eliminated or reformed if it:
           (a)  creates a quota;
           (b)  creates preferences for unqualified individuals;
           (c)  creates reverse discrimination; or
           (d)  continues even after its equal opportunity purposes have
                been achieved.
        In addition, the Supreme Court's recent decision in Adarand
    Constructors, Inc. v. Pena requires strict scrutiny of the
    justifications for, and provisions of, a broad range of existing race-
    based affirmative action programs. You recently received a detailed
    legal analysis of Adarand from the Department of Justice. Consistent
    with that guidance, I am today instructing each of you to undertake, in
    consultation with and pursuant to the overall direction of the Attorney
    General, an evaluation of programs you administer that use race or
    ethnicity in decision making. With regard to programs that affect more
    than one agency, the Attorney General shall determine, after
    consultations, which agency shall take the lead in performing this
    analysis.
        Using all of the tools at your disposal, you should develop any
    information that is necessary to evaluate whether your programs are
    narrowly tailored to serve a compelling interest, as required under
    Adarand's strict scrutiny standard. Any program that does not meet the
    constitutional standard must be reformed or eliminated.

                                                          William J. Clinton