Promoting Access to Federal Programs

[from United States Commission on Civil Rights, Redefining Rights in America: The Civil Rights Record of the George W. Bush Administration, 2001–2004, Executive Summary, xii-xiv (pdf)]

By continuously improving access to federal programs, an administration can promote equal opportunity and reduce economic and social disparities. President Bush has made efforts to improve access, but as with past administrations, equal access remains elusive and requires greater federal investment.

Language Minorities: President Bush has indicated a commitment to improving access to federal programs for limited English proficient (LEP) individuals. Among the administration’s actions:

• DOJ issued a memorandum to federal agencies stating the Bush administration was committed to implementing a Clinton executive order to improve LEP access.

• The administration created the Federal LEP Interagency Working Group to improve efficiency and effectiveness of Title VI and executive order implementation, as well as the HERE Hispanic Initiative Grant Award to provide English instruction for immigrant workers and new American citizens.

• However, the administration has not required agencies to develop output measures or other assessments to evaluate progress. No procedures exist to assess whether federal programs and services are becoming more accessible to language minorities, hampering Title VI enforcement.

Underserved Minority Groups: President Bush extended several initiatives of earlier administrations designed to improve access for specific minority groups. Some assess a population’s general needs and develop solutions while others focus on a specific purpose. The administration modified each in some way. For example:

• President Bush extended the work of the President’s Advisory Commission on Asian Americans and Pacific Islanders (PACAAPI) until July 7, 2003. Before the group’s work could be completed, President Bush let the initiative’s renewal lapse. Almost a year later and after pleas from Congress and civil rights groups, he renewed it. However, the administration moved the initiative from the Department of Health and Human Services to the Department of Commerce and, without input from affected communities, changed its focus from broad appeal to a narrow one of economic and small business development. Advocacy groups criticized the changes, stating that they narrowed the mission and would result in neglect of pressing health problems.

• In 2001, the President also renewed the White House Initiative on Educational Excellence for Hispanic Americans. He created an advisory commission and charged it with developing a multiyear action plan to close the achievement gap. The administration has developed a Web site to help parents and students make college decisions, and increased funding for Hispanic serving institutions. Overall, it developed many plans but undertook few actions and offers minimal demonstrable outcomes.

• In 2002, President Bush reestablished the President’s Board of Advisors on Historically Black Colleges and Universities (HBCUs) and extended the White House Initiative on HBCUs, a program to increase the participation of these institutions in federal grants and contracts. The board recommended that 27 participating agencies designate 10 percent of all money spent on higher education to HBCUs; only the Department of Education has met the goal. The board also is more than two years behind schedule in releasing annual performance reports, rendering a governmentwide evaluation of HBCU programs difficult.

Funding for Religious Groups: When President Bush took office, he expanded the ability of religious groups to receive federal funds through the Faith-Based and Community Initiatives. Although the initiative constitutes a retreat from civil rights, President Bush has consistently presented it as an extension of civil rights to religious groups.

• He advanced the plan as a flagship initiative, mentioning it in more than 350 speeches, issuing executive orders, directing federal agencies to revise regulations, and working with Congress to pass and strengthen related legislation.

• President Bush does not speak about civil rights initiatives often, but when he does he promotes the faith-based program more than any other. He has presented the initiative as an end to discrimination against religious organizations, using terms such as “remove barriers,” “equal access,” and “equal treatment,” which convey that such programs have civil rights relevance. In reality, the program does not remove barriers to discrimination. On the contrary, it allows religious organizations that receive public funds to discriminate against individuals based on religion in employment.