Senate Rejects Bid to Kill Contractor Set-Asides

The Senate on Friday rejected an effort by Republican conservatives to kill a 15-year-old program that helps women and minorities win highway construction contracts.

Despite arguments by many conservatives that public opinion is turning against such programs championed by advocates of affirmative action, 15 Republicans joined nearly all Democrats in a 58-to-37 vote against an amendment by Sen. Mitch McConnell (R-Ky.) to drop the Disadvantaged Business Enterprise program from a bill reauthorizing transportation projects for the next six years.

McConnell had argued that the program is “unfair, unconstitutional and just plain un-American.” Its defenders said it is both constitutional and necessary to help overcome a long history of discrimination in the construction industry, as Sen. Edward M. Kennedy (D-Mass.) put it.

It was the first vote of the year on affirmative action and appeared to dim prospects for legislation planned in both houses for a governmentwide ban on use of race- and gender-based criteria for hiring, promotion and contracting. “One would not be encouraged by this vote,” said McConnell, who is sponsoring such a bill.

The so-called set-aside program, signed into law by President Reagan, seeks to award at least 10% of highway construction work to firms owned by women and minorities. Sen. Max Baucus (D-Mont.) said it has increased the percentage of contracts going to these groups from 2% in the late 1970s to 15% now.

McConnell would have replaced it with a program of outreach and technical assistance to help all small and newly formed businesses, without reference to race or gender.