Public Comment

NLM 60-day FRN Public Comment Log

Generic Clearance to Conduct Voluntary Customer/Partner Surveys (NLM)

Public Comment File #1
Date of Comment:	April 22, 2015
Date Received:	April 22, 2015
Category: (Simple or Multiple Comments)	Simple
Comment Type: (Fax, Letter, Email, Post Card, Other)	Email
Author’s First Name:	Roger
Author’s Last Name:	Clegg
Author’s Affiliation: (if available)
Sponsoring Organization: (if available)	Center for Equal Opportunity
Comment received	April 22, 2015 Dear Mr. Sharlip, We have a question and a comment on today’s Federal Register notice (April 22, 2015, 80 FR 22542) re “Proposed Collection; 60-Day Comment Request; Generic Clearance To Conduct Voluntary Customer/Partner Surveys (NLM),” in which there is a reference to an “emphasis on those serving minority groups ….” Our question is, what is the statutory basis for this reference to what we assume to be racial and ethnic minorities? As you may know, it is generally illegal for the government to show favoritism or even use classifications based on race or ethnicity.  See Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 227 (1995) ("all racial classifications … must be analyzed by a reviewing court under strict scrutiny"); see also 42 U.S.C. 2000d (barring discrimination on the basis of race, color, and national origin in federally funded programs).  Indeed, such classifications and favoritism are "presumptively invalid" (see Personnel Administrator v. Feeney, 442 U.S. 256 (1979)).   Our comment, then, is to request respectfully that this phrase be removed from this Federal Register notice and future notices of this kind. Thank you very much for your attention to our concerns, and we look forward to your reply.   Sincerely,   Roger Clegg President and General Counsel Center for Equal Opportunity 703/442-0066
Date NLM responded to comment:	April 22, 2015
NLM response provided (format):	Email acknowledgement of comment receipt for further review