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Rep. Payne, Jr. Wants More Diversity in the Businesses that Build American Infrastructure

July 21, 2021

Media Contact: Patrick Wright -- Patrick.Wright@mail.house.gov

Washington, D.C. Rep. Donald M. Payne, Jr. wants more minority and women-owned businesses to compete and earn federal contracts to build America's roads and bridges. Rep. Payne, Jr., Chairman of the Subcommittee on Railroads, Pipelines, and Hazardous Materials, sent a letter to U.S. Transportation Secretary Pete Buttigieg and asked him to take the steps necessary to support a disadvantaged business enterprise (DBE) program within the Federal Railroad Administration (FRA), which is part of the U.S. Department of Transportation (DOT). A DBE program helps increase the participation of minority and women-owned businesses in federally-funded state and local transportation projects. The letter was co-led by Rep. Marilyn Strickland (WA-10) and signed by 58 Members of Congress, including all the Members of the Congressional Black Caucus.

"Minority businesses have been denied access to federal contracts for too long," said Rep. Donald M. Payne, Jr. "We need to make sure these minority and women-owned businesses get the opportunity to help build critical American infrastructure nationwide. These federal contracts are great ways to increase the wealth of minority communities and establish a more diverse federal workforce. I am proud to lead this letter with Rep. Strickland and encourage the creation of this disadvantaged business enterprise program with the full support of the Congressional Black Caucus."

"As Congress makes much-needed investments in our nation's infrastructure to revive our economy and create millions of jobs, we have to ensure that we are building an economy that works for all," said Congresswoman Marilyn Strickland. "I'm proud to join my friend and colleague, Congressman Payne, Jr., in leading this effort to urge the completion of long overdue equity efforts at the Federal Railroad Administration, which were obstructed by the previous Administration. Taking steps now to end historic discrimination against minority businesses in the rail industry and in federally-funded transportation contracts will only strengthen our nation's ability to build back better."

In the letter, Rep. Payne, Jr. wrote that establishing a "DBE program at FRA would be a significant step toward rectifying historic discrimination against DBEs in the rail industry. We will only truly succeed as a nation when we have a level playing field for all qualified businesses seeking opportunities for federally-funded transportation contracts." Rep. Payne, Jr. asked Secretary Buttigieg to complete a study of possible discrimination in how federal transportation contracts are awarded in the U.S. Department of Transportation. Once the study is complete, Congress can authorize the creation of a DBE program in the FRA.

The full letter is below.

July 21, 2021

The Honorable Pete Buttigieg

Secretary

U.S. Department of Transportation

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Docket No. DOT-OST-2021-0056

Dear Secretary Buttigieg:

We appreciate this Administration's commitment to advancing equity for disadvantaged business enterprises (DBEs) in the transportation sector. However, the lack of a DBE program at the Federal Railroad Administration (FRA) within the Department of Transportation (DOT) is a pressing issue that must be addressed in the immediate future.

Establishing a DBE program at FRA would be a significant step toward rectifying historic discrimination against DBEs in the rail industry. We will only truly succeed as a nation when we have a level playing field for all qualified businesses seeking opportunities for federally-funded transportation contracts.

To establish the necessary legal predicate to create a DBE program at FRA, a disparity study must be completed to present evidence of discrimination against minority businesses. Under the Fixing America's Surface Transportation Act of 2015 (P.L. 114-94), DOT was required to complete a disparity study of publicly-funded intercity rail passenger transportation projects.

Shamefully, it has been nearly six years since the enactment of that legislation and the study has yet to be completed, due to various delays and obstruction by the previous Administration. It is now estimated that the study will be complete by the end of 2021. Any further delay would be unacceptable and allow ongoing discrimination against DBEs to continue unabated and unprioritized by the federal government.

We strongly urge you to work with FRA to ensure that the disparity study is completed in a timely manner and the results are promptly transmitted to Congress.

We look forward to working with you and the Administration to ensure a fair shot for all businesses seeking contracting opportunities with DOT.

Sincerely,

Donald M. Payne, Jr. Marilyn Strickland

Member of Congress Member of Congress

Chairman Vice Chair

Subcommittee on Railroads, Pipelines, Subcommittee on Railroads, Pipelines,

and Hazardous Materials and Hazardous Materials

Eleanor Holmes Norton Gwen Moore

Member of Congress Member of Congress

Nikema Williams Karen Bass

Member of Congress Member of Congress

Eddie Bernice Johnson Henry C. "Hank" Johnson, Jr.

Member of Congress Member of Congress

André Carson Bonnie Watson Coleman

Member of Congress Member of Congress

Terri A. Sewell Barbara Lee

Member of Congress Member of Congress

Bennie G. Thompson Dwight Evans

Member of Congress Member of Congress

Mondaire Jones Frederica S. Wilson

Member of Congress Member of Congress

Alma S. Adams, Ph.D. Anthony G. Brown

Member of Congress Member of Congress

Kweisi Mfume Sanford D. Bishop, Jr.

Member of Congress Member of Congress

Bobby L. Rush Lauren Underwood

Member of Congress Member of Congress

 

Troy A. Carter, Sr. A. Donald McEachin

Member of Congress Member of Congress

Danny K. Davis G. K. Butterfield

Member of Congress Member of Congress

 

Robin L. Kelly Al Lawson

Member of Congress Member of Congress

Stacey E. Plaskett Maxine Waters

Member of Congress Member of Congress

Ritchie Torres Jahana Hayes

Member of Congress Member of Congress

James E. Clyburn Joyce Beatty

Member of Congress Member of Congress

Brenda L. Lawrence Val B. Demings

Member of Congress Member of Congress

Steven Horsford David Scott

Member of Congress Member of Congress

Emanuel Cleaver, II Joe Neguse

Member of Congress Member of Congress

Yvette D. Clarke Al Green

Member of Congress Member of Congress

Gregory W. Meeks Ayanna Pressley

Member of Congress Member of Congress

Marc A. Veasey Cori Bush

Member of Congress Member of Congress

Lisa Blunt Rochester Antonio Delgado

Member of Congress Member of Congress

Colin Z. Allred Robert C. "Bobby" Scott

Member of Congress Member of Congress

Frank Pallone, Jr. Sheila Jackson Lee

Member of Congress Member of Congress

Jefferson Van Drew Hakeem Jeffries

Member of Congress Member of Congress

Jamaal Bowman, Ed.D. Ilhan Omar

Member of Congress Member of Congress

Josh Gottheimer Albio Sires

Member of Congress Member of Congress

Tom Malinowski

Member of Congress