[Congressional Record Volume 166, Number 121 (Wednesday, July 1, 2020)]
[Extensions of Remarks]
[Pages E597-E598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT

                                 ______
                                 

                               speech of

                            HON. GWEN MOORE

                              of wisconsin

                    in the house of representatives

                         Tuesday, June 30, 2020

  Ms. MOORE. Mr. Speaker, I rise in support of H.R. 2 and look forward 
to working with my colleagues to strengthen and improve this 
legislation as it moves through the legislative process.
  I thank the Chairs of the various committees who have worked hard and 
tirelessly to put this legislation together.
  My colleagues may have noticed that over the past few weeks 
demonstrators of all colors and creeds have taken to the streets to 
press for changes in our country caused by systemic racism. While it 
was police brutality that brought them to the streets, let's be clear 
that these inequalities span across all institutions of our society.
  One area where this systemic discrimination has been long known is in 
federal transportation funding. For much too long, good ol' boys 
networks have held tight the rein on this funding so that qualified 
small businesses owned by minorities and women have been left on the 
sideline. Even today, their participation is far too low, even as we 
celebrate some progress. Report after report continue to find systemic 
barriers, such as access to capital, that leave these businesses hard 
pressed to compete for these funds.
  Economic disempowerment is one of the most crippling effects of the 
systemic and institutional racism that has gripped this country. When 
businesses owned by minorities are excluded or have to jump through so 
many hoops as to be effectively excluded from being able to fairly 
compete for and undertake the billions of dollars in transportation 
funding we distribute every year, then we have a problem. A big 
problem.
  Policies to promote equity and end systemic racism in America must 
not overlook the transportation sector. We must continue to prioritize 
tearing down barriers that limit the ability to win work because of the 
color of the skin of the owner or owners or gender or any other form of 
unlawful discrimination when advancing transportation legislation.
  With so many literally crying out in our streets across our nation 
for Congress to act boldly and strongly to address inequalities that 
are so entrenched and pervasive, particularly against women and people 
of color, this bill marks a great opportunity to move the ball forward. 
Unfortunately, while H.R. 2 today recognizes the historic 
discrimination in the transportation industry that has left qualified 
businesss owned by minorities and women behind, and I applaud those 
steps, it overalls punts on trying to help ensure a fair and 
competitive process for winning work on the $1.5 trillion in funding 
authorized in this legislation.
  Even as the DOT Inspector General, GAO, and others continue to 
identify problems with existing programs (much less make 
recommendations about ways to improve them) that hinder their 
effectiveness, including grantees supplying incorrect data, problems 
with certification, and much more, this bill largely stands pat with 
the status quo. I am disappointed that some amendments to try and 
improve existing programs to address identified problems were not made 
in order.
  The status quo is unacceptable. We need to take every opportunity to 
tear down systemic racism and discrimination, including that found in 
our transportation and infrastructure sector. If the federal government 
is unwilling to lead in this area, who will?
  I include in the Record a letter that I authored, and which 40 of my 
colleagues joined, to the House Transportation and Infrastructure 
Committee earlier this Congress asking for an infrastructure package 
that helps ensure a level playing field for these qualified businesses.
  At the end of the day, what these communities desire is not a promise 
of hearings or more excuses about why we have to be careful here, but 
the opportunity for all communities to compete on a fair, impartial, 
and unbiased basis for federal transportation dollars that they, as 
taxpayer, contribute to. It is clear that even today, that is not the 
reality. We need to dismantle the institutional barriers that stack the 
odds against these qualified businesses.
  Again, I support the level of investment in this bill. I support the 
plus-ups for public transportation, water, rail, and to combat climate 
change. Those are critical changes that will help improve 
infrastructure and address real needs in our communities.
  And while I urge my colleagues to support this bill, and will vote 
for it, I also want to make clear that there is more work to do here to 
heed the voices that have taken to our streets and are screaming out 
today to end racism in all its forms, in all aspects of our society.


                                Congress of the United States,

                                 Washington, DC, February 8, 2019.
     Hon. Peter DeFazio,
     Chairman, House Transportation and Infrastructure Committee, 
         Washington, DC.
       Dear Chairman DeFazio: As you put together an 
     infrastructure package, we write to urge you to take steps to 
     ensure that minority contractors can fully participate in all 
     projects funded by any proposal in the 116th Congress. We 
     urge the inclusion of funding and provisions in any such 
     proposal that help facilitate the certification of these 
     contractors as well as to support their ability to fairly 
     compete and win work. Additionally, we urge you to ensure 
     that all hearings on an infrastructure package in the 116th 
     Congress include the voices and viewpoints of minority 
     contractors who can testify to the ongoing challenges they 
     face in competing for and winning work on federally funded 
     infrastructure projects.
       Transportation projects mean jobs and businesses for 
     communities across our nation and ensuring that all 
     businesses in our communities, including small and 
     disadvantaged concerns owned businesses, must remain a 
     priority.
       Unfortunately, too often, the promises provided by federal 
     law and regulations regarding minority contractor 
     participation in federally funded infrastructure projects 
     fall well short of the reality. Despite some successes, many 
     states are still struggling to meet participation goals and 
     requirements with their regular federal infrastructure 
     funding, when such goals and requirements are attached. What 
     these challenges do point out is the need for lawmakers to 
     continue to make forceful efforts to attack the historically 
     and ongoing inequality when it comes to federal 
     infrastructure contracting.
       I know you agree with us that a new infrastructure package 
     must benefit all stakeholders, including minority 
     contractors. Therefore, including the voices of minority 
     contractors in the development of an infrastructure package, 
     including hearings on such a package, is a necessary first 
     step. Hearing from these stakeholders will allow you to 
     better understand existing gaps in federal and state 
     participation requirements and help get to the bottom of the 
     most frequent complaints and problems. And the message you 
     will most likely hear is that the Department of 
     Transportation (DOT) needs to improve the effectiveness and 
     oversight of its Disadvantaged Business Enterprise (DBE) 
     program, including better enforcement.
       The DOT's implementation of its DBE programs has been the 
     subject of numerous reports by its Office of Inspector 
     General (IG), highlighting problems with the Department's 
     various DBE programs including at the Federal Aviation 
     Administration. One of the most glaring conclusions from the 
     past reports is the IG's conclusion that ``[t]he Department 
     does not provide effective program management for the 
     multibillion-dollar DBE program.'' Before we pour billions 
     more of federal transportation dollars through DOT to the 
     states as a part of an infrastructure package or surface 
     transportation reauthorization, Congress should listen to, 
     and then appropriately respond to, the needs and concerns of 
     stakeholders, including minority contractors and the IG. And 
     any such package should incorporate their ideas about how to 
     best construct a proposal to help ensure that all communities 
     truly benefit and have a fair and equal opportunity to 
     compete for the thousands of contracts and subcontracts that 
     are likely to flow from that package.
       We also know that without pressure from Congress, long 
     overdue but needed improvement will not occur and these 
     business and our communities will find themselves remaining 
     on the sidelines, even as billions in new funding flow to 
     communities nationwide.
       Again, as you move forward on constructing the 
     infrastructure package that our nation needs, we must 
     consider and address the needs of these qualified but often 
     overlooked businesses. The fact is that despite repeated 
     affirmation by Congress, some states still make no or limited 
     efforts to help certified firms obtain DBE work on federally 
     funded projects and in others, most certified DBEs never win 
     any business should concern and trouble us as policymakers.
       Lastly, one step such legislation can take is to make clear 
     that all infrastructure agencies have a responsibility for 
     implementing

[[Page E598]]

     and enforcing rules, guidance, and federal laws which require 
     equal employment and labor opportunities in federal 
     contracting such as Executive Order 11246 (Equal Employment 
     Opportunity). That E.O. requires agencies to include certain 
     nondiscrimination and equal employment opportunity provisions 
     in 'federal contracts, including federally assisted 
     construction contracts. Unfortunately, we are concerned that 
     this Administration's weak record and blatant attempts to 
     roll back important protections enshrined in federal 
     contracting law and regulations will have a disparate impact 
     on minority communities and contractors.
       There is no reason why any package to invest in our 
     infrastructure in order to foster a safe and modem 
     transportation system should not also help small businesses 
     like yours. These are not conflicting goals; it actually 
     makes good and sound economic and transportation policy.
       As Members of Congress who care deeply about ending unequal 
     access to federal contracts and addressing our nation's 
     glaring infrastructure needs, we hope you understand the need 
     to make sure both goals are met in any infrastructure package 
     and will work with us to achieve them.
           Sincerely,
       Gwen Moore, Member of Congress; Henry C. ``Hank'' Johnson, 
     Member of Congress; Gregory Meeks, Member of Congress; Al 
     Lawson, Jr., Member of Congress; Jan Schakowsky, Member of 
     Congress; Alcee Hastings, Member of Congress; Marc Veasey, 
     Member of Congress; Sheila Jackson Lee, Member of Congress; 
     Bobby L. Rush, Member of Congress; Jaoquin Castro, Member of 
     Congress.
       Karen Bass, Member of Congress; Adam Smith, Member of 
     Congress; Suzanne Bonamici, Member of Congress; Marcia L. 
     Fudge, Member of Congress; Ayanna Pressley, Member of 
     Congress; Terri A. Sewell, Member of Congress; Brenda L. 
     Lawrence, Member of Congress; Rep. Tony Cardenas, Member of 
     Congress; Donald Payne Jr., Member of Congress; Betty 
     McCollum, Member of Congress.
       Yvette D. Clarke, Member of Congress; Collin Peterson, 
     Member of Congress; Earl Blumenauer, Member of Congress; 
     Ilhan Omar, Member of Congress; Nydia M. Velazquez, Member of 
     Congress; Debbie Dingell, Member of Congress; Rashida Tlaib, 
     Member of Congress; Bennie Thompson, Member of Congress; 
     Andre Carson, Member of Congress; Jesus G. ``Chuy'' Garcia, 
     Member of Congress.
       Sanford D. Bishop, Member of Congress; David Scott, Member 
     of Congress; Bonnie Watson Coleman, Member of Congress; 
     Adriano Espaillat, Member of Congress; Joyce Beatty, Member 
     of Congress; William Lacy Clay, Member of Congress; Mark 
     Pocan, Member of Congress; Angie Craig, Member of Congress; 
     Laureen Underwood, Member of Congress; Ruben Gallego, Member 
     of Congress.
       Cedric L. Richmond, Member of Congress; Grace Meng, Member 
     of Congress; John Lewis, Member of Congress; Eddie Bernice 
     Johnson, Member of Congress; Anthony Brown, Member of 
     Congress; Robin L. Kelly, Member of Congress

                          ____________________