Vice Chair Strickland Leads CBC in Call for Equity in American Rail Infrastructure

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Washington, D.C. Congresswoman Marilyn Strickland (WA-10), Vice Chair of the Subcommittee on Railroads, Pipelines, and Hazardous Materials, and Subcommittee Chair Donald M. Payne, Jr. (NJ-10) led a letter to U.S. Department of Transportation (DOT) Secretary Pete Buttigieg urging him to take the steps necessary to support a disadvantaged business enterprise (DBE) program within the DOT’s Federal Railroad Administration (FRA).  A DBE program helps increase the participation of minority and women-owned businesses in federally-funded state and local transportation projects. Strickland and Payne, Jr.’s letter was cosigned by 58 Members of Congress, including all of the Members of the Congressional Black Caucus.  (Please find the letter below and attached.)

“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 help address wealth gaps and strengthen our nation’s ability to build back better.”

“Minority businesses have been denied access to federal contracts for too long,” said Congressman 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.” 

In the letter, the Members 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.” The Members continued, asking 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 letter follows up on a meeting attended by Vice Chair Strickland, Chairman Payne, and the FRA to assess the progress of the disparity study needed to establish the DBE program.

The letter can be found below, and the full list of signatories are attached.

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.                                                              
Member of Congress                                                              
Chairman                                                                             
Subcommittee on Railroads, Pipelines, 
and Hazardous Materials             

Marilyn Strickland
Member of Congress
Vice Chair
Subcommittee on Railroads, Pipelines, 
and Hazardous Materials
 

Congresswoman Marilyn Strickland serves as Vice Chair of the Subcommittee on Railroads, Pipelines, and Hazardous Materials on the House Transportation and Infrastructure Committee, and serves as a Member of the House Armed Services Committee. She is one of the first Korean-American women elected to Congress and the first African-American to represent the Pacific Northwest at the federal level. 

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