House Passes Walberg Amendment Ending "Race Preferences" in Transportation Programs

The House of Representatives passed an amendment to the Transportation Department's appropriations bill to purportedly end "preferences" in federal contracting. The bill moves to the Senate where it faces an unlikely future. Representative Walberg's statement on the floor of the House follows. The bill language is so broad, it could prohibit regulations that would protect women and minorities from any form of discrimination. It would therefore conflict with the civil rights laws including Title VI of the Civil Rights Act of 1964 as amended. This action tramples upon the legacy of the late Rep. Parren Mitchell who championed minority business enterprise programs.

TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 -- (House of Representatives - July 24, 2007)
[Page: H8359]
http://thomas.loc.gov/cgi-bin/query/C?r110:./temp/~r110LSkZBA

Mr. WALBERG. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. Without objection, the Clerk will report the amendment.
There was no objection.
The Clerk read as follows:
Amendment offered by Mr. Walberg:
At the end of the bill (before the short title), insert the following:
Sec. __X. None of the funds made available in this Act may be used by the Department of Transportation to promulgate regulations based on race, ethnicity, or sex.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the gentleman from Michigan (Mr. Walberg) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. WALBERG. Mr. Chairman, I come to the floor today to pose an important question to this House, and that question is this: Do we really need race, ethnic or gender-based preferences for roads?
Today I am offering an amendment to the transportation bill we are currently debating that would stipulate no funding in this bill may be used by the Department of Transportation to discriminate based on race, ethnicity or sex.
Though this policy may be motivated by good intention, I agree with Justice Clarence Thomas about the DOT's affirmative action programs where he states, ``The paternalism that appears to lie at the heart of this program is at war with the principle of inherent equality that underlies and infuses our Constitution.''
Last fall in my home State, Michiganders voted overwhelmingly, 58 percent to 42 percent, in favor of amending our State constitution to outlaw racial preferences in public education, employment and contracting. Like my constituents in south-central Michigan, I oppose any and all forms of discrimination. But I also support nondiscrimination, the practice or policy of refraining from discrimination.
My support of nondiscrimination compels me to state on this floor that every American deserves equal treatment when competing for business contracts, and our Federal Government should treat all applicants for such contracts on an equal basis. The Federal Government should never view any American as part of a group, but rather look at them as an individual. By granting the Department of Transportation the ability to discriminate based on race or sex, this House would essentially create affirmative action preferences for our Nation's highways.
I urge my colleagues to support my amendment and ensure that all American businesses competing for public works projects are given a fair, nondiscriminatory opportunity.
Mr. Chairman, I reserve the balance of my time...