Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2008

TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 -- (House of Representatives - July 24, 2007)

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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.

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Mr. WALBERG. Mr. Chairman, I appreciate the opportunity to go further on it. I think it is rather self-explanatory that we are talking here of just assuring the practice that we don't commit discrimination in the process of our hiring and contracting practices.

We in the State of Michigan labored long and hard during the last election cycle, from both sides, to indicate what value there was in making sure that under the context of our Constitution and the laws that have been put in place to enforce that Constitution, that we are each given rights to benefit from those unalienable rights, namely the right of life, liberty and the pursuit of happiness or property. If we were to bridge that with any discriminatory practice, we take that away from one, and we can take it away from all.

For that purpose, this amendment is offered. I would appreciate the support of my colleagues.

Mr. Chairman, I reserve the balance of my time.

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Mr. WALBERG. Mr. Chairman, I am almost speechless with the fact that this very simple amendment has not been challenged aggressively yet. It is a straightforward amendment. As I said very clearly and sincerely, not only am I opposed to discrimination, I am also strongly supportive of nondiscrimination. For that reason and that reason alone, I ask that this amendment be adopted by my colleagues.

Mr. Chairman, I reserve the balance of my time.

Mr. OLVER. Mr. Chairman, I reserve my time.

Mr. WALBERG. Mr. Chairman, I would ask my esteemed colleague if he has any speakers prepared to draw attention to this amendment? Otherwise, I think that we ought to close with acceptance of this amendment.

Mr. Chairman, I reserve the balance of my time.

Mr. OLVER. Mr. Chairman, I reserve my time.

Mr. WALBERG. Mr. Chairman, I would ask that my colleagues on both sides of the aisle come together in unity on this and accept this proposal that seeks to provide that we don't have discriminatory practices that go on within our Department of Transportation.

Mr. Chairman, I yield back the balance of my time.

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