WORD FROM THE WISE

“Come walk in my shoes”

RIP John R. Lewis (2020)

It is indisputable that the 49 CFR Part 23/26 of the Federal Rules and Regulations has been consistently misunderstood and misused on a daily basis, leading to ongoing suffering within communities of color. Nationwide, 49 CFR Part 23/26 has become a source of economic discrimination in its most egregious form.

Despite the unequivocal clarity of the 49 CFR Part 23/26 rules and regulations for well over half a century, there has been a noticeable lack of compliance and enforcement. Economic discrimination coexists with racial discrimination, perpetuating the continued suffering of minority communities, as 49 CFR Part 23/26 remains undervalued by the system.

In 1960, President John F. Kennedy aptly expressed the principle that "simple justice requires that public funds of all types...should benefit in a fashion that builds all communities that contributed, especially the minority community."

However, the system's failure to prioritize the importance of 49 CFR Part 23/26 has resulted in an enduring lack of compliance.

President Kennedy's words underscore the notion that any profitable investment should yield a fair return to the investors, particularly taxpayers. In the context of a profitable business, taxpayers, representing all races, should at the very least receive back their initial investment. Unfortunately, when evaluating the minority community, particularly the Socially and Economically Disadvantaged community, it is evident that a fair return on investment has never been realized. This discrepancy encourages, entrenches, and subsidizes both economic and racial discrimination.

The MWDBE programs, initially conceived with the African American community in mind, have undergone unintended expansions to include other ethnic groups, benefitting them to a much higher degree than the minority community originally intended to assist.

In instances where individuals or entities fail to comply with procedures covered under complaints filed under Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987, any person, especially Disadvantaged Business Enterprises (DBEs), who believes they or any specific class of persons has been subjected to prohibited discrimination based on race, color, or national origin, may file a written complaint individually or through a representative. The complaint must be filed no later than 180 days after the alleged discrimination, unless the discrimination is ongoing, or the time for filing is extended by the federal agency. Complaints related to Federal-aid programs of all kinds may be filed with the appropriate Office of Civil Rights or the USDOJ. Violators should ensure that all complaints are sent to the appropriate authority for disposition. Additionally, complaints filed against subrecipients to recipients may be filed with the appropriate authority or the U.S. Department of Justice.

~ Gary B. Wade ~