James Oberstar: “when all else fails, read the language of the legislation. The inherent contradiction that our esteemed Speaker talked…”

“when all else fails, read the language of the legislation. The inherent contradiction that our esteemed Speaker talked about is in the amendment itself, not in the arguments on this side. The inherent contradiction is that the amendment goes on for line after line talking about all the good things it wants to do. Then in the end it defines preference in the last four lines as an advantage of any kind, a quota, set-aside, numerical goal, timetable, other numerical objective. Does it also mean outreach? They want to protect outreach? They do not do that in this legislation. The DBE program has worked wonderfully for the 6 years of ISTEA. The 10 percent goal is a national target. State and local recipients of DOT funds set their own goals for DOT participation and construction projects based on the availability of disadvantaged businesses in their markets. There is no absolute requirement that a particular goal be met. In fact, it is very acceptable business practice to set goals. Goals are a standard tool of good management worldwide. But by prohibiting goals, the amendment prevents States and localities from measuring progress against discrimination. That is what this is all about, progress against discrimination. I have heard all sorts of conversation today from the advocates of this amendment about freedom, freedom to choose, freedom to move, mobility. Let me just say, Mr. Chairman, rich and poor alike have the freedom to leap under a bridge.…”