WASHINGTON, D.C. – Oregon’s U.S. Senator Jeff Merkley and Senator Kirsten Gillibrand (D-NY) today led Minority Leader Charles Schumer (D-NY) and Senators Ron Wyden (D-OR), Patty Murray (D-WA), and Maria Cantwell (D-WA) in pushing the U.S. Department of Transportation (DOT) to ensure that Democratic-leaning cities will not be excluded from federal funding for transportation projects as a form of political vengeance. President Trump and Attorney General Barr have threatened to withhold federal funding as part of a politically-motivated scheme to punish Americans in Democratic-leaning cities where residents have been protesting for racial justice.
The Trump administration’s threats were outlined in a September 2, 2020 memorandum that targeted Portland, Oregon; Seattle; New York City; and Washington, D.C. for retribution to advance the administration’s goal of cracking down on areas where Americans have exercised their constitutional right to protest systemic racism.
“Tying federal funds for local transit agencies to an arbitrary definition of ‘anarchist jurisdictions’ is of questionable legality and an appalling abuse of power, particularly in the midst of a deadly pandemic and economic recession,” the senators wrote in their letter to Transportation Secretary Elaine Chao. “The COVID-19 pandemic has hit transit agencies particularly hard, and many face dire financial circumstances. We are disturbed by the DOT’s decision to potentially disqualify major American cities, including the home of the nation’s largest transit agency, from federal funding during this unprecedented time.”
To ensure that critical funding for critical transportation programs are delivered, the senators are requested that DOT explain whether the president’s September 2, 2020 memorandum will influence any DOT decisions regarding the granting or withholding of Federal Transit Administration funds, and whether the DOT plans to implement the president’s memorandum in any form.
Additionally, the senators requested any internal memoranda, e-mails, directives, or communications explaining how DOT offices should implement the President’s September 2, 2020 memorandum and subsequent OMB guidance, as well as a list of all DOT funding opportunities that will be affected by this policy
A copy of the senators’ letter follows below.
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November 2, 2020
Madame Secretary:
On October 8, 2020, the Department of Transportation’s (DOT) Federal Transit Administration (FTA) issued a Notice of Funding Opportunity (NOFO) alerting local governments and transit agencies of the availability of the Public Transportation COVID–19 Research Demonstration Grant Program. We write in strong opposition to the inclusion in the NOFO of language stating that “the Department will review and consider applications for funding pursuant to this notice in accordance with the President’s September 2, 2020 memorandum, entitled Memorandum on Reviewing Funding to State and Local Government Recipients of Federal Funds that Are Permitting Anarchy, Violence, and Destruction in American Cities.[1]”
President Trump announced this policy on September 2, 2020 “to ensure that Federal funds are neither unduly wasted nor spent in a manner that directly violates our Government’s promise to protect life, liberty, and property.” The policy further stated that “it is imperative that the Federal Government review the use of Federal funds by jurisdictions that permit anarchy, violence, and destruction in America’s cities.” In a September 21, 2020 memorandum, the White House directed the Office of Management and Budget (OMB) and the United States Department of Justice to review federal funding to state and local governments. This memorandum specifically targets Portland, OR; New York City, NY; and Seattle, WA. The October 8 NOFO notes that FTA “will review and consider applications for funding pursuant” to the White House memorandum.
Tying federal funds for local transit agencies to an arbitrary definition of “anarchist jurisdictions” is of questionable legality and an appalling abuse of power, particularly in the midst of a deadly pandemic and economic recession. The COVID-19 pandemic has hit transit agencies particularly hard, and many face dire financial circumstances. We are disturbed by the DOT’s decision to potentially disqualify major American cities, including the home of the nation’s largest transit agency, from federal funding during this unprecedented time.
We fear that this NOFO is simply the first public announcement of DOT’s implementation of President Trump’s politically-motivated memorandum. As such, we respectfully request the following information from your agency:
- Will the President’s September 2, 2020 memorandum influence any DOT decisions regarding the granting or withholding of FTA funds to the above-named cities?
- How does DOT plan to implement the President’s memorandum?
Additionally, we respectfully request any internal memoranda, e-mails, directives, or communications explaining how DOT offices should implement the President’s September 2, 2020 memorandum and subsequent OMB guidance, as well as a list of all DOT funding opportunities that will be affected by this policy.
Thank you for your consideration of this matter. We look forward to your prompt response.
Sincerely,
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