The Need for State Governments to Ensure Appropriate Minority Representation in the Selection of Contractors for the Broadband Equity, Access, and Deployment Program, and in Training Programs for Technicians Needed for the Deployment

WHEREAS, The National Association for the Advancement of Colored People (NAACP) believes in equitable access for Blacks and people of color to government contracting and training programs; and

WHEREAS, BEAD is a federal grant program authorized by the Infrastructure Investment and Jobs Act of 2021 to fund the deployment of high-speed internet access to all Americans nationwide. BEAD focuses on providing access to underserved and unserved communities; and

WHEREAS, BEAD is executed by the states, Washington, D.C. and five U.S. territories ("Eligible Entities"), subject to the approval of their plans by the federal government; and

WHEREAS, Historically, minority-owned companies have lacked appropriate representation in state and federal government contracting programs compared to majority-owned companies. Racial bias plays a role in this disparity; and

WHEREAS, Minority-owned companies face structural and financial challenges that make it harder for them to win government contracts. Minority-owned companies often have less financial support due to discriminatory lending, lower business capacity, and limited access to and awareness of opportunities. Other challenges include the difficulty of submitting bids and obtaining proper certifications and licenses; and

WHEREAS, Courts have limited governments' ability to enforce affirmative action programs benefiting minority-owned companies in government contracting based on race. In City of Richmond v. J.A. Croson Co., the U.S. Supreme Court declared unconstitutional a city requirement that contractors must have had at least thirty percent of their subcontracts with minority businesses. The City of Richmond's plan was created to remedy past discrimination, but the Court said there was no evidence of past discrimination. Unfortunately, there is a lack of reporting for past racial discrimination, which makes it difficult to provide evidence in court; and

WHEREAS, Although the Small Business Administration created the 8(a)-business development program to assist historically disadvantaged entrepreneurs in federal procurement, the Trump administration has criminalized and eliminated the use of federal diversity, equity, and inclusion ("DEI") programs; and

WHEREAS, It is imperative to promote inclusivity in training programs for technicians and others needed for BEAD deployment to benefit minority communities that have withstood a long history of discrimination. Inclusive policies ensure equity and opportunity in a nation that has capitalized off Black and Brown labor but chronically fails to address the disparities and disadvantages minority groups still face today. Equity does not give anyone an upper hand; rather it places everyone at a starting block proportionate to their status in society; and

WHEREAS, There are both economic and social benefits to inclusiveness in BEAD. It is intended to serve unserved and underserviced communities, thus part of the rationale for providing training and contracting opportunities for individuals and companies from those communities. Inclusivity fosters innovation, opportunity, increased economic potential, and community development.

THEREFORE, BE IT RESOLVED, that the NAACP reaffirms its commitment to equity in access to contracting opportunities in broadband programs for minority-owned companies who are underrepresented in government contract procurement.

BE IT FURTHER RESOLVED, that the NAACP calls upon government agencies and companies providing broadband for the development and oversight of training programs that include more participation and active recruitment of minorities in roles related to providing broadband deployment.

BE IT FURTHER RESOLVED, that the NAACP encourages the FCC to collect data and acknowledge the disparities resulting from the lack of diverse representation in contracting and training to promote access, equity, and inclusion.

BE IT FINALLY RESOLVED, that the NAACP affirms the need for the governments to ensure Black and other people of color representation in the selection of contractors for BEAD and in BEAD related training programs, and calls upon them to ensure fair and equitable access to training programs and contractor selection for minorities and minority-owned companies despite the Trump administration's efforts to eliminate DEI programs in the federal government and private sector.