Since its establishment in 1971, the Congressional Black Caucus (CBC) has been committed to using the full Constitutional power, statutory authority, and financial resources of the federal government to ensure that African Americans and other marginalized communities in the United States have the opportunity to achieve the American Dream.
On Wednesday, March 26, 2025, Chair Yvette D. Clarke (NY-09) led the Congressional Black Caucus in a letter to U.S. Department of Commerce Secretary Howard Lutnick to voice concerns about the impending threat that President Trump’s recent Executive Order (EO), “Continuing the Reduction of The Federal Bureaucracy,” poses to the Minority Business Development Agency (MBDA) within the Department of Commerce.
“For years, the MBDA has provided critical resources for Black-owned businesses across the nation. As a result of recent actions taken by this administration, minority-owned businesses are set to face a number of hurdles imposed by President Trump that will further cripple our already buckling economy. It is imperative that we protect hard-working Americans by investing in opportunities that an agency like the MBDA provides,” wrote the members.
The members continued, “President Trump’s most recent Executive Order seeking to eliminate the MBDA not only undermines our economy but is unconstitutional. In 2021, Congress passed the Bipartisan Infrastructure Law, making the MBDA a permanent agency. Therefore, this agency cannot be eliminated by executive action but only by congressional vote. We urge you not to be complicit in this administration’s complete disregard for the letter of the law. Unlawfully dissolving federal agencies like MBDA by executive action is a threat to our democracy. Additionally, halting the services provided by MBDA would pose a number of violations to the Anti-Deficiency Act and appropriations laws."
The letter requests responses to the following questions aimed at rectifying potential violations by April 18, 2025, and is signed by Chair Clarke and First Vice Chair Troy Carter, Sr. (LA-02), alongside Rep. Al Green (TX-09), Rep. Maxine Waters (CA-43), Rep. Joyce Beatty (OH-03), Rep. Kweisi Mfume (MD-07), and Rep. Emanuel Cleaver (MO-05), who played a vital role in codifying the MBDA under the Department of Commerce:
How will the Department of Commerce ensure the continuation of the essential operations of MBDA to avoid violating the Anti-Deficiency Act?
Given that closing down the MBDA without a congressional vote is clearly unconstitutional, how do you defend the proposed closure of the Agency under the Continuing the Reduction of the Federal Bureaucracy, EO?
It is our understanding that you have taken steps to put staff within the MBDA on administrative leave despite legal concerns brought to your attention by career staff. Do you intend to reinstate staff in the coming months in accordance with the law?
How do you plan to protect the operations of the MBDA from this administration to ensure you are operating within the letter of the law over the next four years?
