I, therefore, must reluctantly state my opposition to this amendment. Mr. Chairman, I am sympathetic to my colleague's position opposing continuation of the DBE requirement in BESTEA. However, I have made an agreement to oppose any DBE reforms in exchange for a balanced, bipartisan bill that provides maximum funding for America's transportation needs. There have been a number of court challenges to the DBE program including a decision by the Supreme Court that casts doubt on the constitutionality of the program. I have been concerned that attempts to repeal the DBE requirement could backfire--resulting in findings that could potentially strengthen claims that the program is constitutional. I believe the best approach is to allow the courts to resolve the issue. I am pleased that we have included language in BESTEA, similar to language included in the Senate-passed bill, that would prohibit DOT from withholding funds from grant recipients where a Federal court has issued a final order finding the DBE requirement unconstitutional.
On the recordApril 1, 1998
Source
govinfo.govEditor's note · Context
Addressing opposition to an amendment related to the DBE requirement in the BESTEA bill.
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