On the recordJuly 29, 2005
as we consider the conference report for H.R. 3, I would like to express my appreciation to the Chairman and Ranking Member for their work on this important piece of legislation, and in particular, I would like to recognize the inclusion of measures that will reauthorize the U.S. Department of Transportation's disadvantaged business enterprise (DBE) program. The DBE program ensures equal contracting opportunities for women- and minority-owned firms. It is an innovative program that expressly prohibits quotas, and instead seeks to enhance contracting opportunities whenever possible through race and gender neutral means. The constitutionality of the DBE program has been upheld in every court that has considered its constitutionality, including three federal circuit courts. The DBE program has helped change the construction industry since it was first established over two decades ago. However, it continues to be a necessary tool for combating the continuing effects of discrimination in the highway construction industry and for creating a level playing field among highway construction contractors. MGT of America, Inc., a consulting company, produced a disparity report of the North Texas Tollway Authority. This 2002 report finds underutilization of minority and women owned business entities in four of the North Texas Tollway Authority's contracting markets.…
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