The Federalist Society

Can the Federal Transportation DBE Program Be Narrowly Tailored to Remedy Discrimination?

October 1, 2007

George R. La Noue

The federal transportation Disadvantaged Business Enterprise (DBE) program is a relic from another era that no longer serves a civil rights purpose. DBE is the progeny of the 10% minority set-aside provision in the 1977 Public Works Employment Act (PWEA). That Congress was responding to a temporary economic downturn and the 1968 Kerner Commission, which highlighted the special plight of African-Americans. Creating a share for them and other minority communities seemed like an important part of overall economic pump-priming....

Can the Federal Transportation DBE Program be Narrowly Tailored to Remedy Discrimination?  


The Federalist Society