TEA-21 - Transportation Equity Act for the 21st Century
Moving Americans into the 21st Century
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|U.S. Department of Transportation|
|Federal Highway Administration|
|INFORMATION: Section 1101(b) of the Transportation Equity Act for the 21st Century (TEA-21) -- Disadvantaged Business Enterprise (DBE) Program||September 16, 1998|
Director, Office of Civil Rights
Staff Office Directors
Federal Lands Highway Program Administrator
Director, ITS Joint Program Office
Regional Directors of Motor Carriers
State Directors of Motor Carriers
As you are aware, Section 1101(b) of the TEA-21 continues the DBE program, replacing Section 1003(b) of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) as the statutory authority. A copy of Section 1101(b) is attached for your information.
The DBE program applies to the amounts made available for any program under Title I, III, and V of TEA-21. The TEA-21 requires significant changes to FHWA's programs and its stewardship role under Title 23, however, the agency's responsibility to oversee compliance with the DBE program has not changed. The legislation mandating the DBE program applies to FHWA, the Federal Transit Administration, and the U.S. Department of Transportation (DOT). The implementing regulations for the DBE program will be published by the Department in Title 49 Code of Federal Regulations (CFR) Part 26. Therefore, unless addressed by a United States Court decision finding a program or its implementation unconstitutional, all contracts funded by highway trust funds including advance construction and State Infrastructure Banks projects regardless of whether they are on or off the National Highway System, continue to be subject to the legislative and regulatory requirements of the DBE program. Similarly, FHWA must continue to approve each State's DBE program and its annual goals, and ensure compliance with all DBE program requirements.
Section 1101(b) retained all the basic DBE requirements of Section 1003(b) and added several new provisions. The retained and added provisions are summarized in the following paragraphs.
The existing provisions of 49 CFR 23 will be eliminated once 49 CFR 26 is published.
Significant provisions retained from the 1991 ISTEA include:
New/revised provisions of Section 1101(b) of the TEA-21 include:
Should you require additional clarification of any of the DBE requirements of the TEA-21, please contact Mr. Charles Klemstine (HCR-20) at (202) 366-6753.
-Original Signed by-|
George F. Duffy
Edward W. Morris, Jr.