Legal Analysis of the 10% Disadvantaged Small Business Set-Aside Provisions of H.R. 2400, the "Building Efficient Surface Transportation and Equity Act of 1997"

Publication Date: March 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Transportation

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Abstract:

Surface transportation authorization bills before the 105th Congress continue a 10 % allocation of authorized funds for "socially and economically disadvantaged" small business concerns as defined by the Small Business Act (SBA). The racial presumption included in that SBA definition has figured in recent court cases challenging the constitutionality of minority group preferences in federal transportation funding programs.