US DOT’s October 3, 2025 Interim Final Rule (IFR) directing states to discontinue implementing the disadvantaged business enterprise (DBE) program by using race or gender-based presumptions to determine DBE status has created a great deal of uncertainty for states and contractors in meeting DBE mandates. While U.S. DOT is taking comments on the DBE IFR through Nov. 3, states have been implementing the program in a variety of different ways. US DOT last week released FAQ guidance to clarify many of the implementation issues. While the FAQ gives some guidance on proceeding with the program much confusion still exists.


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Transportation Secretary Sean Duffy said Oct. 15 he will withhold $40 million from California because it is failing to enforce English-language requirements for truckers. DOT launched an investigation into state commercial driver’s license (CDL) requirement enforcement following a deadly Florida crash involving a foreign truck driver who made an illegal U-turn. The driver was licensed in California. Duffy said the investigation found significant failures in the way California is enforcing rules that took effect in June after one of President Donald Trump’s executive orders. California had issued the driver a commercial license, but these English speaking rules were issued after the crash.


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The Indiana Department of Transportation (INDOT) is the first state to ask the US DOT to waive its requirements for the Disadvantaged Business Enterprise (DBE) program since a court ruled the requirements are likely unconstitutional. The DBE program requires 10 percent of federal highway construction funds to be paid out to small businesses owned by "socially and economically disadvantaged" individuals - generally defined as women, African Americans, native Americans and Hispanic Americans, and other defined disadvantaged groups. The program is purported to help remove barriers so qualifying businesses can participate in federally assisted contracts. A U.S. District Court for the Eastern District of Kentucky last year found that the race- and gender-based presumptions used by the DOT likely violate constitutional protections. US DOT agreed with that finding.


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The U.S. Department of Transportation (DOT) recently issued a Request for Information (RFI) seeking public input on issues that should be addressed when Congress takes up reauthorization of the surface transportation legislation over the next year. The information will help DOT prepare its proposal for the reauthorization effort. The department asked for input to prioritize funding, streamline project delivery, and address emerging challenges in safety, climate resilience, and technology integration. DOT officials emphasized that the RFI is intended to ensure that the law is applied in a way that reflects both congressional intent and the practical needs of state and local transportation agencies, as well as the private sector.


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The US Department of Transportation (US DOT) said in a court filing this week it has agreed to end consideration of race or gender in DOT’s Disadvantaged Business Enterprise Program (DBE) program when awarding billions of dollars in federal highway and transit projects. USDOT agreed with plaintiffs in the suit that the DBE “program’s use of race- and sex-based presumptions in awarding contracts is unconstitutional." USDOT previously defended the policy as seeking to remedy past discrimination but said it has since reevaluated its position in light of factors including a 2023 Supreme Court decision.


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The U.S. Department of Transportation recently approved 180 infrastructure grants worth $3.2 billion from more than 3,200 projects that were awarded by the previous administration without project agreements. USDOT announced that it has approved 329 grants so far this year.

Those approved grants include a wide range of modal administration programs, from airport improvement grants to rail, port, and highway infrastructure initiatives.


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Transportation Secretary Sean Duffy testified April 2 before the Senate Environment and Public Works Committee, to present the Trump administration’s approach to reauthorization of the Surface Transportation legislation set to expire on September 30, 2026. Duffy did not offer much detail but emphasized the need for innovation and efforts to expedite project delivery.


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President-elect Donald Trump has picked former Wisconsin Rep. Sean Duffy as transportation secretary.

“During his time in Congress, Sean was a respected voice and communicator in the Republican Conference, advocating for Fiscal Responsibility, Economic Growth, and Rural Development. Admired across the aisle, Sean worked with Democrats to clear extensive Legislative hurdles to build the largest road and bridge project in Minnesota History,” the Trump transition team said in a statement.