23-U.S.C.-140
§140 – Nondiscrimination
Pathway
Title 23 > Chapter 1 > Section 140
Details
- Reference: Section 140
- Legend: §140 – Nondiscrimination
- USCode Year: 2013
Provision Content
(a) Prior to approving any programs for projects as provided for in section 135, the Secretary shall require assurances from any State desiring to avail itself of the benefits of this chapter that employment in connection with proposed projects will be provided without regard to race, color, creed, national origin, or sex. The Secretary shall require that each State shall include in the advertised specifications, notification of the specific equal employment opportunity responsibilities of the successful bidder. In approving programs for projects on any of the Federal-aid systems, the Secretary if necessary to ensure equal employment opportunity, shall require certification by any State desiring to avail itself of the benefits of this chapter that there are in existence and available on a regional, statewide, or local basis, apprenticeship, skill improvement or other upgrading programs, registered with the Department of Labor or the appropriate State agency, if any, which provide equal opportunity for training and employment without regard to race, color, creed, national origin, or sex. In implementing such programs, a State may reserve training positions for persons who receive welfare assistance from such State; except that the implementation of any such program shall not cause current employees to be displaced or current positions to be supplanted or preclude workers that are participating in an apprenticeship, skill improvement, or other upgrading program registered with the Department of Labor or the appropriate State agency from being referred to, or hired on, projects funded under this title without regard to the length of time of their participation in such program. The Secretary shall periodically obtain from the Secretary of Labor and the respective State transportation departments information which will enable the Secretary to judge compliance with the requirements of this section and the Secretary of Labor shall render to the Secretary such assistance and information as the Secretary of Transportation shall deem necessary to carry out the equal employment opportunity program required hereunder.
(b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. Such sums so deducted shall remain available until expended. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary. Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State for the surface transportation program under section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.
(c) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer training programs and assistance programs in connection with any program under this title in order that minority businesses may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary notwithstanding the provisions of section 3106 of title 41.
(d) Indian Employment.—Consistent with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(i)), nothing in this section shall preclude the preferential employment of Indians living on or near a reservation on projects and contracts on Indian reservation roads. States may implement a preference for employment of Indians on projects carried out under this title near Indian reservations. The Secretary shall cooperate with Indian tribal governments and the States to implement this subsection.
(Added Pub. L. 90–495, §22(a), Aug. 23, 1968, 82 Stat. 826; amended Pub. L. 91–605, title I, §110, Dec. 31, 1970, 84 Stat. 1719; Pub. L. 93–87, title I, §120, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, §126, May 5, 1976, 90 Stat. 440; Pub. L. 97–424, title I, §119, Jan. 6, 1983, 96 Stat. 2110; Pub. L. 100–17, title I, §122, Apr. 2, 1987, 101 Stat. 160; Pub. L. 102–240, title I, §1026, Dec. 18, 1991, 105 Stat. 1965; Pub. L. 102–388, title IV, §412, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105–178, title I, §§1208, 1212(a)(2)(A), June 9, 1998, 112 Stat. 186, 193; Pub. L. 109–59, title I, §1922, Aug. 10, 2005, 119 Stat. 1481; Pub. L. 111–350, §5(e)(1), Jan. 4, 2011, 124 Stat. 3847; Pub. L. 112–141, div. A, title I, §1109, July 6, 2012, 126 Stat. 444.)
Amendments
2012—Subsec. (b). Pub. L. 112–141, §1109(a), substituted From administrative funds made available under section 104(a), for Whenever apportionments are made under section 104(b)(3) of this title, and struck out and the bridge program under section 144 after section 104(b).
Subsec. (c). Pub. L. 112–141, §1109(b), substituted From administrative funds made available under section 104(a), for Whenever apportionments are made under section 104(b)(3),.
2011—Subsec. (b). Pub. L. 111–350, §5(e)(1)(A), substituted section 6101(b) to (d) of title 41 for section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),.
Subsec. (c). Pub. L. 111–350, §5(e)(1)(B), substituted section 6101(b) to (d) of title 41 for section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), and section 3106 of title 41 for section 302(e) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252(e)).
2005—Subsec. (a). Pub. L. 109–59, §1922(a), in first sentence, substituted section 135 for subsection (a) of section 105 of this title, in second sentence, substituted The Secretary for He, in third sentence, substituted if necessary to ensure for shall, where he considers it necessary to assure and inserted shall before require, and, in last sentence, substituted the Secretary to for him to and the Secretary of Transportation for he.
Subsec. (b). Pub. L. 109–59, §1922(b), in first sentence, substituted surface transportation for highway construction and, in second sentence, struck out he may deem before necessary and not to exceed $2,500,000 for the transition quarter ending September 30, 1976, and before not to exceed $10,000,000.
Subsec. (c). Pub. L. 109–59, §1922(c), substituted section 104(b)(3) for subsection 104(b)(3) of this title and struck out he may deem before necessary.
Subsec. (d). Pub. L. 109–59, §1922(d), struck out and Contracting after Employment in heading.
1998—Subsec. (a). Pub. L. 105–178, §§1208(a), 1212(a)(2)(A)(ii), inserted In implementing such programs, a State may reserve training positions for persons who receive welfare assistance from such State; except that the implementation of any such program shall not cause current employees to be displaced or current positions to be supplanted or preclude workers that are participating in an apprenticeship, skill improvement, or other upgrading program registered with the Department of Labor or the appropriate State agency from being referred to, or hired on, projects funded under this title without regard to the length of time of their participation in such program. after third sentence and substituted State transportation departments for State highway departments.
Subsec. (b). Pub. L. 105–178, §§1208(b), 1212(a)(2)(A)(i), inserted and technology after highway construction and , and to develop and fund summer transportation institutes after skill improvement programs and substituted section 104(b)(3) for section 104(b) and State transportation department for State highway department.
Subsec. (c). Pub. L. 105–178, §1208(c), substituted 104(b)(3) for 104(a).
1992—Subsec. (b). Pub. L. 102–388 substituted ½ of 1 percent for ¼ of 1 percent in last sentence.
1991—Subsec. (b). Pub. L. 102–240, §1026(a), (b), inserted Indian tribal government, after institution, and inserted at end Notwithstanding any other provision of law, not to exceed ¼ of 1 percent of funds apportioned to a State for the surface transportation program under section 104(b) and the bridge program under section 144 may be available to carry out this subsection upon request of the State highway department to the Secretary.
Subsec. (c). Pub. L. 102–240, §1026(b), inserted Indian tribal government, after institution,.
Subsec. (d). Pub. L. 102–240, §1026(c), inserted after first sentence States may implement a preference for employment of Indians on projects carried out under this title near Indian reservations.
1987—Subsec. (d). Pub. L. 100–17 added subsec. (d).
1983—Pub. L. 97–424, §119(c), substituted Nondiscrimination for Equal employment opportunity in section catchline.
Subsec. (a). Pub. L. 97–424, §119(a), substituted , national origin, or sex for or national origin after color, creed, in two places.
Subsec. (c). Pub. L. 97–424, §119(b), added subsec. (c).
1976—Subsec. (b). Pub. L. 94–280 substituted second sentence Whenever apportionments are made under section 104(b) of this title, the Secretary shall deduct such sums as he may deem necessary, not to exceed $2,500,000 for the transition quarter ending September 30, 1976, and not to exceed $10,000,000 per fiscal year, for the administration of this subsection. for Whenever an apportionment is made under subsections 104(b)(1), (b)(2), (b)(3), (b)(5), and (b)(6) of this title of the sums authorized to be appropriated for expenditure upon the Federal-aid primary and secondary systems, and their extensions within urban areas, the Interstate System, and the Federal-aid urban system for the fiscal years 1972, 1973, 1974, 1975, and 1976, the Secretary shall deduct such sums as he may deem necessary not to exceed $5,000,000 per fiscal year for the fiscal years 1972 and 1973, and $10,000,000 per fiscal year for the fiscal years 1974, 1975 and 1976, for administering the provisions of this subsection to be financed from the appropriation for the Federal-aid systems.
1973—Subsec. (b). Pub. L. 93–87 included apportionment of appropriated moneys for administration of subsec. (b) provisions for fiscal years 1974, 1975, and 1976, and substituted provisions which made available for such administration $5,000,000 per fiscal year for fiscal years 1972, and 1973, and $10,000,000 per fiscal year for fiscal years 1974, 1975, and 1976, for prior provision making available $5,000,000 per fiscal year for such administration.
1970—Pub. L. 91–605 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title.
Effective Date
Section effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as an Effective Date of 1968 Amendment note under section 101 of this title.
U.S. Encyclopedia of Law Coverage
23-U.S.C.-134 in the Legal Encyclopedia: Highways
In this entry about 23-U.S.C.-134, find legal reference material, bibliographies and premiere content related to highways in the American Encyclopedia of Law, presenting a comprehensive view of the United States highways-specific issues, written by authorities in the field.
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