§ 140 — Nondiscrimination.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC140]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 140. Nondiscrimination
(a) Prior to approving any programs for projects as provided for in
subsection (a) of section 105 \1\ of this title, 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. He 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
shall, where he considers it necessary to assure equal employment
opportunity, 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 him to judge compliance with
the requirements of this section and the Secretary of Labor shall render
to the Secretary such assistance and information as he shall deem
necessary to carry out the equal employment opportunity program required
hereunder.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(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 highway construction and technology
training, including skill improvement programs, and to develop and fund
summer transportation institutes. Whenever apportionments are made under
section 104(b)(3) 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. Such sums so
deducted shall remain available until expended. The provisions of
section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), 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 \1/2\ 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 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. Whenever apportionments are made
under subsection \2\ 104(b)(3) of this title, the Secretary shall deduct
such sums as he may deem necessary, not to exceed $10,000,000 per fiscal
year, for the administration of this subsection. The provisions of
section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall
not be applicable to contracts and agreements made under the authority
herein granted to the Secretary notwithstanding the provisions of
section 302(e) \1\ of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 252(e)).
---------------------------------------------------------------------------
\2\ So in original. Probably should be ``section''.
---------------------------------------------------------------------------
(d) Indian Employment and Contracting.--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, Sec. 22(a), Aug. 23, 1968, 82 Stat. 826; amended
Pub. L. 91-605, title I, Sec. 110, Dec. 31, 1970, 84 Stat. 1719; Pub. L.
93-87, title I, Sec. 120, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94-280,
title I, Sec. 126, May 5, 1976, 90 Stat. 440; Pub. L. 97-424, title I,
Sec. 119, Jan. 6, 1983, 96 Stat. 2110; Pub. L. 100-17, title I,
Sec. 122, Apr. 2, 1987, 101 Stat. 160; Pub. L. 102-240, title I,
Sec. 1026, Dec. 18, 1991, 105 Stat. 1965; Pub. L. 102-388, title IV,
Sec. 412, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105-178, title I,
Secs. 1208, 1212(a)(2)(A), June 9, 1998, 112 Stat. 186, 193.)
References in Text
Section 105 of this title, referred to in subsec. (a), was amended
generally by Pub. L. 105-178, title I, Sec. 1104(a), June 9, 1998, 112
Stat. 127, and no longer refers to program of highway project approval
process by Secretary but to minimum guarantee to States for allocations
of appropriations.
Subsection (e) of section 302 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252(e)), referred to in
subsec. (c), was struck out by section 2714(a)(1)(B) of Pub. L. 98-369
and restated in subsection (c)(1) of section 302 of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 252(c)(1)).
Amendments
1998--Subsec. (a). Pub. L. 105-178, Secs. 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, Secs. 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, Sec. 1208(c), substituted
``104(b)(3)'' for ``104(a)''.
1992--Subsec. (b). Pub. L. 102-388 substituted ``\1/2\ of 1
percent'' for ``\1/4\ of 1 percent'' in last sentence.
1991--Subsec. (b). Pub. L. 102-240, Sec. 1026(a), (b), inserted
``Indian tribal government,'' after ``institution,'' and inserted at end
``Notwithstanding any other provision of law, not to exceed \1/4\ 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, Sec. 1026(b), inserted ``Indian tribal
government,'' after ``institution,''.
Subsec. (d). Pub. L. 102-240, Sec. 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, Sec. 119(c), substituted ``Nondiscrimination''
for ``Equal employment opportunity'' in section catchline.
Subsec. (a). Pub. L. 97-424, Sec. 119(a), substituted ``, national
origin, or sex'' for ``or national origin'' after ``color, creed'', in
two places.
Subsec. (c). Pub. L. 97-424, Sec. 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 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.
