23 U.S.C. § 140 : US Code - Section 140: Nondiscrimination

Search 23 U.S.C. § 140 : US Code - Section 140: Nondiscrimination

(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 (!1) 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. Whenever
apportionments are made under section 104(b)(3) of this title, 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 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 section 104(b)(3), 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 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) (!2) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252(e)).
(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.