
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
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    \1\ See References in Text note below.
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    (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 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)).
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    \2\ So in original. Probably should be ``section''.
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    (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.
