U.S Code last checked for updates: Jun 24, 2021
§ 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 
(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 block grant 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; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1446(d)(1), Dec. 4, 2015, 129 Stat. 1343, 1438.)
cite as: 23 USC 140