49 U.S.C. § 47123 — Nondiscrimination
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 243 words · no verdicts yet
This section requires the Secretary to prevent exclusion from activities funded by grants under this subchapter because of race, creed, color, national origin, or sex. It also sets rules for preferential employment of Indians on certain projects and requires regulations, consultation, and cooperation to carry out these rules.
(a) In General — The Secretary of Transportation must take affirmative action to ensure that an individual is not excluded because of race, creed, color, national origin, or sex from participating in an activity carried out with money received under a grant under this subchapter. The Secretary must prescribe regulations needed to carry out this section. The regulations must be similar to the regulations in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d and following sections). This section is in addition to title VI of that Act.
(b) Indian Employment — (1) Tribal sponsor preference — Consistent with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in this section prevents the preferential employment of Indians living on or near a reservation on a project or contract at (A) an airport sponsored by an Indian tribal government, or (B) an airport located on an Indian reservation. (2) State preference — A State may implement a preference for employing Indians on a project carried out under this subchapter near an Indian reservation. (3) Implementation — The Secretary must consult with Indian tribal governments and cooperate with the States to implement this subsection. (4) Indian tribal government defined — In this section, “Indian tribal government” has the same meaning as in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). This section does not define the term “Indian tribal government.”
The Secretary of Transportation shall take affirmative action to ensure that an individual is not excluded because of race, creed, color, national origin, or sex from participating in an activity carried out with money received under a grant under this subchapter. The Secretary shall prescribe regulations necessary to carry out this section. The regulations shall be similar to those in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). This section is in addition to title VI of the Act.
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 a project or contract at—
an airport sponsored by an Indian tribal government; or
an airport located on an Indian reservation.
A State may implement a preference for employment of Indians on a project carried out under this subchapter near an Indian reservation.
The Secretary shall consult with Indian tribal governments and cooperate with the States to implement this subsection.
In this section, the term “Indian tribal government” has the same meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1275; Pub. L. 115–254, div. B, title I, § 153, Oct. 5, 2018, 132 Stat. 3216.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1275
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3216
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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