§47123 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must make sure people are not kept out of any activity paid for by grants under this part because of race, creed, color, national origin, or sex. The Secretary must write rules to carry this out, and those rules should be like the ones under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). This requirement is in addition to Title VI. At the same time, nothing stops preferential hiring of Indians who live on or near a reservation for work on an airport run by an Indian tribal government or on an airport on a reservation, consistent with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(i)). A State may also give a hiring preference to Indians for nearby projects. The Secretary must talk with tribal governments and work with States to carry this out. “Indian tribal government” means the same as in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

Title 49, §47123

Transportation — Source: USLM XML via OLRC

(a)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.

(b)(1)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—

(A)an airport sponsored by an Indian tribal government; or

(B)an airport located on an Indian reservation.

(2)A State may implement a preference for employment of Indians on a project carried out under this subchapter near an Indian reservation.

(3)The Secretary shall consult with Indian tribal governments and cooperate with the States to implement this subsection.

(4)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).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4712349 App.:2219.Sept. 3, 1982, Pub. L. 97–248, § 520, 96 Stat. 694. The words “as the Secretary deems” and “the purposes of” are omitted as surplus. The words “The

Regulations

shall be similar to those in effect under” are substituted for “and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under” for clarity and to eliminate unnecessary words and because “rules” and “

Regulations

” are synonymous. The words “The provisions of . . . and not in lieu of the provisions of” are omitted as surplus. The word “is” is substituted for “shall be considered to be” to eliminate unnecessary words.

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (a), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of Title 42 and Tables.

Amendments

2018—Pub. L. 115–254 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§47123 Nondiscrimination

Summary

Title 49, §47123

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Regulations

Editorial Notes

References in Text

Short Title

Amendments

Citations & Metadata