§ 140 TITLE 23—HIGHWAYS Page 114

1See References in Text note below.

under section 104(b)(1) of this title and, beginning with

funds apportioned for fiscal year 1984, under section

104(b)(5)(B) of this title for the resurfacing, restoring,

rehabilitating, and reconstructing of any route or portion thereof on the Interstate System on which a

project may be approved under the second sentence of

section 119(a) of this title.

1981—Subsec. (c). Pub. L. 97–134 added subsec. (c).

1976—Subsec. (b). Pub. L. 94–280 substituted ‘‘subsection (e) of section 103 of this title’’ and ‘‘section

103(e) of this title’’ for ‘‘subsection (d) of section 103 of

this title’’ and ‘‘section 103(d) of this title’’, respectively.

1970—Subsec. (a). Pub. L. 91–605, §§106(b)(1), 140, designated existing provisions as subsec. (a) and as so designated substituted ‘‘section 103(e)’’ for ‘‘section

103(d)’’.

Subsec. (b). Pub. L. 91–605, §140, added subsec. (b).

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 104, 118, 119,

127 of this title.

§ 140. Nondiscrimination

(a) Prior to approving any programs for

projects as provided for in subsection (a) of section 105 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. The Secretary shall periodically obtain from the Secretary of Labor and the respective State highway 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.

(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 training, including skill improvement programs. 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. 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 highway 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

104(a) 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)).

(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, §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.)

REFERENCES IN TEXT

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)).
Page 115 TITLE 23—HIGHWAYS § 141

AMENDMENTS

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, §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, §1026(b), inserted ‘‘Indian

tribal government,’’ after ‘‘institution,’’.

Subsec. (d). Pub. L. 102–240, §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, §119(c), substituted ‘‘Nondiscrimination’’ for ‘‘Equal employment opportunity’’

in section catchline.

Subsec. (a). Pub. L. 97–424, §119(a), substituted

‘‘, national origin, or sex’’ for ‘‘or national origin’’

after ‘‘color, creed’’, in two places.

Subsec. (c). Pub. L. 97–424, §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.

§ 141. Enforcement of requirements

(a) Each State shall certify to the Secretary

before January 1 of each year that it is enforcing all State laws respecting maximum vehicle

size and weights permitted on the Federal-aid

primary system, the Federal-aid urban system,

and the Federal-aid secondary system, including

the Interstate System in accordance with section 127 of this title. Each State shall also certify that it is enforcing and complying with the

provisions of section 127(d) of this title and section 31112 of title 49.

(b)(1) Each State shall submit to the Secretary

such information as the Secretary shall, by regulation, require as necessary, in his opinion, to

verify the certification of such State under subsection (b) of this section.

(2) If a State fails to certify as required by

subsection (b) of this section or if the Secretary

determines that a State is not adequately enforcing all State laws respecting such maximum

vehicle size and weights, notwithstanding such a

certification, then Federal-aid highway funds

apportioned to such State for such fiscal year

shall be reduced by amounts equal to 10 per centum of the amount which would otherwise be apportioned to such State under section 104 of this

title.

(3) If within one year from the date that the

apportionment for any State is reduced in accordance with paragraph (2) of this subsection

the Secretary determines that such State is enforcing all State laws respecting maximum size

and weights, the apportionment of such State

shall be increased by an amount equal to such

reduction. If the Secretary does not make such

a determination within such one-year period,

the amounts so withheld shall be reapportioned

to all other eligible States.

(c) The Secretary shall reduce the State’s apportionment of Federal-aid highway funds under

section 104(b)(5) of this title in an amount up to

25 per centum of the amount to be apportioned

in any fiscal year beginning after September 30,

1984, during which heavy vehicles, subject to the

use tax imposed by section 4481 of the Internal

Revenue Code of 1986, may be lawfully registered

in the State without having presented proof of

payment, in such form as may be prescribed by

the Secretary of the Treasury, of the use tax imposed by section 4481 of such Code. Amounts

withheld from apportionment to a State under

this subsection shall be apportioned to the other

States pursuant to the formulas of section

104(b)(5) of this title and shall be available in the

same manner and to the same extent as other

Interstate funds apportioned at the same time

to other States.

(Added Pub. L. 93–643, §107(a), Jan. 4, 1975, 88

Stat. 2284; amended Pub. L. 95–599, title I,

§123(d), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 97–424,

title I, §143, Jan. 6, 1983, 96 Stat. 2129; Pub. L.

99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

102–240, title I, §1023(c), Dec. 18, 1991, 105 Stat.

1954; Pub. L. 103–429, §3(7), Oct. 31, 1994, 108 Stat.

4378; Pub. L. 104–59, title II, §205(d)(1)(A), Nov.

28, 1995, 109 Stat. 577.)

REFERENCES IN TEXT

Section 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 4481 of

Title 26, Internal Revenue Code.

PRIOR PROVISIONS

A prior section 141, Pub. L. 90–495, §35(a), Aug. 23,

1968, 82 Stat. 836, related to real property acquisition

policies, prior to repeal by Pub. L. 91–646, title III, §306,