2021 US Code
Title 49 - Transportation
Subtitle VII - Aviation Programs
Part B - Airport Development and Noise
Chapter 471 - Airport Development
Subchapter I - Airport Improvement
Sec. 47123 - Nondiscrimination

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Citation 49 U.S.C. § 47123 (2021)
Section Name §47123. Nondiscrimination
Section Text

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

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

(4) Indian tribal government defined.—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.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
47123 49 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, as amended. 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).

Publication Title United States Code, 2018 Edition, Supplement 3, Title 49 - TRANSPORTATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART B - AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471 - AIRPORT DEVELOPMENT
SUBCHAPTER I - AIRPORT IMPROVEMENT
Sec. 47123 - Nondiscrimination
Contains section 47123
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 78 Stat. 241
96 Stat. 694
108 Stat. 1275
132 Stat. 3216
Public Law References Public Law 88-352, Public Law 97-248, Public Law 103-272, Public Law 115-254
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