Page:United States Statutes at Large Volume 108 Part 2.djvu/119

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 835 (b) PROHIBITIONS. —^A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, creed, national origin, sex, or age. (c) COMPLIANCE. — (1) The Secretary of Transportation shall take affirmative action to ensure compliance with subsection (b) of this section. (2) When the Secretary decides that a person receiving financial assistance under this chapter is not complying with subsection (b) of this section, a civil rights law of the United States, or a regulation or order under that law, the Secretary shall notify the person of the decision and require action be taken to ensure compliance with subsection (b). (d) AUTHORITY OF SECRETARY FOR NONCOMPLIANCE. —If a person does not comply with subsection (b) of this section within a reasonable time after receiving notice, the Secretary shall— (1) direct that no further financial assistance of the United States Government under this chapter be provided to the person; (2) refer the matter to the Attorney General with a recommendation that a civil action be brought; (3) proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and (4) take any other action provided by law. (e) CIVIL ACTIONS BY ATTORNEY GENERAL.— The Attorney General may bring a civil action for appropriate relief when— (1) a matter is referred to the Attorney General under subsection (d)(2) of this section; or (2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section. (1) APPLICATION AND RELATIONSHIP TO OTHER LAWS.—T h is section applies to an employment or business opportunity and is in addition to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). §5333. Labor standards (a) PREVAILING WAGES REQUIREMENT.—The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a- 5). The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). (b) EMPLOYEE PROTECTIVE ARRANGEMENTS.— (1) As a condition of financial assistance under sections 5307-5312, 5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 53380')(5) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under

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