40 CFR 33.408
§ 33.408 May a recipient use race and/or gender conscious measures as part of this program?
United States · 40 CFR — Protection of Environment · Status: effective
Cite this
- Citation
- 40 CFR 33.408, § 33.408 May a recipient use race and/or gender conscious measures as part of this program?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/168515
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Full text
(a) Should the good faith efforts described in subpart C of this part or other race and/or gender neutral measures prove to be inadequate to achieve an established fair share objective, race and/or gender conscious action (e.g., apply the subcontracting suggestion in § 33.301(c) to MBEs and WBEs) is available to a recipient and its prime contractor to more closely achieve the fair share objectives, subject to § 33.409. Under no circumstances are race and/or gender conscious actions required by EPA.
(b) Any use of race and/or gender conscious efforts must not result in the selection of an unqualified MBE or WBE.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.