2011 US Code
Title 23 - Highways
Chapter 1 - FEDERAL-AID HIGHWAYS (§§ 101 - 190)
Section 114 - Construction
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 114 - Construction |
Contains | section 114 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-657, §8(f), July 14, 1960, 74 Stat. 525; Pub. L. 93-87, title I, §115, Aug. 13, 1973, 87 Stat. 258; Pub. L. 97-424, title I, §148, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 98-473, title II, §226, Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100-17, title I, §112(a), (b)(1), Apr. 2, 1987, 101 Stat. 148; Pub. L. 102-240, title I, §1019, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105-178, title I, §1212(a)(2)(A), June 9, 1998, 112 Stat. 193; Pub. L. 109-59, title I, §§1409(d), 1904(b), Aug. 10, 2005, 119 Stat. 1232, 1467. |
Statutes at Large References | 72 Stat. 896 74 Stat. 525 87 Stat. 258 96 Stat. 2131 97 Stat. 1085 98 Stat. 2030, 1558 99 Stat. 1146 100 Stat. 1783-39, 3341-39 101 Stat. 148, 149, 1329 102 Stat. 2199 103 Stat. 1002 105 Stat. 1948 112 Stat. 193 119 Stat. 1232, 1236 |
Public Law References | Public Law 85-767, Public Law 86-657, Public Law 93-87, Public Law 97-424, Public Law 98-166, Public Law 98-411, Public Law 98-473, Public Law 99-180, Public Law 99-500, Public Law 99-591, Public Law 100-17, Public Law 100-202, Public Law 100-459, Public Law 101-162, Public Law 102-240, Public Law 105-178, Public Law 109-59 |
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(a)
(b)
(1)
(2)
(A) if such materials are produced by convicts who are on parole, supervised release, or probation from a prison; or
(B) if such materials are produced by convicts in a qualified prison facility and the amount of such materials produced in such facility for use in such construction during any 12-month period does not exceed the amount of such materials produced in such facility for use in such construction during the 12-month period ending July 1, 1987.
(3)
(c)
(1)
(2)
(3)
(A)
(B)
(C)
(i) West of Livengood on the Elliot Highway.
(ii) Mile 0 on the Dalton Highway to the North Slope of Alaska; north of Mile 20 on the Taylor Highway.
(iii) East of Chicken on the Top of the World Highway and south of Tetlin Junction to the Alaska Canadian border.
(4)
(A)
(B)
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86–657, §8(f), July 14, 1960, 74 Stat. 525; Pub. L. 93–87, title I, §115, Aug. 13, 1973, 87 Stat. 258; Pub. L. 97–424, title I, §148, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 98–473, title II, §226, Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100–17, title I, §112(a), (b)(1), Apr. 2, 1987, 101 Stat. 148; Pub. L. 102–240, title I, §1019, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105–178, title I, §1212(a)(2)(A), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, §§1409(d), 1904(b), Aug. 10, 2005, 119 Stat. 1232, 1467.)
Amendments2005—Subsec. (a). Pub. L. 109–59, §1904(b), substituted “Federal-aid highway or a portion of a Federal-aid highway” for “highways or portions of highways located on a Federal-aid system” and “The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary determines to be appropriate.” for “Except as provided in section 117 of this title, such construction shall be subject to the inspection and approval of the Secretary.”
Subsec. (c). Pub. L. 109–59, §1409(d), added subsec. (c).
1998—Subsec. (a). Pub. L. 105–178 substituted “State transportation department” for “State highway department” in two places and “State transportation departments” for “State highway departments”.
1991—Subsec. (b)(2). Pub. L. 102–240, inserted “after July 1, 1991,” after “Materials produced” in introductory provisions.
1987—Subsec. (a). Pub. L. 100–17, §112(b)(1), inserted heading.
Subsec. (b). Pub. L. 100–17, §112(b)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Convict labor or materials produced by convict labor shall not be used in such construction unless it is labor performed by convicts who are on parole or probation.”
1984—Subsec. (b). Pub. L. 98–473 which directed the insertion of “, supervised release,” after “parole” effective Nov. 1, 1987, was not executed, because of intervening general amendment of subsec. (b) by Pub. L. 100–17, §112(a), which contained “, supervised release,” after “parole” wherever appearing.
1983—Subsec. (b). Pub. L. 97–424 inserted “or materials produced by convict labor” after “Convict labor”.
1973—Subsec. (a). Pub. L. 93–87 amended last sentence generally. Prior to amendment, last sentence read as follows: “On any project where actual construction is in progress and visible to highway users, the State highway department shall erect such informational sign or signs as prescribed by the Secretary, identifying the project and the respective amounts contributed therefor by the State and Federal Governments.”
1960—Subsec. (a). Pub. L. 86–657 required State highway departments to erect, on any project where actual construction is in progress and visible to highway users, such informational sign or signs as prescribed by the Secretary, identifying the project and the respective contributions therefor by the State and Federal Governments.
Effective Date of 1991 AmendmentAmendment 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 of 1984 AmendmentAmendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.
Highways for Life Pilot ProgramPub. L. 109–59, title I, §1502, Aug. 10, 2005, 119 Stat. 1236, provided that:
“(a)
“(1)
“(2)
“(3)
“(b)
“(1)
“(2)
“(A) constructs, reconstructs, or rehabilitates a route or connection on a Federal-aid highway eligible for assistance under chapter 1 of title 23, United States Code;
“(B) uses innovative technologies, manufacturing processes, financing, or contracting methods that improve safety, reduce congestion due to construction, and improve quality; and
“(C) meets additional criteria as determined by the Secretary.
“(3)
“(A) an identification and description of the projects to be delivered;
“(B) a description of how the projects will result in improved safety, faster construction, reduced congestion due to construction, user satisfaction, and improved quality;
“(C) a description of the innovative technologies, manufacturing processes, financing, and contracting methods that will be used for the proposed projects; and
“(D) such other information as the Secretary may require.
“(4)
“(A) address achieving the Highways for LIFE performance standards for quality, safety, and speed of construction;
“(B) deliver and deploy innovative technologies, manufacturing processes, financing, contracting practices, and performance measures that will demonstrate substantial improvements in safety, congestion, quality, and cost-effectiveness;
“(C) include innovation that will lead to change in the administration of the State's transportation program to more quickly construct long-lasting, high-quality, cost-effective projects that improve safety and reduce congestion;
“(D) are or will be ready for construction within 1 year of approval of the project proposal; and
“(E) meet such other criteria as the Secretary determines appropriate.
“(5)
“(A)
“(B)
“(C)
“(D)
“(6)
“(7)
“(c)
“(1)
“(2)
“(d)
“(1)
“(2)
“(e)
“(f)
“(g)
“(h)
Pub. L. 101–162, title II, §202, Nov. 21, 1989, 103 Stat. 1002, provided that: “During fiscal year 1990 and hereafter, materials produced by convict labor may be used in the construction of any highways or portion of highways located on Federal-aid systems, as described in section 103 of title 23, United States Code.”
Similar fiscal year provisions were contained in the following appropriation acts:
Pub. L. 100–459, title II, §202, Oct. 1, 1988, 102 Stat. 2199.
Pub. L. 100–202, §101(a) [title II, §202], Dec. 22, 1987, 101 Stat. 1329, 1329–15.
Pub. L. 99–500, §101(b) [title II, §202], Oct. 18, 1986, 100 Stat. 1783–39, 1783–51, and Pub. L. 99–591, §101(b) [title II, §202], Oct. 30, 1986, 100 Stat. 3341–39, 3341–51.
Pub. L. 99–180, title II, §202, Dec. 13, 1985, 99 Stat. 1146.
Pub. L. 98–411, title II, §202, Aug. 30, 1984, 98 Stat. 1558, repealed by Pub. L. 100–17, title I, §112(b)(2), Apr. 2, 1987, 101 Stat. 149.
Pub. L. 98–166, title II, §202, Nov. 28, 1983, 97 Stat. 1085.
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