§ 114. — Construction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC114]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 114. Construction
(a) Construction Work In General.--The construction of any highways
or portions of highways located on a Federal-aid system shall be
undertaken by the respective State transportation departments or under
their direct supervision. Except as provided in section 117 \1\ of this
title, such construction shall be subject to the inspection and approval
of the Secretary. The construction work and labor in each State shall be
performed under the direct supervision of the State transportation
department and in accordance with the laws of that State and applicable
Federal laws. Construction may be begun as soon as funds are available
for expenditure pursuant to subsection (a) of section 118 of this title.
After July 1, 1973, the State transportation department shall not erect
on any project where actual construction is in progress and visible to
highway users any informational signs other than official traffic
control devices conforming with standards developed by the Secretary of
Transportation.
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\1\ See References in Text note below.
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(b) Convict Labor and Convict Produced Materials.--
(1) Limitation on convict labor.--Convict labor shall not be
used in construction of highways or portions of highways located on
a Federal-aid system unless it is labor performed by convicts who
are on parole, supervised release, or probation.
(2) Limitation on convict produced materials.--Materials
produced after July 1, 1991, by convict labor may only be used in
such construction--
(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) Qualified prison facility defined.--As used in this
subsection, ``qualified prison facility'' means any prison facility
in which convicts, during the 12-month period ending July 1, 1987,
produced materials for use in construction of highways or portions
of highways located on a Federal-aid system.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-657, Sec. 8(f),
July 14, 1960, 74 Stat. 525; Pub. L. 93-87, title I, Sec. 115, Aug. 13,
1973, 87 Stat. 258; Pub. L. 97-424, title I, Sec. 148, Jan. 6, 1983, 96
Stat. 2131; Pub. L. 98-473, title II, Sec. 226, Oct. 12, 1984, 98 Stat.
2030; Pub. L. 100-17, title I, Sec. 112(a), (b)(1), Apr. 2, 1987, 101
Stat. 148; Pub. L. 102-240, title I, Sec. 1019, Dec. 18, 1991, 105 Stat.
1948; Pub. L. 105-178, title I, Sec. 1212(a)(2)(A), June 9, 1998, 112
Stat. 193.)
References in Text
Section 117 of this title, referred to in subsec. (a), relating to
certification acceptance, was repealed and a new section 117, relating
to high priority projects program, was enacted by Pub. L. 105-178, title
I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.
Amendments
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, Sec. 112(b)(1), inserted heading.
Subsec. (b). Pub. L. 100-17, Sec. 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, Sec. 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 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 of 1984 Amendment
Amendment 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.
Materials Produced by Convict Labor
Pub. L. 101-162, title II, Sec. 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, Sec. 202, Oct. 1, 1988, 102 Stat. 2199.
Pub. L. 100-202, Sec. 101(a) [title II, Sec. 202], Dec. 22, 1987,
101 Stat. 1329, 1329-15.
Pub. L. 99-500, Sec. 101(b) [title II, Sec. 202], Oct. 18, 1986, 100
Stat. 1783-39, 1783-51, and Pub. L. 99-591, Sec. 101(b) [title II,
Sec. 202], Oct. 30, 1986, 100 Stat. 3341-39, 3341-51.
Pub. L. 99-180, title II, Sec. 202, Dec. 13, 1985, 99 Stat. 1146.
Pub. L. 98-411, title II, Sec. 202, Aug. 30, 1984, 98 Stat. 1558,
repealed by Pub. L. 100-17, title I, Sec. 112(b)(2), Apr. 2, 1987, 101
Stat. 149.
Pub. L. 98-166, title II, Sec. 202, Nov. 28, 1983, 97 Stat. 1085.
Section Referred to in Other Sections
This section is referred to in section 106 of this title.
