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23 U.S.C. § 114 — Construction
Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction Work In General.—** The construction of any Federal-aid highway or a portion of a Federal-aid highway shall be undertaken by the respective State transportation departments or under their direct supervision. The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary determines to be appropriate. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section118&num=0&edition=prelim). 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.
**(b) Convict Labor and Convict Produced Materials.—**
(1) **Limitation on convict labor.—** — Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is 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
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Source location: Title 23, Chapter 1, § 114; chapter-001-federal-aid-highways.md
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**(a) Construction Work In General.—** The construction of any Federal-aid highway or a portion of a Federal-aid highway shall be undertaken by the respective State transportation departments or under their direct supervision. The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary determines to be appropriate. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section118&num=0&edition=prelim). 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.
**(b) Convict Labor and Convict Produced Materials.—**
(1) **Limitation on convict labor.—** — Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is 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 in existence during that period.
**(c) Construction Work in Alaska.—**
(1) **In general.—** — The Secretary shall ensure that a worker who is employed on a remote project for the construction of a highway or portion of a highway located on a Federal-aid system in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging.
(2) **Lodging.—** — The lodging under paragraph (1) shall be in accordance with section 1910.142 of title 29, Code of Federal Regulations (relating to temporary labor camp requirements).
(3) **Per diem.—**
(A) *In general.—* — Contractors are encouraged to use commercial facilities and lodges on remote projects, however, when such facilities are not available, per diem in lieu of room and lodging may be paid on remote Federal highway projects at a basic rate of $75.00 per day or part of a day the worker is employed on the project. Where the contractor provides or furnishes room and lodging or pays a per diem, the cost of the amount shall not be considered a part of wages and shall be excluded from the calculation of wages.
(B) *Secretary of labor.—* — Such per diem rate shall be adopted by the Secretary of Labor for all applicable remote Federal highway projects in Alaska.
(C) *Exception.—* — Per diem shall not be allowed on any of the following remote projects for the construction of a highway or portion of a highway located on a Federal-aid system:
(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) **Definitions.—** — In this subsection, the following definitions apply:
(A) *Remote.—* — The term “remote”, as used with respect to a project, means that the project is 65 road miles or more from the international airport in Fairbanks, Anchorage, or Juneau, Alaska, as the case may be, or is inaccessible by road in a 2-wheel drive vehicle.
(B) *Resident.—* — The term “resident”, as used with respect to a project, means a person living within 65 road miles of the midpoint of the project for at least 12 consecutive months prior to the award of the project.
**(d) Veterans Employment.—**
(1) **In general.—** — Subject to paragraph (2), a recipient of Federal financial assistance under this chapter shall, to the extent practicable, encourage contractors working on a highway project funded using the assistance to make a best faith effort in the hiring or referral of laborers on any project for the construction of a highway to veterans (as defined in [section 2108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108&num=0&edition=prelim)) who have the requisite skills and abilities to perform the construction work required under the contract.
(2) **Administration.—** — This subsection shall not—
(A) apply to projects subject to section 140(d); or
(B) be administered or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, a female, or any equally qualified former employee.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Workforce Investment Act of 1998 references** Except as otherwise specified, a reference in a Federal law to a provision of the Workforce Investment Act of 1998 ([29 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2801&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of this Act.
**(b) Wagner-Peyser Act references** Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act ([29 U.S.C. 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
**(c) Disability-related references** Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System.
**(b) National Highway System.—**
(1) **Description.—** — The National Highway System consists of the highway routes and connections to transportation facilities that shall—
(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations;
(B) meet national defense requirements; and
(C) serve interstate and interregional travel and commerce.
(2) **Components.—** — The National Highway System described in paragraph (1) consists of the following:
(A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled “Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals” and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21.
(B) Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21.
(C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility.
(D) A strategic highway network that—
(i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities f
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Date Available for Obligation.—** Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.
**(b) Period of Availability.—** Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.
**(c) Obligation and Release of Funds.—**
(1) **In general.—** — Funds apportioned or allocated to a State for a purpose for any fiscal year shall be considered to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated.
(2) **Released funds.—** — Any funds released by the final payment for a project, or by modifying the project agreement for a project, shall be—
(A) credited to the same class of funds previously apportioned or allocated to the State for the project; and
(B) immediately available for obligation.
(3) **Net obligations.—** — Notwithstanding any other provision of law (including a regulation), obligations recorded against funds made available under this subsection shall be recorded and reported as net obligations.
**(d)** Funds made available to the State of Alaska and the Commonwealth of Puerto Rico under this title may be expended for construction of access and development roads that will se
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 118
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative Expenses.—**
(1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
(A) $490,964,697 for fiscal year 2022;
(B) $500,783,991 for fiscal year 2023;
(C) $510,799,671 for fiscal year 2024;
(D) $521,015,664 for fiscal year 2025; and
(E) $531,435,977 for fiscal year 2026.
(2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used—
(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;
(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and
(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim).
(3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended.
**(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 104
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title—
(1) “veteran” means an individual who—
(A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955;
(B) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12103/d&num=0&edition=prelim) pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve;
(C) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or
(D) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom;
and, except as provided under section 2108a, who has been discharged or rel
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2108
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—**
(1) **In general.—** — There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance.
(2) **Goals.—** — The goals of the program shall be to—
(A) improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas;
(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
(C) reduce highway or freight congestion and bottlenecks;
(D) improve connectivity between modes of freight transportation;
(E) enhance the resiliency of critical highway or freight infrastructure and help protect the environment;
(F) improve roadways vital to national energy security, including highways that support movement of energy equipment; and
(G) address the impact of population growth on the movement of people and freight.
**(b) Grant Authority.—**
(1) **In general.—** — In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.
(2) **Grant amount.—** — Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000.
(3) **Grant administration.—** — The Secretary may—
(A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and
(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.
**(c) Eligible App
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case.
**(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
**(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3551
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Federal law — U.S. Code and appendices · legal_authorities
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3101
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