23 U.S.C. § 114 — Construction

Page 93 TITLE 23—HIGHWAYS § 114 secondary, as well as their extension in urban areas, and the Interstate system,’’ was executed by making the substitution for the quoted words which in the original contained the word ‘‘extensions’’ rather than ‘‘extension’’, to reflect the probable intent of Congress. 1987—Subsec. (a). Pub. L. 100–17 substituted ‘‘March 3, 1931’’ for ‘‘August 30, 1935’’ and ‘‘276a’’ for ‘‘267a’’. 1983—Subsec. (a). Pub. L. 97–424 struck out ‘‘initial’’ after ‘‘subcontractors on the’’. 1968—Subsec. (a). Pub. L. 90–495 extended wage rate provisions to the construction of all Federal-aid high- way projects by amending provisions limiting them only to the Interstate System. Subsec. (b). Pub. L. 90–495 substituted ‘‘any of the Federal-aid systems’’ for ‘‘the Interstate System’’. Subsec. (c). Pub. L. 90–495 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. 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 1968 AMENDMENT Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title. § 114. Construction (a) CONSTRUCTION WORK IN GENERAL.—The con- struction of any Federal-aid highway or a por- tion of a Federal-aid highway shall be under- taken by the respective State transportation de- partments 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 accord- ance with the laws of that State and applicable Federal laws. Construction may be begun as soon as funds are available for expenditure pur- suant 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. (b) CONVICT LABOR AND CONVICT PRODUCED MA- TERIALS.— (1) LIMITATION ON CONVICT LABOR.—Convict labor shall not be used in construction of Fed- eral-aid highways or portions of Federal-aid highways unless the labor is performed by con- victs who are on parole, supervised release, or probation. (2) LIMITATION ON CONVICT PRODUCED MATE- RIALS.—Materials produced after July 1, 1991, by convict labor may only be used in such con- struction— (A) if such materials are produced by con- victs who are on parole, supervised release, or probation from a prison; or (B) if such materials are produced by con- victs 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 facil- ity’’ means any prison facility in which con- victs, during the 12-month period ending July 1, 1987, produced materials for use in construc- tion of highways or portions of highways lo- cated 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 re- ceive 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 (relat- ing to temporary labor camp requirements). (3) PER DIEM.— (A) IN GENERAL.—Contractors are encour- aged to use commercial facilities and lodges on remote projects, however, when such fa- cilities 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 con- tractor provides or furnishes room and lodg- ing or pays a per diem, the cost of the amount shall not be considered a part of wages and shall be excluded from the cal- culation 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 al- lowed 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 High- way. (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 Junc- tion to the Alaska Canadian border. (4) DEFINITIONS.—In this subsection, the fol- lowing 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, Anchor- age, or Juneau, Alaska, as the case may be, or is inaccessible by road in a 2-wheel drive vehicle. Page 94 TITLE 23—HIGHWAYS § 114 (B) RESIDENT.—The term ‘‘resident’’, as used with respect to a project, means a per- son living within 65 road miles of the mid- point of the project for at least 12 consecu- tive 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 la- borers on any project for the construction of a highway to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work re- quired 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. (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; Pub. L. 112–141, div. A, title I, § 1506, July 6, 2012, 126 Stat. 564.) Editorial Notes AMENDMENTS 2012—Subsec. (b)(1). Pub. L. 112–141, § 1506(1)(A), added par. (1) and struck out former par. (1). Prior to amend- ment, text read as follows: ‘‘Convict labor shall not be used in construction of highways or portions of high- ways located on a Federal-aid system unless it is labor performed by convicts who are on parole, supervised re- lease, or probation.’’ Subsec. (b)(3). Pub. L. 112–141, § 1506(1)(B), inserted ‘‘in existence during that period’’ after ‘‘located on a Fed- eral-aid system’’. Subsec. (d). Pub. L. 112–141, § 1506(2), added subsec. (d). 2005—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 lo- cated on a Federal-aid system’’ and ‘‘The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary deter- mines to be appropriate.’’ for ‘‘Except as provided in section 117 of this title, such construction shall be sub- ject 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 de- partment’’ in two places and ‘‘State transportation de- partments’’ for ‘‘State highway departments’’. 1991—Subsec. (b)(2). Pub. L. 102–240, inserted ‘‘after July 1, 1991,’’ after ‘‘Materials produced’’ in introduc- tory 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 con- vict 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 in- sertion of ‘‘, supervised release,’’ after ‘‘parole’’ effec- tive Nov. 1, 1987, was not executed, because of inter- vening 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 mate- rials 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 high- way 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 respec- tive contributions therefor by the State and Federal Governments. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. 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. LOCAL HIRING PREFERENCE FOR CONSTRUCTION JOBS Pub. L. 117–58, div. B, title V, § 25019, Nov. 15, 2021, 135 Stat. 875, provided that: ‘‘(a) AUTHORIZATION.— ‘‘(1) IN GENERAL.—A recipient or subrecipient of a grant provided by the Secretary [of Transportation] under title 23 or 49, United States Code, may imple- ment a local or other geographical or economic hir- ing preference relating to the use of labor for con- struction of a project funded by the grant, including prehire agreements, subject to any applicable State and local laws, policies, and procedures. ‘‘(2) TREATMENT.—The use of a local or other geo- graphical or economic hiring preference pursuant to paragraph (1) in any bid for a contract for the con- struction of a project funded by a grant described in paragraph (1) shall not be considered to unduly limit competition. ‘‘(b) WORKFORCE DIVERSITY REPORT.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall submit to Congress a report describing methods— ‘‘(1) to ensure preapprenticeship programs are es- tablished and implemented to meet the needs of em- ployers in transportation and transportation infra- Page 95 TITLE 23—HIGHWAYS § 114 structure construction industries, including with re- spect to the formal connection of the preapprenticeship programs to registered apprentice- ship programs; ‘‘(2) to address barriers to employment (within the meaning of the Workforce Innovation and Oppor- tunity Act (29 U.S.C. 3101 et seq.)) in transportation and transportation infrastructure construction indus- tries for— ‘‘(A) individuals who are former offenders (as de- fined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); ‘‘(B) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and ‘‘(C) individuals that represent populations that are traditionally underrepresented in the work- force; and ‘‘(3) to encourage a recipient or subrecipient imple- menting a local or other geographical or economic hiring preference pursuant to subsection (a)(1) to es- tablish, in coordination with nonprofit organizations that represent employees, outreach and support pro- grams that increase diversity within the workforce, including expanded participation from individuals de- scribed in subparagraphs (A) through (C) of paragraph (2). ‘‘(c) MODEL PLAN.—Not later than 1 year after the date of submission of the report under subsection (b), the Secretary shall establish, and publish on the website of the Department [of Transportation], a model plan for use by States, units of local government, and private sector entities to address the issues described in that subsection.’’ HIGHWAYS FOR LIFE PILOT PROGRAM Pub. L. 109–59, title I, § 1502, Aug. 10, 2005, 119 Stat. 1236, provided that: ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall establish and implement a pilot program to be known as the ‘Highways for LIFE Pilot Pro- gram’. ‘‘(2) PURPOSE.—The purpose of the pilot program shall be to advance longer-lasting highways using in- novative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges. ‘‘(3) OBJECTIVES.—Under the pilot program, the Sec- retary shall provide leadership and incentives to demonstrate and promote state-of-the-art tech- nologies, elevated performance standards, and new business practices in the highway construction proc- ess that result in improved safety, faster construc- tion, reduced congestion from construction, and im- proved quality and user satisfaction. ‘‘(b) PROJECTS.— ‘‘(1) APPLICATIONS.—To be eligible to participate in the pilot program, a State shall submit to the Sec- retary [of Transportation] an application that is in such form and contains such information as the Sec- retary requires. Each application shall contain a de- scription of proposed projects to be carried by the State under the pilot program. ‘‘(2) ELIGIBILITY.—A proposed project shall be eligi- ble for assistance under the pilot program if the project— ‘‘(A) constructs, reconstructs, or rehabilitates a route or connection on a Federal-aid highway eligi- ble 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 construc- tion, and improve quality; and ‘‘(C) meets additional criteria as determined by the Secretary. ‘‘(3) PROJECT PROPOSAL.—A project proposal sub- mitted under paragraph (1) shall contain— ‘‘(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 con- tracting methods that will be used for the proposed projects; and ‘‘(D) such other information as the Secretary may require. ‘‘(4) SELECTION CRITERIA.—In selecting projects for approval under this section, the Secretary shall en- sure that the projects provide an evaluation of a broad range of technologies in a wide variety of project types and shall give priority to the projects that— ‘‘(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 dem- onstrate substantial improvements in safety, con- gestion, 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 de- termines appropriate. ‘‘(5) FINANCIAL ASSISTANCE.— ‘‘(A) FUNDS FOR HIGHWAYS FOR LIFE PROJECTS.— Out of amounts made available to carry out this section for a fiscal year, the Secretary may allo- cate to a State up to 20 percent, but not more than $5,000,000, of the total cost of a project approved under this section. Notwithstanding any other pro- vision of law, funds allocated to a State under this subparagraph may be applied to the non-Federal share of the cost of construction of a project under title 23, United States Code. ‘‘(B) USE OF APPORTIONED FUNDS.—A State may obligate not more than 10 percent of the amount apportioned to the State under one or more of [former] paragraphs (1), (2), (3), and (4) of section 104(b) of title 23, United States Code, for a fiscal year for projects approved under this section. ‘‘(C) INCREASED FEDERAL SHARE.—Notwith- standing sections 120 and 129 of title 23, United States Code, the Federal share payable on account of any project constructed with Federal funds allo- cated under this section, or apportioned under [former] section 104(b) of such title, to a State under such title and approved under this section may amount to 100 percent of the cost of construc- tion of such project. ‘‘(D) LIMITATION ON STATUTORY CONSTRUCTION.— Except as provided in subparagraph (C), nothing in this subsection shall be construed as altering or otherwise affecting the applicability of the require- ments of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program and the location of the project), to amounts appor- tioned to a State for a program under [former] sec- tion 104(b) that are obligated by the State for projects approved under this subsection. ‘‘(6) PROJECT SELECTIONS.—In the period of fiscal years 2005 through 2009, the Secretary, to the max- imum extent possible, shall approve at least 1 project in each State for participation in the pilot program and for financial assistance under paragraph (5) if the State submits an application and the project meets the eligibility requirements and selection criteria under this subsection. ‘‘(7) MAXIMUM NUMBER OF PROJECTS.—The maximum number of projects for which the Secretary may allo- cate funds under this subsection in a fiscal year is 15. Page 96 TITLE 23—HIGHWAYS § 115 ‘‘(c) TECHNOLOGY PARTNERSHIPS.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] may make grants or enter into cooperative agreements or other transactions to foster the devel- opment, improvement, and creation of innovative technologies and facilities to improve safety, enhance the speed of highway construction, and improve the quality and durability of highways. ‘‘(2) FEDERAL SHARE.—The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. ‘‘(d) TECHNOLOGY TRANSFER AND INFORMATION DIS- SEMINATION.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall conduct a highways for life technology transfer program. ‘‘(2) AVAILABILITY OF INFORMATION.—The Secretary shall ensure that the information and technology used, developed, or deployed under this subsection is made available to the transportation community and the public. ‘‘(e) STAKEHOLDER INPUT AND INVOLVEMENT.—The Sec- retary [of Transportation] shall establish a process for stakeholder input and involvement in the development, implementation, and evaluation of the Highways for LIFE Pilot Program. The process may include partici- pation by representatives of State departments of transportation and other interested persons. ‘‘(f) PROJECT MONITORING AND EVALUATION.—The Sec- retary [of Transportation] shall monitor and evaluate the effectiveness of any activity carried out under this section. ‘‘(g) CONTRACT AUTHORITY.—Except as otherwise pro- vided in this section, funds authorized to be appro- priated to carry out this section shall be available for obligation in the same manner as if the funds were ap- portioned under chapter 1 of title 23, United States Code. ‘‘(h) STATE DEFINED.—In this section, the term ‘State’ has the meaning such term has in section 101(a) of title 23, United States Code.’’ MATERIALS PRODUCED BY CONVICT LABOR Pub. L. 101–162, title II, § 202, Nov. 21, 1989, 103 Stat. 1002, provided that: ‘‘During fiscal year 1990 and here- after, materials produced by convict labor may be used in the construction of any highways or portion of high- ways 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. ACCELERATION OF PROJECTS Pub. L. 97–424, title I, § 129, Jan. 6, 1983, 96 Stat. 2118, provided that: ‘‘The Secretary of Transportation shall by rule or regulation establish, as soon as practicable, alternative methods for processing projects under title 23, United States Code, so as to reduce the time re- quired from the request for project approval through the completion of construction. In carrying out this section the Secretary shall utilize the knowledge and experience resulting from the demonstration project authorized by and carried out under section 141 of the Federal-Aid Highway Act of 1976 [Pub. L. 94–280, title I, § 141, May 5, 1976, 90 Stat. 444, formerly set out as a note under former section 124 of this title].’’ § 115. Advance construction (a) IN GENERAL.—The Secretary may authorize a State to proceed with a project authorized under this title— (1) without the use of Federal funds; and (2) in accordance with all procedures and re- quirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project— (A) with the aid of Federal funds pre- viously apportioned or allocated to the State; or (B) with obligation authority previously allocated to the State. (b) OBLIGATION OF FEDERAL SHARE.—The Sec- retary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project author- ized to proceed under this section from any cat- egory of funds for which the project is eligible. (c) INCLUSION IN TRANSPORTATION IMPROVE- MENT PROGRAM.—The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g). (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 90–495, § 25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829; Pub. L. 93–643, § 111, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 96–106, § 4, Nov. 9, 1979, 93 Stat. 797; Pub. L. 97–424, title I, § 113, Jan. 6, 1983, 96 Stat. 2106; Pub. L. 100–17, title I, § 113(a)–(d)(1), Apr. 2, 1987, 101 Stat. 149, 150; Pub. L. 102–302, § 103, June 22, 1992, 106 Stat. 252; Pub. L. 104–59, title III, § 308, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, §§ 1103(l)(3)(A), 1106(c)(1)(A), 1226(a), title V, § 5119(d), June 9, 1998, 112 Stat. 126, 136, 452; Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837; Pub. L. 109–59, title I, § 1501(a), Aug. 10, 2005, 119 Stat. 1235; Pub. L. 110–244, title I, § 101(j), June 6, 2008, 122 Stat. 1574; Pub. L. 117–58, div. A, title I, § 11525(e), Nov. 15, 2021, 135 Stat. 607.) Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 117–58 substituted ‘‘section 135(g)’’ for ‘‘section 135(f)’’. 2008—Subsecs. (c), (d). Pub. L. 110–244 redesignated subsec. (d) as (c). 2005—Subsecs. (a), (b). Pub. L. 109–59, § 1501(a)(2), added subsecs. (a) and (b) and struck out former sub- secs. (a) and (b), which related to payment of the Fed- eral share of the cost of congestion mitigation and air quality improvement, surface transportation, bridge, planning, and research projects and Interstate and Na- tional Highway System projects which have been sub- ject to advance construction by a State. Subsecs. (c), (d). Pub. L. 109–59, § 1501(a)(1), redesig- nated subsec. (c) as (d). 1998—Subsec. (a). Pub. L. 105–178, § 1106(c)(1)(A)(i), struck out ‘‘Substitute,’’ before ‘‘Congestion’’ in head- ing. Subsec. (a)(1)(A)(i). Pub. L. 105–178, §§ 1106(c)(1)(A)(ii), 5119(d), struck out ‘‘103(e)(4)(H),’’ after ‘‘under section’’ and substituted ‘‘or 505’’ for ‘‘or 307’’. Subsec. (b). Pub. L. 105–178, § 1226(a)(1), as added by Pub. L. 105–206, § 9003(a), struck out designation and heading of par. (1), redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, realigned margins, and