23 U.S.C. § 114 : US Code - Section 114: Construction

Search 23 U.S.C. § 114 : US Code - Section 114: Construction

(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. 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 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.
(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.