Page:United States Statutes at Large Volume 101 Part 1.djvu/178

 101 STAT. 148 Regulations. 23 USC 106.

PUBLIC LAW 100-17—APR. 2, 1987 "(1) GENERAL RULE.—The Secretary shall issue regulations ' • establishing and requiring, for inclusion in each contract entered into with respect to any project approved under section 106 of this title a contract clause, developed in accordance with ^) guidelines established by the Secretary, which equitably addresses each of the following: } "(A) Site conditions. 'i "(B) Suspensions of work ordered by the State (other than a suspension of work caused by the fault of the contractor or by weather). "(C) Material changes in the scope of work specified in the contract. The guidelines established by the Secretary shall not require P arbitration. ' "(2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall apply in a State except to the extent that such State adopts or has ^^'• adopted by statute a formal procedure for the development of a ^y contract clause described in paragraph (1) or adopts or has adopted a statute which does not permit inclusion of such a contract clause.", (d) CONFORMING AMENDMENTS.—Section 112(b) of such title is further amended— (1) by inserting "BIDDING REQUIREMENTS.—" after "(b)"; and (2) by indenting paragraph (1), as designated by subsection (a) of this section, and aligning such paragraph with paragraph (2), as added by such subsection. SEC. 112. CONVICT PRODUCED MATERIALS.
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(a) IN GENERAL.—Subsection (b) of section 114 of title 23, United States Code, is amended to read as follows: "(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 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. as "(3) QUALIFIED PRISON FACILITY DEFINED.—As used in this subsection, 'qualified prison facility' means any prison facility -liv, 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.". (b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such section is amended by inserting "CONSTRUCTION WORK IN GENERAL.—"

before "The construction o f.

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