Construction Program Guide
Convict Produced Material / Convict Labor
FHWA policy prohibits the use of convict labor and material for projects located on Federal-aid highways.
Authority / Legal Basis
- Title 23 C.F.R. 635.117(a) provides the FHWA's regulatory policy for convict labor.
- Title 23 C.F.R. 635.417 provides the FHWA's regulatory policy for convict produced materials. Such materials are prohibited from use on the Federal-aid highway system, except that "Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal-aid highway construction project if such materials have been:
- Produced by convicts who are on parole, supervised release, or probation from a prison or
- Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in Federal-aid highway construction does not exceed the amount of such materials produced in such facility for use in Federal-aid highway construction during the 12-month period ending July 1, 1987."
Other FHWA HQ polled the Division Offices to determine the types, quantities, and costs of convict-produced materials produced in each State for the 12-month period ending July 1, 1987. The allowable material types and quantities the results of the survey are in the table below. States not listed did not incorporate convict produced materials into its Federal-aid highway construction products during that period. By statute, each state listed is limited to the convict-produced materials and quantities shown:
||Aluminum Tear Drop Assemblies
|Aluminum Guide Plates
|Type K Markers
|District Of Columbia
||Signs - High Intensity
|Signs - Engineering Grade
Office of Program Administration