Public Law 119-73 (01/23/2026)

23 U.S.C. § 308

Cooperation with Federal and State agencies and foreign countries

(a)

Authorized Activities.—

(1)

In general .—

The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies.
(2)

Inclusions .—

Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(3)

Reimbursement .—

Reimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation.
(4)

Alternative contracting methods.—

(A)

In general .—

Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title.
(B)

Methods described .—

The contracting methods referred to in subparagraph (A) shall include, at a minimum—
(i)
project bundling;
(ii)
bridge bundling;
(iii)
design-build contracting;
(iv)
2-phase contracting;
(v)
long-term concession agreements; and
(vi)
any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.
(b)
Appropriations for the work of the Federal Highway Administration shall be available for expenses of warehouse maintenance and the procurement, care, and handling of supplies, materials, and equipment for distribution to projects under the supervision of the Federal Highway Administration, or for sale or distribution to other Government agencies, cooperating foreign countries, and State cooperating agencies, and the cost of such supplies and materials or the value of such equipment, including the cost of transportation and handling, may be reimbursed to current applicable appropriations.

Pub. L. 85–76772 Stat. 914Pub. L. 93–87, title I, § 152(5)87 Stat. 276Pub. L. 112–141, div. A, title I, § 1521(f)126 Stat. 579Pub. L. 117–58, div. A, title I, § 11305(b)135 Stat. 532(, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 4634 of Title 42Section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a)(2), is classified to , The Public Health and Welfare.

Amendments

Pub. L. 117–582021—Subsec. (a)(4). added par. (4).

Pub. L. 112–1412012—Subsec. (a). added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary is authorized to perform by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Government agencies, cooperating foreign countries, and State cooperating agencies, and reimbursement for such services, which may include depreciation on engineering and roadbuilding equipment used, shall be credited to the appropriation concerned.”

Pub. L. 93–871973—Subsec. (b). substituted “Federal Highway Administration” for “Bureau of Public Roads” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58section 10003 of Pub. L. 117–58section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2012 Amendment

Pub. L. 112–141, div. A, title I, § 1521(g)126 Stat. 579

“(1)

In general.—

section 4634 of Title 42Pub. L. 112–141section 101 of this titleExcept as provided in paragraph (2), the amendments made by this section [enacting , The Public Health and Welfare, and amending this section and sections 4622 to 4624 and 4633 of Title 42] shall take effect on the date of enactment of this Act [see section 3(a), (b) of , set out as Effective and Termination Dates of 2012 Amendment notes under ].
“(2)

Exception.—

The amendments made by subsections (a) through (c) [amending sections 4622 to 4624 of Title 42] shall take effect 2 years after the date of enactment of this Act.”
, , , provided that: