§ 113. — Prevailing rate of wage.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC113]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 113. Prevailing rate of wage
(a) The Secretary shall take such action as may be necessary to
insure that all laborers and mechanics employed by contractors or
subcontractors on the construction work performed on highway projects on
the Federal-aid highways authorized under the highway laws providing for
the expenditure of Federal funds upon the Federal-aid systems, shall be
paid wages at rates not less than those prevailing on the same type of
work on similar construction in the immediate locality as determined by
the Secretary of Labor in accordance with sections 3141-3144, 3146, and
3147 of title 40.
(b) In carrying out the duties of subsection (a) of this section,
the Secretary of Labor shall consult with the highway department of the
State in which a project on any of the Federal-aid systems is to be
performed. After giving due regard to the information thus obtained, he
shall make a predetermination of the minimum wages to be paid laborers
and mechanics in accordance with the provisions of subsection (a) of
this section which shall be set out in each project advertisement for
bids and in each bid proposal form and shall be made a part of the
contract covering the project.
(c) The provisions of the section shall not be applicable to
employment pursuant to apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting
equal employment opportunity in connection with Federal-aid highway
construction programs.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90-495,
Sec. 12(a), Aug. 23, 1968, 82 Stat. 821; Pub. L. 97-424, title I,
Sec. 149, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100-17, title I,
Sec. 133(b)(5), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I,
Sec. 1006(g)(2), Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107-217,
Sec. 3(e)(2), Aug. 21, 2002, 116 Stat. 1299.)
Amendments
2002--Subsec. (a). Pub. L. 107-217 substituted ``sections 3141-3144,
3146, and 3147 of title 40'' for ``the Act of March 3, 1931, known as
the Davis-Bacon Act (40 U.S.C. 276a)''.
1991--Subsec. (a). Pub. L. 102-240, which directed substitution of
``highways'' for ``systems, the primary and 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 highway 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).
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.
Section Referred to in Other Sections
This section is referred to in section 106 of this title.
