23 USC § 113 - Prevailing rate of wage

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(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.

Source

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90–495, § 12(a),Aug. 23, 1968, 82 Stat. 821; Pub. L. 97–424, title I, § 149,Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100–17, title I, § 133(b)(5),Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, § 1006(g)(2),Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107–217, § 3(e)(2),Aug. 21, 2002, 116 Stat. 1299.)

Amendments

2002—Subsec. (a). Pub. L. 107–217substituted “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. 100–17substituted “March 3, 1931” for “August 30, 1935” and “276a” for “267a”.

1983—Subsec. (a). Pub. L. 97–424struck out “initial” after “subcontractors on the”.

1968—Subsec. (a). Pub. L. 90–495extended 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. 90–495substituted “any of the Federal-aid systems” for “the Interstate System”.

Subsec. (c). Pub. L. 90–495added subsec. (c).

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–240effective 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 ofPub. L. 102–240, set out as a note under section 104 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–495effective Aug. 23, 1968, see section 37 ofPub. L. 90–495, set out as a note under section 101 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, December 26, 2012

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23 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 113		2012	112-141 [Sec.] 1104(c)(2)	126 Stat. 427

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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23 CFR - Title 23—Highways

23 CFR 635 - CONSTRUCTION AND MAINTENANCE

23 CFR 636 - DESIGN-BUILD CONTRACTING

29 CFR - Title 29—Labor

29 CFR 5 - LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS...TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)

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23 USC § 113 - Prevailing rate of wage

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