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Title 23 — HighwaysRelease 119-73

§113 Prevailing rate of wage

Title 23 › Chapter CHAPTER 1— - FEDERAL-AID HIGHWAYS › § 113

Last updated Apr 6, 2026|Official source

Summary

The Secretary must make sure that all laborers and mechanics hired by contractors or subcontractors on Federal-aid highway construction are paid at least the wages that people doing the same kind of work earn nearby. Those wage rates are set by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor will talk with the State highway department about each project, then decide the minimum wages for that project. Those wage decisions must be included in the project’s bid ads, bid forms, and contract. Work done under apprenticeship or skill training programs is excluded if the Secretary of Transportation certifies the program promotes equal employment opportunity.

Full Legal Text

Title 23, §113

Highways — Source: USLM XML via OLRC

(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 Federal-aid highways, 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 section 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 Federal-aid highway 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (a). Pub. L. 112–141, § 1104(c)(2)(A), substituted “Federal-aid highways” for “the Federal-aid systems”. Subsec. (b). Pub. L. 112–141, § 1104(c)(2)(B), substituted “Federal-aid highway” for “of the Federal-aid systems”. 2002—Subsec. (a). Pub. L. 107–217 substituted “section 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date

of 1991 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

23 U.S.C. § 113

Title 23 — Highways

Last Updated

Apr 6, 2026

Release point: 119-73