23 U.S.C. § 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 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 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 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.(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; Pub. L. 112–141, div. A, title I, § 1104(c)(2), July 6, 2012, 126 Stat. 427.)Editorial NotesAmendments

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 “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).

Statutory Notes and Related SubsidiariesEffective Date of 2012 Amendment

Amendment 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 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.

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1965–2023 · leading case: Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005).

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Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005). · cites it 6× “§ 3142 (b); 23 U.S.C. § 113 ; 23 C.F.R. § 633.102 . In order to demonstrate compliance with the terms of the Davis-Bacon Act, contractors and subcontractors subject to the Act’s prevailing wage provisions, such as Frank Bros.”

Abhe & Svoboda, Inc. v. Chao, 508 F.3d 1052 (D.C. Cir. 2007). · cites it 2× “23 U.S.C. § 113 (a). Pursuant to the Department’s regulations, see 29 C.”

Bldg. & Constr. Trades Dep't, Afl-Cio v. United States Dep't of Labor Wage Appeals Bd., Midway Excavators, Inc., 932 F.2d 985 (D.C. Cir. 1991). “Related Acts include: the Federal Aid Highway Act, 23 U.S.C. § 113 (1968) and the Federal Water Pollution Control Act, 33 U.”

Siuslaw Concrete Constr. Co. v. State of Washington, Dep't of Transp. Fed. High. Admin., 784 F.2d 952 (9th Cir. 1986). · cites it 5× “Second, 23 U.S.C. § 113 (a) requires that all laborers and mechanics employed on federally-funded projects be paid the prevailing wage rate as determined by the Secretary of Labor under the Davis-Bacon Act, 40 U.”

Enrique Molina-Estrada v. Puerto Rico High. Auth., 680 F.2d 841 (1st Cir. 1982). “(applied through the Federal Aid Highway Act of 1956, 23 U.S.C. § 113 (a)). The district court dismissed their complaint on two grounds.”

L.P. Cavett Co. v. United States Dep't of Labor, 101 F.3d 1111 (6th Cir. 1996). “23 U.S.C. § 113 (a) (emphasis added). The Act specifically notes that the prevailing wage determination shall be “in accordance with” the Davis-Bacon Act.”

Tap Elec. Contracting Serv., Inc. v. Hartnett, 29 Wage & Hour Cas. (BNA) 1478 (NY 1990). “Petitioner also asserts that section 220 conflicts with the prevailing wage rate requirements of the Davis-Bacon Act (Act) (40 USC § 276a).”

L.P. Cavett Co. v. United States Dep't of Labor, 892 F. Supp. 973 (S.D. Ohio 1995). · cites it 3× “The Department also contends that the contract under which the truck drivers in this case were working is governed by the Federal-Aid Highways Act, 23 U.S.C. § 113 , rather than the Davis-Bacon Act, and is not subject to a “directly upon the site of the work” limitation.”

Janik Paving & Constr., Inc. v. William E. Brock, Iii, as Sec'y of the United States Dep't of Labor, 828 F.2d 84 (2d Cir. 1987). “§§ 276a-276a-5 (1931); Federal-Aid Highway Act of 1956, as amended, 23 U.S.C. § 113 (a); Housing and Community Development Act of 1974, 42 U.”

State of Missouri v. Stupp Bros. Bridge & Iron Co., 248 F. Supp. 169 (W.D. Mo. 1965). “He insures that the prevailing wage rates are paid to all laborers and mechanics employed on a project; he controls the use of convict labor ( 23 U.S.C. §§ 113 (a), 114(b)). The statute also authorizes the Administrator to secure land for the state when the state is otherwise…”

State High. Comm'n of Missouri v. Volpe, 479 F.2d 1099 (8th Cir. 1973). “§ 112) and to insure that prevailing wage rates are maintained ( 23 U.S.C. § 113 ). We find nothing within these provisions of the Act which explicitly or impliedly allows the Secretary to withhold approval of construction projects for reasons remote and unrelated to the Act.”

Virginia ex rel. Comm'r v. Marshall, 599 F.2d 588 (4th Cir. 1979). · cites it 3× “This appeal of the Commonwealth of Virginia challenges a wage rate determination by the Secretary of Labor made pursuant to the Federal-Aid Highway Act, 23 U.S.C. § 113 and the Davis-Bacon Act, 40 U.”

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