US Code

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

23 U.S.C. § 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 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. 85–76772 Stat. 895Pub. L. 90–495, § 12(a)82 Stat. 821Pub. L. 97–424, title I, § 14996 Stat. 2131Pub. L. 100–17, title I, § 133(b)(5)101 Stat. 171Pub. L. 102–240, title I, § 1006(g)(2)105 Stat. 1927Pub. L. 107–217, § 3(e)(2)116 Stat. 1299Pub. L. 112–141, div. A, title I, § 1104(c)(2)126 Stat. 427(, , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–141, § 1104(c)(2)(A)2012—Subsec. (a). , substituted “Federal-aid highways” for “the Federal-aid systems”.

Pub. L. 112–141, § 1104(c)(2)(B)Subsec. (b). , substituted “Federal-aid highway” for “of the Federal-aid systems”.

Pub. L. 107–21740 U.S.C. 276a2002—Subsec. (a). substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of , known as the Davis-Bacon Act ()”.

Pub. L. 102–2401991—Subsec. (a). , 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.

Pub. L. 100–171987—Subsec. (a). substituted “” for “” and “276a” for “267a”.

Pub. L. 97–4241983—Subsec. (a). struck out “initial” after “subcontractors on the”.

Pub. L. 90–4951968—Subsec. (a). extended wage rate provisions to the construction of all Federal-aid highway projects by amending provisions limiting them only to the Interstate System.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

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

Effective Date of 1991 Amendment

Pub. L. 102–240section 1100 of Pub. L. 102–240section 104 of this titleAmendment by effective , and applicable to funds authorized to be appropriated or made available after , and, with certain exceptions, not applicable to funds appropriated or made available on or before , see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–495section 37 of Pub. L. 90–495section 101 of this titleAmendment by effective , see , set out as a note under .