§ 113 TITLE 23—HIGHWAYS Page 62

1991], the Secretary shall transmit to Congress a report

on implementation of the program established under

this section.

‘‘(e) ENGINEERING AND DESIGN SERVICES DEFINED.—

The term ‘engineering and design services’ means any

category of service described in section 112(b) of title

23, United States Code.

‘‘(f) REGULATIONS.—Not later than 180 days after the

date of the enactment of this Act [Dec. 18, 1991], the

Secretary shall issue regulations to carry out this section.’’

PILOT PROGRAM FOR UNIFORM AUDIT PROCEDURES

Pub. L. 102–240, title I, §1092, Dec. 18, 1991, 105 Stat.

2024, directed Secretary to establish pilot program to

include no more than 10 States under which any contract or subcontract awarded in accordance with subsec. (b)(2)(A) of this section was to be performed and

audited in compliance with cost principles contained in

Federal acquisition regulations of part 41 of title 48 of

Code of Federal Regulations, provided for indirect cost

rates in lieu of performing audits, and required each

State participating in pilot program to report to Secretary not later than 3 years after Dec. 18, 1991, on results of program, prior to repeal by Pub. L. 104–59, title

III, §307(b), Nov. 28, 1995, 109 Stat. 582. See subsec.

(b)(2)(C) to (F) of this section.

EVALUATION OF STATE PROCUREMENT PRACTICES

Pub. L. 102–240, title VI, §6014, Dec. 18, 1991, 105 Stat.

2181, directed Secretary to conduct a study to evaluate

whether or not current procurement practices of State

departments and agencies were adequate to ensure that

highway and transit systems were designed, constructed, and maintained so as to achieve a high quality for such systems at the lowest overall cost and, not

later than 2 years after Dec. 18, 1991, to transmit to

Congress a report on the results of the study, together

with an assessment of the need for establishing a national policy on transportation quality assurance and

recommendations for appropriate legislative and administrative actions.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 210 of this title.

§ 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 the Act of March 3,

1931, known as the Davis-Bacon Act (40 U.S.C.

276a).

(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, §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.)

REFERENCES IN TEXT

Act of March 3, 1931, known as the Davis-Bacon Act

(40 U.S.C. 276a), referred to in subsec. (a), is act Mar. 3,

1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a–5 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note

set out under section 276a of Title 40 and Tables.

AMENDMENTS

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.

§ 114. Construction

(a) CONSTRUCTION WORK IN GENERAL.—The construction of any highways or portions of highways located on a Federal-aid system shall be

undertaken by the respective State highway departments or under their direct supervision. Except as provided in section 117 of this title, such

construction shall be subject to the inspection

and approval of the Secretary. The construction

work and labor in each State shall be performed

under the direct supervision of the State highway department and in accordance with the laws

of that State and applicable Federal laws. Construction may be begun as soon as funds are

available for expenditure pursuant to subsection

(a) of section 118 of this title. After July 1, 1973,

the State highway department shall not erect on

any project where actual construction is in

progress and visible to highway users any infor-