The Davis-Bacon Act of 1931 is a United States federal law which
established the requirement for paying prevailing wages on public works projects. All
federal government construction contracts, and most contracts
for federally assisted construction over $2,000, must include provisions for paying workers on-site no less than the locally
prevailing wages and benefits paid on similar
projects.
The act is named after its Republican sponsors, James "Puddler Jim" Davis, a Senator
from Pennsylvania and a former Secretary of Labor under three
presidents, and Representative Robert L. Bacon of Long Island, New York.
Prevailing wage laws in the U.S. date back as far as 1891, when on the state level, Kansas instituted this first such law.
Forty-one states followed suit in the years to come. These state prevailing wage laws were the fruit of the "Progressive Era,"
which instituted statutes such as child labor laws, public schools and worker compensation insurance.
But it took the worldwide Great Depression, which at its height saw one out of four Americans unemployed, that fueled the
passing of the Davis-Bacon Act by a Republican Congress and a Republican President, Herbert Hoover. Representative Bacon, say
modern conservative opponents of the law, initially introduced the bill after a contractor employed African-American workers from
Alabama to build a Veteran’s Bureau hospital in his New York district. More accurately, the legislative history of Davis-Bacon
reflects a desire by Congress to reserve jobs on federal projects for local workers, who nationwide faced epidemic unemployment.
Conservatives opposed to the Davis-Bacon Act have claimed that there was racist intent to the law, but critics have countered
that this is a red herring, stating that it was a sincere attempt to make amends for local workers and flatly dismiss the
conservative claim that it has Jim Crow origins.
While Davis-Bacon (and associated "Little Davis-Bacon" state laws) do encourage the hiring of skilled local workers, advocates
emphasize that they also work to train young people into skilled tradesmen and tradeswomen. Despite anti-union criticism, union
apprenticeship programs (which Davis-Bacon tends to promote) actively recruit and train minorities to this day.
Union supporters of Davis-Bacon point to a 2002 case known as "Brazier Construction vs. Elaine Chao, Secretary of the
Department of Labor." In it, Judge William B. Bryant (himself African-American) rejected that Davis-Bacon was a Jim Crow law. He
stated: "Americans of all races were in need of aid from the government during the Great Depression. Congress enacted the DBA
(Davis Bacon Act) to assure workers a fair wage, provide local contractors a fair opportunity to compete for local government
contracts and to preserve its own ability to distribute employment and federal money equitably through public works projects."
With the claim rejected, the plaintiffs did not appeal. Despite notable attempts to repeal the Davis-Bacon Act, the law for the
most part continues to enjoy often bi-partisan local support across the nation.
Created as a Jim Crow law
The Davis-Bacon Act is a Jim Crow law. It was passed to prevent African Americans from
bidding on government contracts. [1], [2], [3], [4] The act was introduced after whites complained that African American workers had been hired to build a Veteran's
Bureau hospital in Long Island. [5]
Congressional representative John Cochran of Missouri said that he voted for the Davis-Bacon Act because he had, "received
numerous complaints in recent months about Southern contractors employing low-paid colored mechanics getting work and bringing
the employees from the South." [6]
Congressional representative Clayton Allgood of Alabama said that he voted for Davis-Bacon because, "Reference has been made
to a contractor from Alabama who went to New York with bootleg labor. This is a fact. That contractor has cheap colored labor
that he transports, and he puts them in cabins, and it is labor of that sort that is in competition with white labor throughout
the country." [7]lllll
Amendments
The Davis-Bacon Act was amended in 1935 to ensure that contractors bidding on public works projects would not lower wages in
order achieve a lower bid, and to permit government agencies, which were required to accept the lowest bids, to employ
contractors who paid a fair wage.
The Act was modified again in 1964 to include fringe benefits in the calculation of prevailing wages.
In 1994, the Davis-Bacon act was amended so that the construction, renovation or repair of buildings used by Head Start
programs, are also subject to the requirements of the Davis-Bacon Act.
Suspensions
In 1934 President Franklin Roosevelt suspended the Act for three weeks in order
to manage administrative adjustments in light of the New Deal.
The Davis-Bacon Act was suspended by President Richard Nixon for 28 days in February
1971 in an effort to reduce inflation pressures. Labor Secretary Peter J. Brennan accused the Nixon administration of treating construction workers as patsies. Shortly
afterward, Nixon reinstated Davis-Bacon enforcement and ordered the establishment of the Construction Industry Stabilization
Committee.
In September 1992 President George H. W. Bush
indefinitely suspended the Davis-Bacon Act during the recovery from Hurricane Andrew in
1992. After Bill Clinton became president, he reinstated the Act in March 1993.
On September 7, 2005, President George W. Bush, citing a "national emergency", again
suspended the Act in the areas of Alabama, Florida, Louisiana and Mississippi ravaged by Hurricane Katrina.
Efforts to Repeal
Republicans have long been trying to repeal the Davis-Bacon act on
the grounds that the regulations are outdated, expensive and bureaucratic, driven in part by non-union contractor opposition to
the law. In 1993 Representative Cliff Stearns [8] urged the repeal of
the act. Republican Sue Wilkins Myrick tried to repeal it outright in the budget
battles of 1995.[9] Weakening it has been part of the Republican Party platform in 1996 and 2000. In February 1999, Representative
Ron Paul attempted to repeal it.[10] In 2004,
Representative Marilyn Musgrave tried again.
Hurricane Katrina
In the wake of Hurricane Katrina, House Representatives Jeff Flake, Tom Feeney, Marilyn
Musgrave, and other members of the House Republican Study Committee
(RSC) urged President Bush to temporarily suspend the Davis-Bacon Act in order to
expedite the reconstruction of the Gulf Coast.[11] [12] President George W. Bush then issued
proclamation 7924 to indefinitely suspend the provisions of 40 U.S.C. 3141-3148 (the
Davis–Bacon Act) in designated areas in the States of Alabama, Florida, Louisiana, and Mississippi, the areas most heavily hit by
the hurricane. [13] [14].
Efforts to repeal suspension
Senators have submitted S. 1749, the Fair Wages for Hurricane Katrina Recovery Workers Act which would restore Davis-Bacon
wage floors for workers involved in the restoration of the Gulf Coast.[15] Similar measures have
been submitted to the House with H.R.3684, H.R.3763, and H.R.3834. On October 26
2005, after pressure from both Democrats and Republicans, Bush rescinded his emergency order and
restored the prevailing wage requirement [16].
See also
External links
Descriptive sources on Davis-Bacon
Support for Davis-Bacon
Opposition to Davis-Bacon
Suspension of Davis-Bacon following Katrina
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