Davis-Bacon Suspension and Its Legislative Aftermath Page: 2 of 12
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Davis-Bacon Suspension and Its Legislative Aftermath
Summary
The Davis-Bacon Act of 1931 (as amended) requires that not less than the
locally prevailing wage be paid to workers engaged in federal contract construction.
A higher rate may be required, depending upon market conditions, in order to secure
a qualified workforce. Davis-Bacon, however, represents a wage floor.
Under Davis-Bacon, the President is allowed to suspend the Act during a time
of national emergency - though a national emergency is not defined in the Act. On
four occasions, Presidents have suspended the statute - most recently in the wake
of Hurricane Katrina.
During the last week of August 2005, Hurricane Katrina gathered strength in the
Atlantic and moved against the Gulf states. On September 8, 2005, amid the chaos
left in Katrina's wake, President George W. Bush suspended Davis-Bacon -
focusing upon the massive effort that would be required for reconstruction.
In the wake of Hurricane Katrina, the legislative response has been diverse. H.R.
3684 (Flake) proposed to render a suspension mandatory during any major disaster
proclaimed by the President under the Stafford Act. A companion bill was
introduced in the Senate: S. 1817 (DeMint). Other measures, introduced after the
President had acted, would have reversed his proclamation and would have restored
Davis-Bacon to full force: H.R. 3763 (George Miller), H.R. 3834 (Pallone), and S.
1749 (Kennedy). Yet another bill, S. 1763 (Boxer), would have given employment
preference to persons impacted by Hurricane Katrina - and would have, in effect,
restored Davis-Bacon.
Proceeding in a different manner were H.Res. 467 (Miller) and H.Res. 488
(LaTourette). Though somewhat differently worded, the President was requested in
each to provide to the House of Representatives information in his possession that
relates to wages and benefits to be paid to workers in the several hurricane-impacted
areas. In late October, Labor Secretary Chao announced that Davis-Bacon would be
reinstated by November 8, 2005.
In other legislation, H.R. 3907 (Blackburn) proposed a redefinition of the
concept of helper for Davis-Bacon purposes. Although of general application, the
new definition could have a significant impact in the storm ravished regions.
This report analyzes the legislative aftermath of the decision to suspend the
Davis-Bacon Act. It will be updated as conditions warrant.
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Whittaker, William G. Davis-Bacon Suspension and Its Legislative Aftermath, report, November 14, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc810481/m1/2/: accessed April 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.