Davis-Bacon: The Act and the Literature (CRS Report for Congress)
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| Release Date |
Nov. 13, 2007 |
| Report Number |
94-908 |
| Authors |
William G. Whittaker, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
Summary:
The Davis-Bacon Act of 1931, as amended, requires that contractors engaging in certain federal contract construction pay workers on such projects not less than the locally prevailing wage for comparable work. In addition, such contractors are required to file payroll reports and to meet other administrative and labor standards requirements.
Enacted at the urging of the Hoover Administration, the statute was modified in 1934 with adoption of the Copeland ("anti-kickback") Act and in 1935 through general amendments dealing with administration and implementation: among them, establishment of a $2,000 coverage threshold (the threshold had been $5,000 in the original enactment), a requirement that the prevailing wage rate be determined prior to submission of bids, and extension of coverage both to public buildings and public works including painting and decorating. In 1964, the concept of "prevailing wage" was expanded to include a fringe benefit component. The statute has also been the subject of technical amendments through the years, and Davis-Bacon provisions have been added to more than 50 federal program statutes.
The act contains a provision allowing for its suspension by the President of the United States during a "national emergency." It has been suspended on three occasions: in 1934 by President Roosevelt, in 1971 by President Nixon, and in 1992 by President Bush. In each instance, the suspension was brief and the act was subsequently restored to its full strength.
While there is a relatively extensive literature (both popular and scholarly) concerning the act, there also appear to be significant gaps in our knowledge of the statute and its impact. Some have questioned the adequacy of the data upon which analysis of Davis-Bacon impact rests. During the Reagan Administration, changes were instituted in the manner in which the act was implemented and these, in turn, have produced a need for further, more current, data for analytical purposes.
Included, here, is a select bibliography of published materials dealing with the Davis-Bacon Act and immediately related issues. The list includes popular and scholarly sources but does not, for the most part, include an inventory of congressional documents, agency reports or publications of interest groups. Most of the documentation cited here will be available from the collections of the Library of Congress or from major public or university library collections. In some cases, privately published materials are available through the Internet. This bibliographic report will be updated periodically.
