The Davis-Bacon Act was adopted in early 1931. For more than 4 decades now, and continuing into the 21 st century, Davis-Bacon has been almost constantly a focus of public policy concern: as legislation, through administrative rulemaking, and in litigation before the courts. In addition to direct federal construction contracts, the Davis-Bacon prevailing wage "principle" has been written into more than 50 federal program statutes. This report examines policy issues the act has sparked through the years and which remain a part of the Davis-Bacon debate into the 21 st century. These include such questions as: wage rate determination procedures, reporting requirements under the Copeland Act, an appropriate threshold for activation of the statute, interagency relationships with respect to Davis-Bacon enforcement and compliance activity, administrative or judicial appeals procedures, the use of "helpers" and other low-skilled workers on covered projects, and the right of a President to suspend the statute as well as the conditions under which such a suspension may occur. Controversy Concerning the Davis-Bacon Act

Historically, the act has enjoyed strong bipartisan support; but, at the same time, especially since the middle 1950s, it has provoked militant criticism. Through the years, however, Congress has extended the act's provisions to cover an ever wider segment of federal and federally assisted construction; and, at least during the past several decades, such extensions of coverage have provided an opportunity for renewed debate concerning the act and its impact. Bacon wanted to keep it that way: in 1927, he introduced legislation to require that locally prevailing wage standards be met in federal construction work. How is a prevailing wage to be determined and when? The Copeland "Anti-Kickback" Act (1934)

While Davis-Bacon required payment of not less than the locally prevailing wage on federal contract construction, it remained to be enforced. On June 13, 1934, President Roosevelt signed the measure. Whatever the diversity of opinion may have been during the 1950s with respect to the prevailing wage statute (and, however vigorous opposition to the act may have been), Congress continued to preserve the act and to extend Davis-Bacon coverage through the provisions in various federal program statutes. The issue was further complicated by prefabrication of components for general construction. Amendments to the SCA were adopted in 1972 and 1976—in each instance, over contractor objections. 500 , a proposal not only to repeal the Davis-Bacon and Copeland Acts per se but, also, to remove Davis-Bacon requirements from all federal laws into which they had been incorporated. In the wake of the President's action, several bills were introduced that would have had the effect of overturning the President's Davis-Bacon proclamation: H.R. The article continued, quoting Labor Secretary Elaine Chao, that "[u]pon review of current conditions in the declared areas, the administration will reinstate Davis-Bacon...."

	Issues Remaining for the New Century

Although the Davis-Bacon Act has been in place for 75 years, it remains a focus of controversy. In the mid-1990s, there seemed to be some suggestion that critics were making inroads on the act, and that repeal (or significant revision) was likely. But, the thrust of congressional policy has been consistently toward expanded coverage and a strengthening of the act.
In 1931, at the urging of the Hoover Administration, Congress adopted the Davis-Bacon Act. The measure set certain minimum labor standards for workers employed in federal contract construction: notably, that contractors must pay their employees not less than the locally prevailing wage. The threshold for coverage is currently $2,000 and up. Construction crafts are divided into four components: commercial buildings, highways, residential, and heavy construction. Locality, in this case, is normally the equivalent of a county, though other options are possible. In addition, the Copeland "anti-kickback" Act of 1934 sets reporting requirements intended to aid in Davis-Bacon enforcement and compliance. Through the years, the Davis-Bacon requirements have been applied to dozens of program statutes that involve federal and federally assisted construction.
Davis-Bacon has been amended over the years to expand its coverage and to strengthen enforcement. It has generally enjoyed strong bipartisan support throughout its history; but, the act has also sparked continuing controversy and opposition, especially from non-union contractors. Issues of policy concerning the act, raised initially in the 1920s and 1930s, continue to be debated into the 21st century. Seventy-five years after its enactment, questions remain about its economic impact, its scope and pattern of coverage, and its administration. Since the early 1950s, the act has been variously the focus of rulemaking, litigation, and legislative interest and, through the past quarter century, of all three.
In 1934 and in 1971, the act was generally (but temporarily) suspended by Presidents Roosevelt and Nixon. From October 1992 until March 1993, it was suspended by President George H.W. Bush, but only for locations affected by Hurricanes Andrew and Iniki. From September into November 2005, it was suspended by President George W. Bush for areas affected by Hurricane Katrina.
Into the early 1990s, bills were introduced that would have repealed the Davis-Bacon and Copeland Acts outright, had they been adopted, eliminating the prevailing wage and reporting requirements from program statutes into which they have been incorporated. In the mid-1990s, a shift in political control in Congress seemed to forecast victory for those favoring repeal. But ultimately, the prevailing wage issue proved to be bipartisan and the statutes (Davis-Bacon and Copeland) remained unchanged. Prevailing wage/Davis-Bacon provisions have continued to be included in federal program statutes where construction has been a program component.
With the advent of the 21st century, the Davis-Bacon debate has continued sporadically, but its focus, increasingly, has been upon the prevailing wage standards of program legislation. Given the experience of the past seven decades, it seems likely that Davis-Bacon will remain an issue of public policy for the immediate future.