Davis-Bacon Suspension and Its Legislative Aftermath

Publication Date: October 2005

Publisher: Library of Congress. Congressional Research Service

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Research Area: Labor

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Abstract:

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, under the market, in order to secure a qualified workforce. 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 devastation left in Katrina's wake, President George W. Bush suspended the Davis-Bacon Act as it applies to certain jurisdictions in Florida, Alabama, Mississippi, and Louisiana. Although the President has the authority, under Section 6 of the Act, to render such suspensions during a national emergency, that authority has rarely been utilized.1 This report analyzes the legislative aftermath of the suspension. It will be updated as conditions warrant.