CEI Joins Coalition Letter Urging Repeal of Expanded Davis-Bacon Act

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Dear Secretary Acosta:

As the Department of Labor implements Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” issued by President Trump on January 30, 2017, the undersigned organizations respectfully recommend the repeal of All Agency Memorandum (AAM) 212, issued by the Wage and Hour Division on March 23, 2013.

AAM 212, which expanded the Davis-Bacon Act to members of survey crews, is a “significant guidance document” resulting in a costly and unnecessary change in more than 50 years of accepted and settled policy. When implemented by the Obama Administration, AAM 212 unilaterally expanded the application of the Davis-Bacon Act to a class of workers who had never previously been considered “laborers and mechanics.” Rather, survey crews work under the responsible charge of licensed, professional surveyors, their services are not directly involved in construction, and their work predominately applies knowledge for analysis and interpretation while collecting data to exercise discretion and judgment, and is not “manual or physical in nature.”

AAM 212 was issued without action by Congress, ruling by a court, or any other activity to change a 50+ year policy. It was promulgated without public notice, hearings, or notification and engagement of affected stakeholders.

We respectfully recommend the rescission of the costly and ill-advised AAM 212.


Jim Martin
Chairman and Founder
60 Plus Association

Dick Patten
American Business Defense Council

Grover Norquist
Americans for Tax Reform

John Palatiello
Business Coalition for Fair Competition

Andrew F. Quinlan
Center for Freedom and Prosperity

Olivia Grady
Senior Fellow
Center for Worker Freedom

Trey Kovacs
Policy Analyst
Competitive Enterprise Institute

Tom Schatz
Council for Citizens Against Government Waste

Colleen Holmes Holcomb
Vice President Government Relations
Eagle Forum

Mario H. Lopez
Hispanic Leadership Fund

Dr. Tim Kane
JP Conte Fellow in Immigration Studies
Hoover Institution, Stanford University

Pete Sepp
National Taxpayers Union

Horace Cooper
Project 21

Karen Kerrigan
President & CEO
Small Business & Entrepreneurship Council

David Williams
Taxpayers Protection Alliance

Andrew Langer
The Institute for Liberty

Dan Peterson
Director-Center For Property Rights
The James Madison Institute