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

Coalition Letters

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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.

Sincerely,

Jim Martin

Chairman and Founder

60 Plus Association

Dick Patten

President

American Business Defense Council

Grover Norquist

President

Americans for Tax Reform

John Palatiello

President

Business Coalition for Fair Competition

Andrew F. Quinlan

President

Center for Freedom and Prosperity

Olivia Grady

Senior Fellow

Center for Worker Freedom

Trey Kovacs

Policy Analyst

Competitive Enterprise Institute

Tom Schatz

President

Council for Citizens Against Government Waste

Colleen Holmes Holcomb

Vice President Government Relations

Eagle Forum

Mario H. Lopez

President

Hispanic Leadership Fund

Dr. Tim Kane

JP Conte Fellow in Immigration Studies

Hoover Institution, Stanford University

Pete Sepp

President

National Taxpayers Union

Horace Cooper

Co-Chairman

Project 21

Karen Kerrigan

President & CEO

Small Business & Entrepreneurship Council

David Williams

President

Taxpayers Protection Alliance

Andrew Langer

President

The Institute for Liberty

Dan Peterson

Director-Center For Property Rights

The James Madison Institute