[Congressional Record Volume 142, Number 72 (Tuesday, May 21, 1996)]
[House]
[Pages H5376-H5378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2200

  As I said before, the repeal effort has not been successful in a 
direct onslaught, so now we are faced with more guerrilla warfare. The 
Admiral Yamamoto surprise attack, the Pearl Harbor attack on workers in 
America which is across the border, Davis-Bacon is just one of the 
targets. Davis-Bacon is the target they went at in the first half of 
the 104th Congress.
  They have failed. They have not succeeded in achieving a single one 
of their war objectives in fighting workers and worker protection. They 
have failed.
  In the process of failing, however, they have decided not to give up 
the fight. They have not been defeated yet. We have premature judgments 
on the fact that things have changed. They might not yet have been 
defeated. They will regroup. They have regrouped. We are facing a 
situation now with guerrilla warfare.
  There was an item that appeared in the Roll Call Monday, May 20, an 
advertisement which says at the top: ``Is Davis-Bacon Racist? Some 
Members of Congress and their special interest allies are peddling the 
argument that Davis-Bacon is racist and harmful to minorities. But the 
following groups, representing millions of Americans throughout the 
Nation, strongly support the act.''
  Mr. Speaker, I will not read the advertisement totally, but I include 
this item, ``Is Davis-Bacon Racist?'' which appeared in Roll Call on 
Monday, May 20th in its entirety.
  Mr. Speaker, I also include the letter from President Ronald Reagan 
to Mr. Robert Georgine on September 29, 1981, in its entirety.
  Finally, Mr. Speaker, I include a document which is addressed to all 
Members of Congress from the National Alliance for Fair Contracting, in 
its entirely.
  In this document, it states and points out the fact that in nine 
States that have repealed the prevailing wage statutes, minority 
representation and participation in skilled training programs has 
fallen almost 50 percent. In the States that had prevailing wage 
statutes for the State, when they repealed them, the minority 
representation in training programs went down. Now it has fallen almost 
50 percent in the nine States that repealed the prevailing wage 
statutes.
  In States without prevailing wage laws, the ratio of black to white 
construction employment is highest, contrary to the claims by the anti-
Davis-Bacon organizations.
  According to the Department of Labor, in 1981 the percentage of 
minorities in high skill pay categories employed by contractors working 
on federally funded Davis-Bacon projects was greater than the 
percentage of minorities employed by non-Federal, non-Davis-Bacon 
project contractors.
  Furthermore, the U.S. Department of Labor's Bureau of Apprenticeship 
and Training has reported that minority participation, both in terms of 
percentages and absolute numbers, is substantially higher in 
management-union training programs than in nonunion so-called training 
programs.
  In light of these facts, the statement from the National Alliance for 
Fair Contracting asks: How can anyone ever again believe anything that 
is said by the Davis-Bacon opponents?
  Certainly we conclude that the charge that Davis-Bacon is racist is a 
fabricated charge which has no substantiation. In the future, we will 
also go on to prove that other charges made against Davis-Bacon are 
also untrue.
  We will talk at a later date about the fact that Davis-Bacon wages in 
many States are almost at the level of minimum wage wages. We will talk 
about the fact that Davis-Bacon wages in many States are poverty wages. 
They are at the minimum wage stage and they keep people in poverty.

  But that is not an objective of Davis-Bacon. They are neutral on the 
question of poverty, on the question of unions. Davis-Bacon is driven 
by the prevailing wage of the given area.
  So we know now that the Pearl Harbor type attack that the Republican 
majority has waged against working people and against organized labor 
has failed.
  I want to end by warning all of those who think that we can 
optimistically conclude that the attack is over, that workers of 
America are safe, that they can rest easy, their overtime will not be 
taken away from them, that their right to organize will not be taken 
away from them by the TEAM Act, that the National Labor Relations Board 
that governs all the national labor relations regulations will not be 
crippled by the fact that its funding is taken away, anybody who thinks 
that all of this is a danger that has now passed, I hope you are now 
awakened to the danger.
  We are not facing the Pearl Harbor type onslaught of Yamamoto 
anymore. It is guerrilla warfare. The guerrilla warfare is even more 
dangerous, and we must keep our heads straight and keep our common 
sense focused on the real problem.
  The problem is that we have a Republican majority that for some 
reason that they did not tell us, for some reason they have declared 
war on the workers of America, and we would like to see them surrender. 
We would like to see them give up that war and let us together again 
try to strive to improve the working conditions of all Americans and 
share the great prosperity of this Nation.

                         Is Davis-Bacon Racist?

       Some Members of Congress and their special interest allies 
     are peddling the argument that Davis-Bacon is racist and 
     harmful to minorities. But the following groups, representing 
     millions of Americans throughout the nation, strongly support 
     the ACT:
       In fact, the NAACP has passed a resolution stating, 
     ``Whereas the Davis-Bacon Act protects the wages of all 
     construction workers, including minorities and women, who are 
     particularly vulnerable to exploitation . . . Be it resolved 
     that the NAACP goes on

[[Page H5377]]

     record against any effort to repeal the Davis-Bacon Act and 
     deny workers in the construction industry a fair wage.''
       Why would Davis-Bacon's opponents use race as an argument 
     when, according to the Labor Department, more minorities work 
     on Davis-Bacon projects than are employed on all non-Davis-
     Bacon projects across the country?
       And why would they resort to such ugly accusations when the 
     fact is the GAO says the proportion of minorities in 
     apprenticeship programs in the U.S. has increased to more 
     than 24% of all apprentices?
       Are they unaware of the fact that minority participation in 
     management-labor training programs is more than double that 
     in non-union programs, and that 95% of all minority graduates 
     of apprenticeship programs come up that way?
       Evidently, there's no limit to the misinformation Davis-
     Bacon's opponent's are willing to spread, no argument too 
     base or vulgar for them to use for purely political motives.
       More than 21,000 contractors--the real voice of the 
     construction industry--urge support of Davis-Bacon reform: 
     H.R. 2472 and S. 1183. We represent a diverse, non partisan 
     association of businessmen and women from every corner of the 
     United States. We welcome an honest debate, based on facts. 
     Racism? Check the source.
                                                                    ____



                                              The White House,

                                   Washington, September 29, 1981.
       Dear Bob: I want to acknowledge the Building and 
     Construction Trades Department letter of September 11 
     concerning efforts to repeal the Davis-Bacon Act. I have 
     asked the Secretary of Labor to respond directly, but I want 
     to assure you and your General Presidents that I will 
     continue to support my campaign pledge to not seek repeal of 
     the Act.
       With best wishes.
           Very sincerely,
     Ronald Reagan.
                                                                    ____


Davis-Bacon Benefits Minority Job Opportunities and Is Supported by All 
                     Leading Minority Organizations

       Don't be misled by one of the most scurrilous, patronizing 
     and knowingly untrue claims against the Davis-Bacon Act. 
     Claiming the Act discriminates against minorities is a 
     blatant attempt to divert attention away from the real issue. 
     To quickly dispel this discrimination lie, all you need to do 
     is look at the many minority organizations that support the 
     Act.
       In fact, past and present history demonstrates that Davis-
     Bacon benefits minority workers by seeking to ensure the 
     equal and fair treatment of all employees and that, 
     regardless of race, each worker will be paid at least the 
     locally prevailing wage. According to Former Secretary of 
     Labor Ray Marshall, the ``workers most often victimized by 
     unscrupulous contracts are minority workers. . .''
       The National Alliance for Fair Contracting and its 21,000 
     contractors is proud to join the nation's leading minority 
     organizations in urging your support for the Davis-Bacon Act. 
     While the record documenting that Davis-Bacon plays a major 
     role in bringing minorities into the middle class is 
     overwhelming, we ask that you also consider the following 
     facts:
       In the nine states that have repealed their prevailing wage 
     statutes, minority participation in skilled training programs 
     fell almost 50 percent.
       In states without prevailing wage laws, the ratio of black 
     to white construction unemployment is highest, contrary to 
     claims made by anti-Davis-Bacon organizations.
       According to the Department of Labor, in 1991 the 
     percentage of minorities in high-skill pay categories 
     employed by contractors working on federally-funded Davis-
     Bacon projects was Greater than the percentage of minorities 
     employed by non-federal, non-Davis-Bacon project contractors.
       The US Department of Labor's Bureau of Apprenticeship and 
     Training (BAT) has reported that minority participation, both 
     in terms of percentages and absolute numbers, is 
     substantially higher in management-union training programs 
     than in non-union ``so called'' training programs.
       In light of these facts, how can anyone ever again believe 
     anything that is said by Davis-Bacon opponents?
                                                                    ____


 Statement of Hon. Major R. Owens, ``Is Davis-Bacon Racist?''--May 21, 
                                  1996

       Thank you, Mr. Chairman for the opportunity to submit this 
     statement for the record. The Republicans often ask the 
     patronizing question, is The Davis-Bacon Act racist? The 
     answer is a resounding and unequivocal NO! Don't be misled by 
     one of the most scurrilous, condescending and knowingly 
     untrue claims against the Davis-Bacon Act, Claiming the Act 
     discriminates against minorities is a blatant attempt to 
     divert attention away from the real issue. Why would Davis-
     Bacon critics use race as an argument when, according to the 
     Labor Department, more minorities work on Davis-Bacon 
     projects than are employed on all non-Davis-Bacon projects 
     across the country? Further, one need only look at a letter 
     from the Congressional Black Caucus dated December 13, 1995 
     to ABC's ``20/20'' supporting continuation of the Act. And if 
     that were not enough concrete evidence, almost every major 
     civil rights and related group representing minorities and 
     women supports the Davis-Bacon Act and prevailing wage 
     statues.
       In fact, past and present history demonstrates that Davis-
     Bacon benefits minority workers by seeking to ensure the 
     equal and fair treatment of all employees and that regardless 
     of race, each worker will be paid at least the locally 
     prevailing wage. And as Dr. John T. Dunlop, Former Secretary 
     of Labor under President Ford said, ``By protections flowing 
     from the Davis-Bacon Act in part, the loss of minorities has 
     been improved dramatically.''
       The Davis-Bacon Act requires that workers on federally-
     funded construction projects be paid the wages and benefits 
     that prevail in their communities. This requirement plays a 
     critical role in bringing minorities into the middle class. 
     Smaller minority contractors have also been found to benefit 
     from the Davis-Bacon Act. Smaller federal construction jobs, 
     because of the equality of bidding opportunity provided by 
     Davis-Bacon, serve as entry for small contractors into the 
     construction industry. The smaller minority contractor may 
     compete with large contractors because of the control on 
     wages. And, because of the greater concentration of minority 
     contractors in the ranks of these smaller contractors, the 
     entity of minority contractors into the construction industry 
     will be severely curtailed if the Davis-Bacon provisions are 
     lifted from smaller federal jobs.
       Even with the Davis-Bacon Act in place, exploitation of 
     minority workers goes on today by dishonest contractors. This 
     is an issue that the repeal zealots have refused to address. 
     As a matter of fact, their zeal borders on fanaticism. For 
     example, testimony submitted by a Department of Labor 
     official to the Senate Subcommittee on Labor contained a 
     vivid description of just how Davis-Bacon violations can have 
     a particularly harsh impact on minority workers:
       One Arkansas contractor was found owing $7,000 in back 
     wages to employees. Payrolls were falsified to show 
     compliance. . . the employees were all black and yet another 
     example of a group exploited by an unscrupulous employer.
       In another case, many forms of cheating employees were 
     used. The firm took the easy route of employing primarily 
     undocumented workers. These workers will not complain. They 
     represent an ideal workforce for those who would exploit 
     labor in government jobs. . . This subcontract was for the 
     fabrication, transportation, and installation of bridge 
     railing on a bridge across the Potomac River. The company 
     employed undocumented workers at rates of $10.00 per day plus 
     food and lodging for work days of 7 to 10 hours daily, 6 and 
     7 days a week. It should be noted that this contractor is 
     transporting many undocumented aliens from the South Texas 
     area where wage rates are lower, to the Washington, DC area 
     with prevailing higher rates.
       Violations continued to mount as corrupt and unethical 
     contractors come on the scene and old contractors take more 
     chances and become more inventive in their efforts to evade 
     the requirements of the Act. Outright falsification and 
     concealment is still found in many cases.
       Let me dispel another myth; that Davis-Bacon unnecessarily 
     increases the costs of public construction, that it is 
     difficult to administer and is obsolete. What Davis-Bacon 
     does is prevent unfair competition from low-wage ``fly-by-
     night'' contractors, provide essential protection for 
     workers, and encourage higher quality workmanship--and save 
     dollars on federal construction projects. Davis-Bacon has 
     been a stabilizing influence upon the construction industry 
     and has enjoyed strong bipartisan support.
       Even former President Ronald Reagan, the most revered of 
     all Republicans, is quoted as saying, ``I would not seek 
     repeal of the Davis-Bacon Act.'' Additionally, many 
     representatives of the African American community have 
     supported Davis-Bacon because of its role in protecting 
     minority workers. Normal Hill, President of the A. Philip 
     Randolph Institute has acknowledged the importance of Davis-
     Bacon ``in preventing exploitation of minority construction 
     workers.'' Moreover, leading organizations that represent 
     minorities and women support Davis-Bacon. The NAACP, the 
     National Women's Political Caucus, the Navajo Tribal Council, 
     the Mexican American Unity Council, and the National Alliance 
     for Fair Contracting, which represents more than 21,000 
     construction contractors, have expressly endorsed the Davis-
     Bacon Act.
       If the protections of the Davis-Bacon were removed, many 
     more minority workers would face exploitation. All 
     construction workers, including minority workers, would be 
     forced to accept lower wages and reduced or no benefits when 
     working on federal construction projects. To claim that 
     reducing the wages and benefits of minority workers is 
     somehow in their best interest is ludicrous, inane, and, 
     smacks of the worst sort of racism and paternalism.
       The misnomers that Davis-Bacon and union coverage are 
     equal, or that it hampers union apprenticeships, are nothing 
     more than transparent ploys of the conservative Republican 
     right. They ignore the simple facts that Davis-Bacon protects 
     ALL workers, regardless of their affiliation to organized 
     labor. Further, data from the Department of Labor's Bureau of 
     Apprenticeship and Training, shows that minority 
     participation in union apprenticeship programs is 
     consistently higher than minority participation in non-union 
     programs. The same data reveals that the drop-out rate of 
     minorities

[[Page H5378]]

     from apprenticeship programs is much lower in union programs 
     than it is in non-union programs.
       The protections provided by the Davis-Bacon Act to wages 
     and benefits are especially important to minority employees. 
     As former Secretary of Labor Ray Marshall has observed, ``the 
     workers most often victimized by unscrupulous contractors are 
     the minority workers, whether he or she is Black, Hispanic, a 
     native American or an undocumented worker. . . Davis-Bacon is 
     an integral part of ensuring a decent life for the 
     hardworking men and women in the construction industry.''

                          ____________________