Professional Surveyor Magazine Files FOIA Request Over Davis-Bacon Act Changes

In an effort to determine how and why the U.S. Department of Labor developed and proposed changes to its Davis-Bacon Act, which if enacted would move survey technicians into the category of laborers and mechanics, Professional Surveyor Magazine (PSM) has filed a Freedom of Information Act request with the acting head of DOL.

Neil Sandler, editor and publisher of PSM, in a June 12 letter to acting secretary Seth D. Harris, requested that “a copy of all documents related to the application of the Davis-Bacon Act (40 U.S.C. 276a) to members of survey crews, including all documents related to All Agency Memorandum (AAM) 212, issued by the Wage and Hour Division on March 23, 2013.  This request includes documents, reports, studies, determinations, analysis, correspondence, meeting and telephone conversation notes, and all other relevant documents (electronic or paper) which directly or indirectly support or led to the Department of Labor and/or Wage and Hour Division’s decision to change its policy with regard to the application of the Davis-Bacon Act to members of survey crews and which are related to the issuance of All Agency Memorandum (AAM) 212.


This request includes, but is not limited to, all the following documents:
  • Those indicating any and all parties, individuals, organizations or other governmental agencies outside the Department of Labor with whom the Department of Labor consulted with, or corresponded with, in the matter of the application of the Davis-Bacon Act (40 U.S.C. 276a) to members of survey crews, including all documents related to All Agency Memorandum (AAM) 212;
  • Any and all legal research related to court cases, legislation, Comptroller General decisions, or any other ruling by any governmental (Legislative, Executive or Judicial) entity, agency or individual, relative to the application of the Davis-Bacon Act (40 U.S.C. 276a) to members of survey crews, including all documents related to All Agency Memorandum (AAM) 212;
  • All analysis of the compliance costs, economic impact, and other affects on private business generally and surveying firms in particular related to the application of the Davis-Bacon Act (40 U.S.C. 276a) to members of survey crews, including all documents related to All Agency Memorandum (AAM) 212, as well as costs and impacts on government agencies;
  • Actions by the Department of Labor related to analysis and application of, and compliance with, the Administrative Procedures Act (5 U.S.C. §§ 551-59, 701-06, 1305, 3105, 3344, 5372, 7521), the Regulatory Flexibility Act (5 U.S.C. §§ 601–612), and the Paperwork Reduction Act (44 U.S.C. § 3501-3521);
  • Studies and analysis by the Department of Labor on rates of pay, salaries, and other compensation for members of survey crews demonstrating the need to apply the Davis-Bacon Act (40 U.S.C. 276a) to members of survey crews, including all documents related to All Agency Memorandum (AAM) 212; and
  • Studies and analysis by the Department of Labor on complaints received regarding rates of pay, salaries, and other compensation for members of survey crews and the need to apply the Davis-Bacon Act (40 U.S.C. 276a) to members of survey crews, including all documents related to All Agency Memorandum (AAM) 212;
“I look forward to your reply within 20 business days, as the statute requires,” Sandler concluded.
» Back to Current Press Releases

» Submit your Press Release

Website design and hosting provided by 270net Technologies in Frederick, Maryland.