[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3827 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3827

  To ensure that contractor employees on Army Corps projects are paid 
      prevailing wages as required by law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2023

 Mr. Smith of New Jersey (for himself and Mr. Norcross) introduced the 
 following bill; which was referred to the Committee on Transportation 
 and Infrastructure, and in addition to the Committee on Education and 
   the Workforce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To ensure that contractor employees on Army Corps projects are paid 
      prevailing wages as required by law, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Workers Act of 2023''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Davis-Bacon Act of 1931 (40 U.S.C. 3141 et seq.) 
        requires that contractors and subcontractors on certain 
        government projects pay construction workers locally prevailing 
        wages as determined by the Department of Labor.
            (2) Locally prevailing wages vary by job classification and 
        consist of a basic hourly rate of pay and benefits.
            (3) Generally, the Davis-Bacon Act applies to projects that 
        meet the following three criteria:
                    (A) There is a contract for construction in excess 
                of $2,000.
                    (B) The United States or the District of Columbia 
                is a party to the contract.
                    (C) The contract is for construction, alteration, 
                or repair of a public building or public work.
            (4) Under the Davis-Bacon Act, the Government may terminate 
        a contract if locally prevailing wages have not been paid to 
        employees working on the project.
            (5) For 90 years, the Davis-Bacon Act has helped ensure 
        quality craftsmanship on Federal projects, protected the 
        standard of living of skilled and trained blue-collar 
        construction workers, improved workplace safety by discouraging 
        ``fly-by-night'' contractors from bidding, incentivized 
        workforce training, and stimulated the economy.
            (6) The Wage and Hour Division of the Department of Labor 
        administers the Davis-Bacon Act by, among other things, 
        determining prevailing wage rates and prescribing regulations 
        and standards to be observed by contracting agencies.
            (7) Contracting agencies, such as the Corps of Engineers, 
        however, have the primary day-to-day responsibility for 
        enforcement of the Davis-Bacon Act and its labor standards 
        requirements pursuant to subparts 22.406 and 22.407 of the 
        Federal Acquisition Regulation and part 5 of title 29, Code of 
        Federal Regulations and Reorganization Plan No. 14 of 1950 (5 
        U.S.C. app.).
            (8) Some irresponsible contractors and subcontractors often 
        avoid their prevailing wage obligations by, among other things, 
        engaging in craft misclassification.
            (9) Craft misclassification refers to the practice in which 
        contractors misclassify high-skilled workers as general 
        laborers or other classifications in order to avoid paying the 
        higher prevailing wage rate applicable to the high-skilled work 
        actually performed.
            (10) As part of the National Defense Authorization Act for 
        Fiscal Year 2020 (Public Law 116-92), Congress directed the 
        Comptroller General of the United States to conduct a study on 
        the contracting practices of the Army Corps of Engineers.
            (11) The Government Accountability Office (GAO) published 
        their report on this study on March 10, 2021, with 
        recommendations to the Army Corps of Engineers to ensures 
        contractor employees are paid prevailing wages as required by 
        the Davis-Bacon Act.
            (12) In their report, GAO found that from Fiscal Years 2015 
        to 2019, there were five times as many subcontractors, compared 
        to prime contractors, found to be in violation of the Davis-
        Bacon Act. None were recommended to the Department of Labor for 
        debarment from receiving future contracts.
            (13) GAO found that the Army Corps of Engineers 
        Headquarters guidance to their 38 districts lacks sufficient 
        information to ensure consistent monitoring of contractors' 
        compliance with the Davis-Bacon Act from one Army Corps 
        district to the next.

SEC. 3. ENSURING THAT CONTRACTOR EMPLOYEES ON ARMY CORPS PROJECTS ARE 
              PAID PREVAILING WAGES AS REQUIRED BY LAW.

    The Assistant Secretary of the Army for Civil Works shall provide 
to each Army Corps district clarifying, uniform guidance with respect 
to prevailing wage requirements for contractors and subcontractors of 
the Army Corps that--
            (1) conforms with the Department of Labor's regulations, 
        policies, and guidance with respect to the proper 
        implementation and enforcement of subchapter IV of chapter 31 
        of title 40, United States Code (commonly known as the ``Davis-
        Bacon Act'') and other related Acts, including the proper 
        classification of all crafts by Federal construction 
        contractors and subcontractors;
            (2) directs Army Corps districts to investigate worker 
        complaints and third-party complaints within 30 days of the 
        date of filing; and
            (3) instructs Army Corps districts that certified payroll 
        reports submitted by contractors and subcontractors and the 
        information contained therein shall be publicly available and 
        are not exempt from disclosure under section 552(b) of title 5, 
        United States Code.
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