[Congressional Record Volume 158, Number 144 (Tuesday, November 13, 2012)]
[House]
[Pages H6334-H6335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STREAMLINING CLAIMS PROCESSING FOR FEDERAL CONTRACTOR EMPLOYEES ACT
Mr. WALBERG. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6371) to amend title 40, United States Code, to transfer
certain functions from the General Accountability Office to the
Department of Labor relating to the processing of claims for the
payment of workers who were not paid appropriate wages under certain
provisions of such title.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6371
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 ``Streamlining Claims
Processing for Federal Contractor Employees Act''.
SEC. 2. TRANSFER OF ADMINISTRATIVE AUTHORITY TO THE
DEPARTMENT OF LABOR.
(a) Authority of Comptroller General To Pay Wages and List
Contractors Violating Contracts.--Section 3144 of title 40,
United States Code, is amended--
(1) in the section heading, by striking ``of Comptroller
General''; and
(2) in subsection (a)(1), by striking ``Comptroller
General'' and inserting ``Secretary of Labor''.
(b) Report of Violations and Withholding of Amounts for
Unpaid Contracts and Liquidated Damages.--Section 3703(b)(3)
of title 40, United States Code, is amended by striking
``Comptroller General'' both places it appears and inserting
``Secretary of Labor''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Walberg) and the gentleman from Virginia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
{time} 1740
General Leave
Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on H.R. 6371.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume.
[[Page H6335]]
The bill before us will take a small yet important step toward
greater efficiency in Federal construction contracting. For more than
80 years, Federal contractors have been required to pay workers the
locally prevailing wage. Additionally, since 1961, those same workers
have been entitled to one and a half times their basic rate of pay for
every hour worked that exceeds 40 hours per week.
While the Department of Labor is obligated to enforce these laws, the
Government Accountability Office has long been responsible for
processing claims of workers being denied their appropriate wages. If a
Labor Department investigation determines a contractor has not been
paid the appropriate wage, the names of affected employees are sent to
the GAO by the department. The GAO then ensures underpaid workers
receive the compensation they are due. The GAO's responsibility in this
process is purely administrative. The GAO makes no determination on the
merit of each claim nor does it have the authority to question the
judgment of the Labor Department. In fact, the GAO doesn't even
directly deliver to workers their lost wages. Instead, that
responsibility is vested with the Department of Treasury.
While claims processing was once routine business for the GAO, this
authority has increasingly transitioned to the executive agencies
charged with enforcing the law, such as the Department of Defense
involving matters of military pay. Additionally, personnel changes
within the GAO are making it more difficult for the agency to meet this
responsibility. Key staff members have retired and more are expected to
do so at any time. The GAO should not have to undertake this
administrative burden any longer.
H.R. 6371 will transfer this payment authority from the GAO to the
Department of Labor, thereby reducing unnecessary bureaucracy and
ensuring workers receive their compensation in a timely manner. By
reforming the claims process, we can remove redundancies and promote
greater efficiency within the Federal Government. I urge my colleagues
to support the Streamlining Claims Processing for Federal Contractor
Employees Act.
Before I conclude, I would like to take a moment to recognize a
distinguished colleague who will soon be enjoying a well-deserved
retirement. I wish she were with us this evening, but travel
arrangements don't always work out as planned. Since 1993,
Representative Lynn Woolsey has proudly represented the people of
California's Sixth Congressional District. Her personal story has
informed her work in public office, as well as inspired many of her
colleagues on Capitol Hill, myself included.
I have had the opportunity over the last 2 years to work closely with
Representative Woolsey on the Subcommittee on Workforce Protections and
witness firsthand her passion for public service. While we may differ
on a range of issues, no one can question her strong commitment to
working families. I wish Representative Woolsey and her family all the
best in the years ahead, and may they be long and filled with good
health.
I reserve the balance of my time.
Mr. SCOTT of Virginia. I yield myself such time as I may consume.
First, Mr. Speaker, I would like to associate myself with the kind
remarks about the gentlelady from California. She has had an excellent
career in Congress, and has elected not to return. We will certainly
miss her and her advocacy for those most in need.
Mr. Speaker, I rise in support of the pending legislation. H.R. 6371,
the Streamlining Claims Processing for Federal Contractor Employees
Act, will transfer certain responsibilities for overseeing and
administering the Davis-Bacon Act from the Government Accountability
Office to the Department of Labor.
Mr. Speaker, I agree with the gentleman from Michigan that this is a
sensible and technical fix since the Department of Labor is responsible
for many aspects of enforcing prevailing wage law. This change will
allow for greater efficiency in the Davis-Bacon prevailing wage
protections and will help ensure that workers receive unpaid wages as
quickly as possible.
The gentleman from Michigan has pointed out that we should always
promote streamlined and efficient government. That's why I'm
particularly disappointed that this bill does not also transfer GAO's
debarment authority under the Davis-Bacon Act. Moving that additional
function would place more enforcement functions under one roof.
Mr. Speaker, I support Davis-Bacon because it provides protections to
contractors and subcontractors working on federally funded contracts.
The most obvious protection is that it requires all contractors and
subcontractors to pay the prevailing wage, denying unfair competition
to those contractors who underpay their employees. Davis-Bacon
protections prevent government spending from driving down living
standards. Improved productivity on projects with prevailing wage
application offsets higher wages. Furthermore, better-skilled workers
attracted by the higher wages are likely to complete the jobs more
efficiently and with higher-quality work. Studies have shown that
construction workers in prevailing wage States produce 13 to 15 percent
more value added from their work compared to workers in States without
prevailing wage laws.
Now I recognized that everyone does not agree with the underlying
principles of the Davis-Bacon Act. However, regardless of one's
position on the underlying law, we can all agree that the law ought to
be administered as efficiently as possible. That's why I rise in
support of H.R. 6371, and thank the gentleman from Michigan for
introducing the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. WALBERG. Mr. Speaker, I yield myself the balance of my time.
The American people expect us to do all we can to promote better
efficiency within the Federal Government. Washington allocates hundreds
of billions of dollars each year on construction projects, affecting
the lives of workers and employers across the country. We should never
allow unnecessary bureaucracy to squander taxpayer resources or stand
between workers and the wages they have earned. I urge my colleagues to
support H.R. 6371, the Streamlining Claims Processing for Federal
Contractor Employees Act.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Walberg) that the House suspend the rules
and pass the bill, H.R. 6371.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WALBERG. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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