[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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