[Congressional Record Volume 159, Number 118 (Tuesday, September 10, 2013)]
[House]
[Pages H5449-H5450]
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. 2747) to amend title 40, United States Code, to transfer
certain functions from the Government 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. 2747
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 Connecticut (Mr.
Courtney) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 2747.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. WALBERG. Mr. Speaker, I rise today in strong support of H.R.
2747,
[[Page H5450]]
and I yield myself such time as I may consume.
With our Nation facing difficult challenges at home and abroad, it is
important we continue the work the American people sent us here to do.
That includes pursuing commonsense reforms that will make the Federal
Government more efficient and a better steward of taxpayer dollars. The
legislation we are considering today is a small, yet important, part of
that effort.
Approximately one out of every five workers is employed by a Federal
contractor. Drawing on the strength and expertise of the private sector
workforce to complete Federal projects has helped deliver better
results at a more competitive price for taxpayers.
A number of laws govern the wages workers on Federal projects
receive. For example, the Davis-Bacon Act requires Federal contractors
to pay workers the local prevailing wage. Additionally, the Contract
Work Hours and Safety Standards Act ensures these workers receive 1\1/
2\ times their basic rate of pay for hours worked in excess of 40 hours
a week. Both laws have played a central role in Federal contracting for
decades. However, both are plagued by inefficiencies. The Department is
responsible for enforcing these laws; yet the Government Accountability
Office has long been a middleman in an overly bureaucratic claims
process.
Here is how the current process works:
Mr. Speaker, the Department of Labor first determines whether workers
have failed to receive their proper wages, and it calculates the amount
of pay they are due. Next, the Department forwards to GAO a report that
states the names of underpaid employees and the amounts they are each
owed. Funds from the relevant contracting agencies are delivered to
GAO, which then deposits the money into an account at the Treasury
Department. Based upon claims forms submitted by affected workers, GAO
transmits payment requests to Treasury, which disburses directly to
workers their unpaid wages. It should be noted that GAO has no
authority to overturn or to even challenge the Department's judgment in
this area.
As a result of this lengthy back and forth between numerous Federal
entities, workers can experience delays in receiving their correct
wages, and taxpayers are forced to support an unnecessarily complex
process. I think we can all agree we can do better.
H.R. 2747 is commonsense and bipartisan legislation that would
transfer GAO's administrative duties under these two laws to the proper
Federal agency, which is the Department of Labor. GAO has requested
this relief and believes it will encourage more efficiency within the
Federal Government. Furthermore, it will free up time and resources at
GAO that can be better spent fulfilling its central mission of
investigating waste and abuse in the Federal Government.
By moving wage claims adjustments for federally contracted workers to
the Department of Labor, we can ensure workers receive their pay in a
timelier manner while providing greater efficiency. Quite simply, Mr.
Speaker, this legislation is a win for workers and for taxpayers.
I urge my colleagues to support H.R. 2747, and I reserve the balance
of my time.
Mr. COURTNEY. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of the pending legislation, H.R. 2747, the
Streamlining Claims Processing for Federal Contractor Employees Act,
which will transfer the authority for processing claims under the
Davis-Bacon Act from the Government Accountability Office to the
Department of Labor. As the Department of Labor is already responsible
for many aspects of Davis-Bacon, this change will help streamline the
process and ensure that workers receive their hard-earned pay in a
timelier and more efficient manner.
I would like to thank the gentleman from Michigan for introducing
this commonsense fix, which I am pleased to cosponsor. It is time that
we transfer this administrative responsibility to the agency that
enforces the law, and I hope that this bill will be the first step in a
larger effort to allow the Department of Labor to engage in further
enforcement actions under the Davis-Bacon Act, including the GAO's
current debarment authority.
As a strong supporter of Davis-Bacon and of the protections it
provides our contracted workers, I am pleased to see that this bill
will help streamline the process and allow our workers access to the
prevailing wages they have rightly earned. That's why I rise in support
of H.R. 2747, and I thank the gentleman from Michigan for introducing
the bill.
I urge my colleagues to support this commonsense proposal, and I
yield back the balance of my time.
Mr. WALBERG. Mr. Speaker, I have no further requests for time on this
issue, and I would be glad to close.
I want to thank the gentleman from Connecticut (Mr. Courtney) as
well, not only for his support of the legislation, but for his
leadership on this issue. As members of the House Subcommittee on
Workforce Protections, we are privileged to oversee a number of Federal
laws and agencies that directly affect the lives of workers and their
families--the basis for this country's greatness.
The Davis-Bacon Act is one law in particular that I believe is in
need of additional reform. Independent reports have highlighted
administrative challenges facing the law that result in workers being
shortchanged and taxpayers being overcharged on Federal construction
projects.
I know there are sharp differences over what, if any, Davis-Bacon
reform would look like, but I believe we've demonstrated today, Mr.
Speaker, how incremental, yet important, change can occur when we work
together in good faith on behalf of the American people. At the very
least, I hope we can continue to discuss these issues with one another,
thereby bringing us closer to the common ground that is necessary to
move this country forward.
I urge my colleagues to vote ``yes'' on H.R. 2747, and 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. 2747.
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 motion will be postponed.
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