H.R. 2122House116th Congress (2019-2021)In Committee

Protect Our Workers Act

Introduced April 8, 2019

AI-Generated Summary

Updated April 14, 2026 at 3:48 AM UTC

The Protect Our Workers Act directs the Comptroller General to study how the U.S. Army Corps of Engineers handles prevailing‑wage rules on federally funded construction projects. The focus is on compliance with the Davis‑Bacon Act and on preventing worker misclassification. The findings will be reported to Congress and could lead to changes in how the Corps enforces wage standards for construction workers.

Key Provisions

  • The GAO must conduct a study of the Corps’ contracting practices, specifically looking at its enforcement of Davis‑Bacon prevailing‑wage requirements.
  • The study must examine the Corps’ programs for detecting independent‑contractor and craft misclassification, site‑visit frequency, payroll monitoring, complaint handling, violator databases, penalties, and contractor licensing verification.
  • Within one year of enactment, the GAO must submit a report with results and any legislative or regulatory recommendations to the relevant House and Senate committees.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Water Resources and Environment.

April 9, 2019

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HouseIntro Referral

Introduced in House

April 8, 2019

HouseIntro Referral

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Education and Labor, 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.

April 8, 2019

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

April 9, 2019

Floor Debate

13 members

What members said about H.R. 2122 on the floor

1 Republican12 Democrats
John Shimkus
Rep. John ShimkusR-IL-15 · May 2, 2019

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on the bill, H.R. 9. Mr. Chairman, I rise in…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · May 2, 2019

Mr. Speaker, I thank the gentleman for yielding, and I commend him for his leadership. This issue of infrastructure resiliency is so important. We are now discussing doing major infrastructure…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-16 · May 2, 2019

Mr. Chair, I thank the gentleman for yielding. On behalf of both the Foreign Affairs Committee and the Energy and Commerce Committee, we support this amendment. It is a good amendment. I also thank…

Jason Crow
Rep. Jason CrowD-CO-6 · May 2, 2019

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise today to highlight the continuing work at the Department of Defense to…

Andy Kim
Rep. Andy KimD-NJ-3 · May 2, 2019

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chair, I rise to offer my amendment to H.R. 9. My amendment is straightforward. This bill…

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TJ Cox
Rep. TJ CoxD-CA-21 · May 2, 2019

Mr. Chairman, I am honored to be here today to introduce my amendment to H.R. 9, the Climate Action Now Act. My amendment takes into consideration the various populations, regions, industries and…

Ayanna Pressley
Rep. Ayanna PressleyD-MA-7 · May 2, 2019

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise to offer an amendment to H.R. 9, the Climate Action Now Act. My amendment is a commonsense amendment that reaffirms the interconnection…

Mike Levin
Rep. Mike LevinD-CA-49 · May 2, 2019

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise today to mark a monumental occasion for this body and offer an amendment to H.R. 9, the Climate Action Now Act. After years of denial,…

Kim Schrier
Rep. Kim SchrierD-WA-8 · May 2, 2019

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. My amendment would support farmers and ranchers who employ agricultural practices that help us…

Joe Neguse
Rep. Joe NeguseD-CO-2 · May 2, 2019

Mr. Chairman, I rise to offer an amendment. It is at the desk. Mr. Chairman, I am offering an amendment today to provide a pathway for the curriculum in our elementary and secondary schools to…

Lizzie Fletcher
Rep. Lizzie FletcherD-TX-7 · May 2, 2019

Mr. Chair, I have an amendment at the desk, and I ask for its consideration. Mr. Chair, I yield myself 4 minutes, and I rise in support of my amendment. Innovation drives the energy industry, and it…

Jefferson Van Drew
Rep. Jefferson Van DrewD-NJ-2 · May 2, 2019

Mr. Chair, I have an amendment at the desk. Mr. Chair, my amendment would add to the findings of the importance of averting, minimizing, and addressing loss and damage associated with the adverse…

Dean Phillips
Rep. Dean PhillipsD-MN-3 · May 2, 2019

Mr. Chair, I thank Mr. Levin for yielding. Mr. Chair, I rise in support of Representative Levin's amendment and H.R. 9, the Climate Action Now Act. I know when you think of Minnesota, the first thing…

Bill Text

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Introduced in HouseIssued April 8, 2019

I

116th CONGRESS

1st Session

H. R. 2122

IN THE HOUSE OF REPRESENTATIVES

April 8, 2019

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 Labor, 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 require the Comptroller General of the United States to carry out a study on the contracting practices of the Corps of Engineers, with a specific focus on how the Corps complies with and enforces the requirement to pay prevailing wages on federally financed construction jobs.

1.

Short title

This Act may be cited as the Protect Our Workers Act.

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 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; and

(C)

the contract is for construction, alteration, or repair.

(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 close to 90 years, this law 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 low-road contractors from bidding, 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. See, e.g., subparts 22.406 and 22.407 of the Federal Acquisition Regulation.

(8)

Some irresponsible contractors and subcontractors often avoid their prevailing wage obligations by, among other things, engaging in craft and independent contractor 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)

Independent contractor misclassification refers to the practice in which contractors misclassify employees as independent contractors to avoid paying prevailing wages, reduce labor costs, and avoid State and Federal taxes.

(11)

This practice denies workers access to federally prescribed prevailing wages for the work done and related benefits. Communities also suffer because misclassification results in lower tax revenues for Federal, State, and local governments.

(12)

In 2000, the Department of Labor commissioned a study to determine the extent of misclassification, and found that up to 30 percent of audited firms had employees misclassified as independent contractors.

(13)

In light of the intended Federal investment for military construction projects for fiscal year 2020, it is appropriate to investigate the compliance of the Corps of Engineers with the requirements of the Davis-Bacon Act.

3.

GAO study

(a)

Study required

The Comptroller General of the United States shall conduct a study on the contracting practices of the Corps of Engineers, with a specific focus on how the Corps of Engineers complies with and enforces the requirement to pay prevailing wages on federally financed construction jobs, as required by subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). The study shall consider the following:

(1)

Any programs or protocols the Corps of Engineers has in place for the purpose of carrying out its Davis-Bacon Act enforcement obligations as set forth in the Federal Acquisition Regulation.

(2)

Any programs or protocols the Corps of Engineers has in place for the purpose of identifying and addressing independent contractor misclassification on projects subject to the Davis-Bacon Act.

(3)

The frequency with which the Corps of Engineers conducts site visits on each covered project to monitor Davis-Bacon Act compliance.

(4)

The frequency with which the Corps of Engineers monitors certified payroll reports submitted by contractors and subcontractors on each covered project.

(5)

Whether the Corps of Engineers accepts and investigates complaints of Davis-Bacon Act violations submitted by third parties, such as contractors and workers’ rights organizations.

(6)

Whether the Corps of Engineers maintains a database listing all contractors and subcontractors who have, in one way or another, violated the Davis-Bacon Act and whether the Corps consults this database as part of its contract award process.

(7)

The frequency, over the last five years, with which the Corps of Engineers penalized, disqualified, terminated, or moved for debarment of a contractor for Davis-Bacon violations.

(8)

How the Corps of Engineers verifies that the contractors it hires for its projects are properly licensed.

(b)

Report to Congress

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and Labor, the Committee on Armed Services, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate a report that summarizes the results of the study required under subsection (a), together with any recommendations for legislative or regulatory action that would improve the efforts of enforcing the requirement to pay prevailing wages on federally financed construction jobs.