Congressional Record, Extensions of Remarks, September 23, 2021 — Gladys Porter Zoo, Davis-Bacon Act (E1017)
Summary
Congressional Record, Extensions of Remarks, page E1017, September 23, 2021. The page closes a tribute to the Gladys Porter Zoo congratulating it on a 50-year milestone, then carries remarks, under a heading for fiscal year 2022, on an amendment about the Army Corps and the Davis-Bacon Act. The remarks say a Government Accountability Office report, mandated by an amendment to the 2020 NDAA, found inconsistencies in Corps compliance mechanisms and that the amendment instructs the Corps to comply with federal laws and regulations. Ferguson of Georgia then recognizes the visit of Prime Minister of India Narendra Modi to Washington for the Quad Summit.
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“Congressional Record, Extensions of Remarks, September 23, 2021 — Gladys Porter Zoo, Davis-Bacon Act (E1017).”
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September 23, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E1017
between the zoo staff and Mexican authorities needed training and expertise—a practice ‘‘various geographical areas in the U.S. and a
in the conservation efforts of the rare known as misclassification. mixture of volume and type of construction
Coahuilan box turtle and Atlantic Ridley sea There are two different types of contracts (e.g. military and civil projects)’’.
turtle led to recognition from both the United misclassification: craft misclassification and They interviewed Corps headquarters offi-
States and Mexican government. The zoo has independent contractor misclassification. Craft cials, DOL officials and four external groups
also contributed to preservation efforts of en- misclassification occurs when dishonest con- including two labor unions and two trade asso-
dangered and threatened species including, tractors misclassify high-skilled workers as ciations.
the Western lowland gorillas, Philippine croco- general laborers or lower wage classifications The GAO said that ‘‘monitoring, including
diles, and Rhino hornbills. Over the years, the in order to avoid paying the higher prevailing payroll reviews and on-site inspections, are
Gladys Porter Zoo has contributed funds to wage rate applicable to the high-skilled work key to ensuring that the Corps enforces con-
projects that specifically focus on animals in actually performed. Independent contractor tractor’s compliance with the Davis-Bacon
need of attention. These contributions include misclassification occurs when contractors Act’’.
funding to Dr. Edward Louis, Jr. in support of misclassify employees as independent con- But the report also described implementa-
his work with Galapagos tortoises, and the tractors to avoid paying prevailing wages tion inconsistencies across the various districts
International Iguana Foundation, which ac- thereby reducing labor costs and avoiding that can easily lead to gaps in compliance with
tively works to conserve iguanas and their state and federal taxes. Davis-Bacon.
habitats. These practices deny workers of their rights The GAO concluded that aspects of the re-
Madam Speaker, the Gladys Porter Zoo is a to critical benefits and protections, including views and on-site inspections ‘‘may not be suf-
cultural staple for the Rio Grande Valley, while prevailing wages, worker’s compensation and ficient.’’ They found that ‘‘Corps documents
also serving the world of wildlife preservation, unemployment insurance, and communities lack information’’ and said that ‘‘In the ab-
zoology, research, and education in countless suffer because misclassification results in sence of directions to consistently document
ways. For 50 years, the Gladys Porter Zoo lower tax revenues for federal, state, and local on-the-ground conditions, like the number of
has proven to be a world-class zoological and governments. employees on site’’ district officials ‘‘may not
botanical park through its exceptional work in Additionally, the end product is often com- be fully using on-site inspection to ensure con-
wildlife preservation, research, education, and promised by shoddy workmanship which can tractors’ compliance with the Act.’’
the community. I congratulate them on reach- lead to do-overs and substantial cost over- GAO’s final recommendations to Army
ing this 50-year milestone; and for their contin- runs. Corps were that Corps headquarters provide
ued efforts to support and educate the South Congress has passed laws to prevent such clarifying information on how to conduct pay-
Texas community on the need for conserva- problems and punish the offenders. The roll reviews and document on-site inspections
tion and preservation of our wildlife and plan- Davis-Bacon Act is critical in this effort as it to ensure the proper monitoring of the number
et. requires contractors working on certain feder- of workers and work performed.
ally funded construction projects to pay their In essence, the GAO found that the Army
f
workers a prevailing wage to ensure that our Corps needs to do a better job in complying
NATIONAL DEFENSE AUTHORIZA- federal projects are completed by skilled work- with and enforcing Davis-Bacon protections on
TION ACT FOR FISCAL YEAR 2022 ers who have been properly trained, classified Corps’ projects.
and paid according to their expertise and lo- My amendment instructs the Army Corps to
SPEECH OF
cality. The Act stands as a check and balance provide each of its districts with the guidance
HON. CHRISTOPHER H. SMITH designed to protect employees from low-wage, it needs to enforce Davis-Bacon. It also directs
low-bidding contractors who look to do the job the Corps to investigate worker complaints
OF NEW JERSEY
on the cheap hurting the workers and the cli- and third-party complaints within 30 days of fil-
IN THE HOUSE OF REPRESENTATIVES
ent, i.e. the federal taxpayer. ings and reaffirms transparency and disclosure
Wednesday, September 22, 2021 When it comes to domestic construction requirements for certified payroll reports.
Mr. SMITH of New Jersey. Mr. Speaker, my projects, the Army Corps of Engineers, pro- With better compliance and more trans-
amendment directs the Army Corps of Engi- cures more than most divisions of the Depart- parency, we will see better workmanship, and
neers to provide uniform guidance and to ment of Defense. According to the GAO, in a greater return for the taxpayer.
strengthen enforcement of laws that are al- 2019, the Corps obligated over $11 billion for f
ready on the books to ensure that federal con- domestic construction contracts. RECOGNIZING PRIME MINISTER OF
struction projects, particularly on our military Each federal agency is primarily responsible INDIA MODI’S VISIT TO THE
bases, are completed with the highest quality for enforcing the Davis-Bacon protections at UNITED STATES
workmanship. its construction worksites. The Army Corps
The Government Accountability Office has a lot of construction projects and federal
(GAO)—the federal government’s ‘‘watchdog’’ construction monies to properly oversee.
HON. A. DREW FERGUSON IV
OF GEORGIA
agency—recently completed an investigative Unfortunately, federal construction projects
IN THE HOUSE OF REPRESENTATIVES
report, mandated by an amendment I authored in my district, including Army Corps projects at
as part of the 2020 National Defense Author- Joint Base McGuire-Dix-Lakehurst—have fall- Thursday, September 23, 2021
ization Act (NDAA), that found inconsistencies en short in oversight and compliance and Mr. FERGUSON. Madam Speaker, I rise
with implementation of the Corps mechanisms have run into trouble with unqualified, subpar today to recognize one of our global partners,
for compliance with important worker protec- bidders who avoid hiring needed skilled work- Prime Minister of India Narendra Modi, who is
tion laws. Today’s amendment addresses ers. We have seen cases of sophisticated in Washington, D.C. this week for the Quad-
those problems and instructs the Corps’ to work—HVAC, plumbing and sheet metal— rilateral Security Dialogue, also known as the
fully comply with relevant federal laws and needing to be ripped up and redone after the Quad Summit, a strategic conversation be-
regulations for: building quality facilities—labs, irresponsible bidders failed to properly do the tween the United States, India, Japan, and
hangars, housing, and workspaces—for our work. Australia.
military men and women; providing an honest To examine this problem and find lasting so- America and India have a strong and valu-
wage for construction workers; and providing lutions, in 2019, Congress enacted my amend- able partnership, which has allowed both na-
the best investment for the taxpayer. ment to the 2020 NDAA directing the GAO to tions to flourish. Welcoming the wide range of
For years, we have witnessed unscrupulous study the contracting practices of the Corps collaborative activities undertaken to improve
contractors win construction bids for critical with a focus on how the Corps monitors and their citizens’ lives, we must work to revitalize
federal work, only to have those important enforces the Davis-Bacon Act. our existing alliance and find new areas for
projects mismanaged, understaffed, delayed, The GAO conducted its audit from May collaboration and mutual benefit.
SSpencer on DSK126QN23PROD with REMARKS
left unfinished, and in some cases, rebid— 2020 to March 2021 examining Corps guid- I was grateful to meet with the Consulate
then properly redone by high-skilled trades- ance, relevant documents about the Davis- General of India in Georgia Dr. Swati V.
men and women who should have gotten the Bacon Act, Department of Labor guidance and Kulkarni earlier this month, where I reaffirmed
job in the first place. other relevant laws and regulations. They con- my commitment to deepening our ties and ad-
There is wide-spread concern that irrespon- ducted ‘‘semistructured interviews’’ in four vancing practical cooperation between our two
sible contractors and subcontractors hire un- Army Corps district offices—Louisville, New countries in combatting COVID–19, partnering
qualified or underqualified workers and put Orleans, New York and Walla Walla—based on emerging technologies and cyberspace,
them in high-skill jobs for which they lack the on the district’s activities and representing and promoting a free and open Indo-Pacific.
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