Smith, Scott, Cummings Oppose NDAA Amendment to Reward Pervasive Violators of Employment, Non-Discrimination, and Safety Laws with New Government Contracts

Press Release

Ranking Members Adam Smith (WA-09), Robert C. "Bobby" Scott (VA-03), and Elijah Cummings (MD-07) of, respectively, the House Armed Services Committee, the House Education and the Workforce Committee, and the House Committee on Oversight and Government Reform issued the following statements today after learning about forthcoming efforts to ban implementation of the Fair Pay and Safe Workplaces Executive Order via an amendment in the Fiscal Year (FY) 2017 Defense Authorization Act.

The Fair Pay and Safe Workplaces Executive Order would require defense contractors who have committed violations of employment, safety, and minimum wage laws or serial discrimination based on race, gender, pregnancy, disability, or veterans status to disclose that they have done so to the government when applying for new contracts.

Ranking Member Adam Smith (D-WA) made the following statement:

"We should not be making it easier for companies that violate labor, safety, or gender and racial equity laws to acquire government contracts. It is common sense that when the Defense Department or Nuclear Security Administration is choosing who it will work with, it should have sufficient information about any violations to know what it is getting into. Our labor and nondiscrimination laws exist to uphold the rights of Americans, and we need to stand up for those rights instead of trying to hide evidence that they have been violated. I will oppose any efforts to include language overriding this executive order in this National Defense Authorization Act."

Ranking Member Bobby Scott (D-VA) made the following statement:

"We are deeply concerned about the proposed amendment to limit the application of the Fair Pay and Safe Workplace Executive Order as part of the FY 2017 Defense Authorization Act. This EO, when implemented, will improve the information available to contracting officers to identify companies that engage in repeated, willful or pervasive violations of employment, non-discrimination, labor, or workplace safety laws.

"Companies with a record of violating workplace laws will not be automatically barred from getting new federal contracts. Rather, the EO establishes a process by which companies can work with contracting agencies and the Department of Labor to come into compliance.

"This Executive Order helps level the playing field so that good contractors are not outbid by companies that cut corners on safety, fair pay, or compliance with non-discrimination laws. Contractors that consistently adhere to labor laws are more likely to have workplace practices that enhance productivity and increase the likelihood of timely, predictable, satisfactory delivery of goods and services. This is good for our national defense and taxpayers."

Ranking Member Elijah Cummings (D-MD) made the following statement:

"It is extremely troubling that House Republicans are trying to pass a measure that would have the effect of encouraging corporate misconduct. The President's Executive Order establishes a fair and consistent process to ensure that federal contractors pay their workers what they earn, maintain a safe working environment, and do not discriminate on the bases of race, gender, or disability. This is simple common sense, and it should be celebrated and enforced, not criticized and overturned."

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