S.Amdt. 539

SA 539. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) to
the bill H.R. 1268, Making emergency supplemental appropriations for
the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:

Beginning on page 58, strike line 10 and all that follows
through page 65, line 21, and insert the following:
``(3) Required wages.--
``(A) In general.--An employer applying for workers shall
offer to pay, and shall pay, all workers in the occupation
for which the employer has applied for workers, not less than
the prevailing wage.
``(B) Information from states.--In complying with
subparagraph (A), an employer may request and obtain a
prevailing wage determination from the State employment
security agency.
``(C) Information from surveys.--In lieu of the procedure
described in subparagraph (B), an employer may rely on other
wage information, including a survey of the prevailing wages
of workers in the occupation in the area of intended
employment that has been conducted or funded by the employer
or a group of employers, that meets criteria specified by the
Secretary of Labor in regulations.
``(D) Compliance.--An employer who obtains such prevailing
wage determination, or who relies on a qualifying survey of
prevailing wages, and who pays the wage determined to be
prevailing, shall be considered to have complied with the
requirement of subparagraph (A).
``(E) Minimum wages.--No worker shall be paid less than the
greater of the prevailing wage or the applicable State
minimum wage.
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