S.Amdt. 256

SA 256. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

On page 431, between lines 8 and 9, insert the following:

SEC. 160_. NONAPPLICABILITY OF CERTAIN LABOR REQUIREMENTS TO
SMALL BUSINESS GRANTS AND CONTRACTS.

(a) Role of Agency Issuing Grant or Contract.--
Notwithstanding any other provision of law, the head of any
entity that awards a grant or contract described in
subsection (c) shall ensure that the entity, and any
construction manager acting on behalf of the entity with
respect to such grant or contract, does not--
(1) require a bidder, offeror, recipient, contractor, or
subcontractor for a grant or contract described in subsection
(c) that is for less than $1,000,000 to comply with the
provisions of subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the Davis-Bacon Act) or
other Federal

[[Page S1575]]

or State law that similarly requires the payment of a
prevailing wage to various classes of employees with respect
to such grant or contract or other related construction
project (not including any minimum wage requirements under
applicable Federal or State law); or
(2) require such bidder, offeror, recipient, contractor, or
subcontractor to enter into, or adhere to, any agreement with
1 or more labor organizations, with respect to such grant or
contract or another related construction project.
(b) Nonapplicability of Labor Requirements.--
Notwithstanding any other provision of law, a recipient of a
grant or contract described in subsection (c) that is for
less than $1,000,000 shall not be subject to--
(1) the provisions of subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-
Bacon Act), or any other Federal or State law that similarly
requires the payment of a prevailing wage to various classes
of employees (not including any minimum wage requirements
under applicable Federal or State law) with respect to such
grant or contract or other related construction project; and
(2) any requirement under Federal or State law that the
recipient enter into or adhere to any agreement with 1 or
more labor organizations with respect to such grant or
contract or other related construction project.
(c) Applicable Grant or Contract.--A grant or contract
described in this subsection is a grant, subgrant, contract,
or subcontract that is funded from amounts appropriated under
this Act, or is for a project financed with the proceeds of a
bond described in section 1901.
______