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[Journal of the House of Representatives, 1995]
[Wednesday, June 14, 1995 (79), Para 79.20 Recorded Vote]
[Pages 912-913]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.79.20  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. KOLBE:

       At the end of title X (page 377, after line 19), insert the 
     following new section:

     SEC. 1033. USE OF INMATE LABOR AT MILITARY INSTALLATIONS.

       (a) Use of Inmate Labor Authorized.--(1) Chapter 155 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 2610. State and local correctional institutions: use 
       of inmate labor

       ``(a) Use of Inmate Labor.--The Secretary of a military 
     department may enter into an agreement with a State or local 
     government under which nonviolent offenders incarcerated in a 
     correctional facility under the jurisdiction of that 
     government may be made available to the Secretary to perform 
     the services described in subsection (c) at a military 
     installation under the jurisdiction of the Secretary.
       ``(b) Expenses.--(1) Except as provide in paragraph (2), in 
     order to enter into an agreement pursuant to subsection (a), 
     a State or local government shall agree to provide inmates to 
     the Secretary of the military department concerned without 
     charge to the Federal Government. The Secretary shall not 
     provide compensation to an inmate who performs services 
     pursuant to the agreement.
       ``(2) The Secretary may agree to reimburse the State or 
     local government for administrative and other costs incurred 
     by the government as a direct result of providing and 
     overseeing inmate labor at a military installation. The 
     Secretary may pay a nominal fee to support alcohol and drug 
     abuse treatment programs for the inmates who perform services 
     under the agreement. The Secretary may also furnish 
     equipment, supplies, and other materials to be used by the 
     inmates in performing services under the agreement and 
     provide meals to the inmates while they are present at the 
     installation.
       ``(c) Authorized Services.--Subject to subsection (d), 
     inmates provided to a military installation pursuant to an 
     agreement under subsection (a) may be used to perform the 
     following services:
       ``(1) Construction, maintenance, or repair of roads at the 
     installation.
       ``(2) Clearing, maintaining, or reforesting of public 
     lands.
       ``(3) Construction of levees or other flood prevention 
     structures.
       ``(4) Custodial services.
       ``(5) Construction, maintenance, or repair of any other 
     public ways or works.
       ``(d) Conditions on Acceptance of Services.--The Secretary 
     of the military department concerned shall ensure that the 
     use of inmate labor at a military installation under this 
     section does not--
       ``(1) displace Government employees or defense contractor 
     employees at the installation;
       ``(2) impair a contract for the provision of services at 
     the installation; or
       ``(3) involve the performance of services in skills, 
     crafts, or trades in which there is a surplus of available 
     gainful labor in the locality of the installation.
       ``(e) Acceptance of Services.--Notwithstanding section 1342 
     of title 31, United States Code, the Secretary may accept the 
     services provided by inmates made available to a military 
     installation pursuant to an agreement entered into under 
     subsection (a).
       ``(f) Application of Other Laws.--The Fair Labor Standards 
     Act of 1938 (29 U.S.C. 201 et seq.), section 1 of the Act of 
     March 3, 1931 (Chapter 411; 40 U.S.C. 276a; commonly

[[Page 913]]

     known as the Davis-Bacon Act), section 1 of the Act of June 
     30, 1936 (Chapter 881; 41 U.S.C. 35; commonly known as the 
     Walsh-Healey Act), and section 2 of the Service Contract Act 
     of 1965 (41 U.S.C. 351) shall not apply with respect to the 
     use of inmate labor at a military installation pursuant to an 
     agreement entered into under subsection (a).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2610. State and local correctional institutions: use of inmate 
              labor.''.

       (b) Effective Date.--Section 2610 of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 1995.

It was decided in the

Yeas

214

negative

Nays

214
```