S.Amdt. 4184

SA 4184. Mr. FLAKE submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XXVIII, add the
following:

SEC. 2804. USE OF PROJECT LABOR AGREEMENTS IN MILITARY
CONSTRUCTION PROJECTS AND MILITARY FAMILY
HOUSING PROJECTS.

(a) Requirements.--Section 2852 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) The Secretary of Defense and the Secretaries of
the military departments awarding a construction contract on
behalf of the Government, in any solicitations, bid
specifications, project agreements, or other controlling
documents, shall not--
``(A) require or prohibit bidders, offerors, contractors,
or subcontractors to enter into or adhere to agreements with
one or more labor organizations; and
``(B) discriminate against or give preference to bidders,
offerors, contractors, or subcontractors based on their
entering or refusing to enter into such an agreement.
``(2) Nothing in this subsection shall prohibit a
contractor or subcontractor from voluntarily entering into
such an agreement, as is protected by the National Labor
Relations Act (29 U.S.C. 151 et seq.).''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall not apply to construction contracts
awarded before the date of the enactment of this Act.
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