S.Amdt. 6157

SA 6157. Mr. SANDERS submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 B of title VIII, add the following:

SEC. 829. PROHIBITION ON CONTRACTING WITH EMPLOYERS THAT VIOLATED THE NATIONAL LABOR RELATIONS ACT.

(a) Prohibition.--Except as provided in subsection (b), the Secretary of Defense may not enter into a contract with an employer if the National Labor Relations Board has made a finding that the employer has violated section 8(a) of the National Labor Relations Act (29 U.S.C. 158), including a regulation promulgated under such section, by committing an unfair labor practice under such section during the three-year period preceding the proposed date of award of the contract.

(b) Exceptions.--The Secretary of Defense may enter into a contract with an employer described in subsection (a) if--

(1) a finding described in such subsection with respect to the employer is through an order or judgment that has been reversed, vacated, or rescinded; or

(2) each labor organization representing employees of such employer who are affected by the finding described in such subsection for the purposes of collective bargaining certifies to the Secretary that the employer--

(A) is in compliance with any relevant collective bargaining agreements on the date on which such contract is awarded; or

(B) has bargained in good faith to reach collective bargaining agreements.

(c) Definitions.--In this section, the terms “employer”, “employee”, and “labor organization” have the meanings given such terms, respectively, in section 2 of the National Labor Relations Act (29 U.S.C. 152).

(d) Applicability.--This section and the requirements of this section shall apply to a contract entered into on or after October 1, 2023.