S.Amdt. 727

SA 727. Mr. SANDERS submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 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. 823. 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reversed, vacated, or rescinded; or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.
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