[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1194

To prohibit discrimination in contracting on federally funded projects 
    on the basis of certain labor policies of potential contractors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1999

Mr. Hutchinson (for himself, Mr. Lott, Mr. Nickles, Mr. Coverdell, Mr. 
  Helms, Mr. Ashcroft, Mr. Gramm, Mr. Kyl, Mr. Hagel, Mr. Inhofe, Mr. 
Frist, Mr. Bond, Mr. Thurmond, Mrs. Hutchison, Mr. McConnell, Mr. Enzi, 
  Mr. Warner, Mr. DeWine, Mr. Sessions, Mr. Cochran, Mr. Bunning, Mr. 
 Roberts, Mr. Gorton, Mr. Shelby, Mr. Thomas, and Mr. Mack) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To prohibit discrimination in contracting on federally funded projects 
    on the basis of certain labor policies of potential contractors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Competition Act of 1999''.

SEC. 2. PROHIBITION REGARDING CONSIDERATION OF CERTAIN LABOR RELATIONS 
              POLICIES OF OFFERORS ON FEDERALLY FUNDED CONTRACTS.

    Section 8(e) of the National Labor Relations Act (29 U.S.C. 158(e)) 
is amended by adding at the end the following: ``Notwithstanding any 
other provision of this Act, no person may be discriminated against 
when bidding on a prime contract, funded in whole or in part with funds 
provided by the Federal Government, where such discrimination is based 
in whole or in part on a requirement that such person enter into or 
adhere to a collective bargaining agreement or any similar agreement as 
a condition of performing work under the contract.''.

SEC. 3. CONSTRUCTION.

    The amendment made by section 2 shall not be construed--
            (1) to apply to subcontractors; or
            (2)(A) to prohibit a contractor from voluntarily entering 
        into a lawful agreement with a labor organization; or
            (B) to discourage contractors who have entered into such an 
        agreement from bidding on Federal contracts.

SEC. 4. APPLICATION.

    The amendment made by section 2 shall apply to contracts made 
directly with any agency of the Federal Government and to contracts 
made with any entity that is managing or operating a facility owned or 
controlled by the Federal Government on behalf of the Federal 
Government.
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