[Congressional Record Volume 161, Number 116 (Thursday, July 23, 2015)]
[Senate]
[Pages S5549-S5550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2307. Mr. FLAKE (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill H.R. 22, to amend 
the Internal Revenue Code of 1986 to exempt employees with health 
coverage under TRICARE or the Veterans Administration from being taken 
into account for purposes of determining the employers to which the 
employer mandate applies under the Patient Protection and Affordable 
Care Act; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USE OF PROJECT LABOR AGREEMENTS IN CONSTRUCTION 
                   PROJECTS.

       (a) Civilian Contracts.--
       (1) In general.--Division C of subtitle I of title 41, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 4713. Prohibition on awarding of construction 
       contracts based on awardees entering into agreements with 
       labor organizations

       ``(a) In General.--The head of an executive agency may not 
     in any solicitation, bid specification, project agreement, or 
     other controlling document--
       ``(1) require or prohibit bidders, offerors, contractors, 
     or subcontractors to enter into or adhere to agreements with 
     one or more labor organizations; or
       ``(2) discriminate against or give preference to bidders, 
     offerors, contractors, or subcontractors based on their 
     entering or refusing to enter into such an agreement.
       ``(b) Rule of Construction.--Nothing in this section 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.).''.
       (2) Clerical amendment.--The table of sections for division 
     C of subtitle I of title 41, United States Code, is amended 
     by inserting after the item relating to section 4712 the 
     following new item:

``4713. Prohibition on awarding of construction contracts based on 
              awardees entering into agreements with labor 
              organizations.''.
       (b) Defense Contracts.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2338. Prohibition on awarding of construction 
       contracts based on awardees entering into agreements with 
       labor organizations

       ``(a) In General.--The head of an agency may not in any 
     solicitation, bid specification, project agreement, or other 
     controlling document--
       ``(1) require or prohibit bidders, offerors, contractors, 
     or subcontractors to enter into or adhere to agreements with 
     one or more labor organizations; or
       ``(2) discriminate against or give preference to bidders, 
     offerors, contractors, or subcontractors based on their 
     entering or refusing to enter into such an agreement.
       ``(b) Rule of Construction.--Nothing in this section 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.).''.

[[Page S5550]]

       (2) Clerical amendment.--The table of sections for chapter 
     137 of title 10, United States Code, is amended by inserting 
     after the item relating to section 2337 the following new 
     item:

``2338. Prohibition on awarding of construction contracts based on 
              awardees entering into agreements with labor 
              organizations.''.
       (c) Application of Amendments.--The amendments made by 
     subsections (a) and (b) shall not apply to construction 
     contracts awarded before the date of the enactment of this 
     Act.
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