[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Page S3206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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