[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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     reversed, vacated, or rescinded; or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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