Title: Workers' Freedom to Negotiate Act of 2018
Policy area: Labor and Employment

Summary:
Workers' Freedom to Negotiate Act of 2018
This bill amends the National Labor Relations Act (NRLA) and related labor laws to extend protections to union workers. Specifically, it:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6080 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6080

    To amend the National Labor Relations Act, the Labor Management 
Relations Act, 1947, the Labor-Management Reporting and Disclosure Act, 
                     1959, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2018

    Mr. Scott of Virginia (for himself, Mr. Sablan, Mr. Takano, Mr. 
Espaillat, Ms. Bonamici, Ms. Wilson of Florida, Mr. Pocan, Ms. DeLauro, 
 Mr. Brendan F. Boyle of Pennsylvania, Mr. Garamendi, Mr. DeSaulnier, 
Ms. Judy Chu of California, Ms. Schakowsky, Ms. Norton, Mr. Cicilline, 
Mr. Khanna, Mr. Brady of Pennsylvania, Mr. Norcross, Ms. Roybal-Allard, 
   Mr. Cummings, Mrs. Watson Coleman, Mrs. Davis of California, Mrs. 
Napolitano, Mr. Nadler, Mr. Pallone, Ms. Sanchez, Ms. Shea-Porter, Mr. 
  Michael F. Doyle of Pennsylvania, Mr. Lowenthal, Ms. Hanabusa, Mr. 
    Ellison, Mr. Al Green of Texas, Mrs. Dingell, Mr. Lamb, and Mr. 
  Courtney) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
   Committee on Oversight and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the National Labor Relations Act, the Labor Management 
Relations Act, 1947, the Labor-Management Reporting and Disclosure Act, 
                     1959, and for other purposes.

    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 ``Workers' Freedom to Negotiate Act of 
2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The National Labor Relations Act (29 U.S.C. 151 et 
        seq.) was enacted to encourage the practice of collective 
        bargaining and to protect the exercise by workers of full 
        freedom of association in the workplace. Since its enactment in 
        1935, tens of millions of workers have bargained with their 
        employers over wages, benefits, and other terms and conditions 
        of employment and have raised the standard of living for all 
        workers.
            (2) According to the Bureau of Labor Statistics, union 
        members earn 25.6 percent more than workers who are not covered 
        by a collective bargaining agreement. Workers who are 
        represented by a union are 28 percent more likely to be offered 
        health insurance through work and nearly 5 times more likely to 
        have defined benefit pensions. The wage differential is 
        significant for women and people of color. African-American 
        union members earn 25 percent more than African-American 
        workers who are not covered by a collective bargaining 
        agreement, and Latino union members earn 42.6 percent more than 
        Latino workers who are not covered by a collective bargaining 
        agreement. Women union members earn 30 percent more than women 
        who are not covered by a collective bargaining agreement, and 
        the wage gap between men and women is much smaller at 
        workplaces covered by a collective bargaining agreement because 
        collective bargaining agreements ensure the same rate is paid 
        to workers for a particular job without regard to gender. The 
        wage and benefit gains achieved through collective bargaining 
        agreements benefit both workers and their communities.
            (3) Unions and collective bargaining ensure that 
        productivity gains are shared by working people. The decline in 
        the percentage of workers covered by collective bargaining has 
        contributed to skyrocketing income inequality and wage 
        stagnation for the average worker.
            (4) The National Labor Relations Act protects the right of 
        workers to join together with their coworkers in concerted 
        activities for their mutual aid or protection. This protection 
        applies broadly to all concerted activities by workers aimed at 
        improving the terms and conditions of their employment or 
        aiding each other in any way, regardless of whether workers are 
        seeking to form a union or engage in collective bargaining with 
        their employer.
            (5) The Act protects the right of workers to discuss issues 
        like pay and benefits without retaliation or interference by 
        employers. However, the awareness of workers regarding their 
        rights under the Act is lacking, due in part to the absence of 
        any legally required notice informing employees of the rights 
        and responsibilities under the Act. Many employers maintain 
        policies that restrict the ability of workers to discuss 
        workplace issues with each other, directly contravening these 
        rights. Research shows that more than one-half of workers 
        report that their employers have policies that prohibit or 
        discourage workers from discussing pay with their coworkers. 
        These policies and practices impede workers from exercising 
        their rights under the Act and impair their freedom of 
        association at work.
            (6) Retaliation by employers against workers who exercise 
        their rights under the National Labor Relations Act persists at 
        troubling levels. Employers routinely fire workers for trying 
        to form a union at their workplace. In one out of 3 organizing 
        campaigns, one or more workers are discharged for supporting or 
        joining a union.
            (7) The current remedies are inadequate to deter employers 
        from violating the National Labor Relations Act. The remedies 
        and penalties for violations of the Act are far weaker than for 
        other labor and employment laws. Unlike other major labor and 
        employment laws, there are no civil penalties for violations of 
        the National Labor Relations Act. Workers cannot go to court to 
        pursue relief on their own and must rely on the National Labor 
        Relations Board to prosecute their case. Should the Board 
        decline to prosecute for any reason, aggrieved workers have no 
        other remedy.
            (8) Unlike orders of other Federal agencies, the orders of 
        the National Labor Relations Board are not enforced until the 
        Board seeks enforcement from the Court of Appeals. As far back 
        as 1969, the Administrative Conference of the United States 
        recognized that the absence of a self-enforcing agency order 
        imposes wasteful delays in the enforcement of the National 
        Labor Relations Act, and recommended that the Board's orders be 
        made self-enforcing like those of other agencies. Congress did 
        not act upon this recommendation, and delays in the Board's 
        enforcement remain a problem undermining the effectiveness of 
        the Act.
            (9) Many workers do not currently enjoy the protections of 
        the National Labor Relations Act because they are excluded from 
        coverage under the Act or interpretations of the Act.
            (10) Too often, workers who choose to form unions are 
        frustrated when their employers use delay and other tactics to 
        avoid reaching an initial collective bargaining agreement. 
        Estimates are that in as many as half of new organizing 
        campaigns, workers and their employers fail to reach an initial 
        collective bargaining agreement.
            (11) While the National Labor Relations Act guarantees 
        workers the right to strike, courts have permitted employers to 
        ``permanently replace'' workers who exercise their right to 
        strike. This is contrary to Congress's intent in enacting the 
        National Labor Relations Act and has led to confusion amongst 
        workers regarding to their right to strike.
            (12) Hearings under section 9 of the National Labor 
        Relations Act (29 U.S.C. 159) exist to assure to employees the 
        fullest freedom in exercising the rights guaranteed by the Act. 
        However, some employers have abused the representation process 
        of the National Labor Relations Board to impede workers from 
        freely choosing their own representatives and exercising their 
        rights under the Act.
            (13) So-called ``right-to-work'' laws do not give any 
        employee the right to a job. While Federal law requires unions 
        to fairly represent all members of a given bargaining unit, and 
        thereby expend resources on all unit members, many States' so-
        called ``right-to-work'' laws prohibit unions from charging all 
        members for the representation and services that the unions are 
        legally obliged to render. Section 14(b) of the National Labor 
        Relations Act (29 U.S.C. 164(b)) must be reformed to permit 
        unions and employers to mutually agree that payment of fair 
        share fees shall be a condition of employment following initial 
        hiring.
            (14) Restrictions on so-called ``secondary boycotts'' and 
        ``recognitional picketing'' unduly impede workers' ability to 
        engage in peaceful conduct and expression. Workers must be free 
        to act in solidarity with workers in other workplaces in order 
        to improve labor standards and achieve other lawful ends for 
        mutual aid or protection.
            (15) In order to make the right to collective bargaining 
        and freedom of association in the workplace a reality for 
        workers, the National Labor Relations Act must be strengthened.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to strengthen protections for employees engaged in 
        collective bargaining to improve their wages, hours, and terms 
        and conditions of employment;
            (2) to expand coverage under the National Labor Relations 
        Act (29 U.S.C. 151 et seq.) to more employees;
            (3) to provide a process by which workers and employers can 
        successfully negotiate an initial collective bargaining 
        agreement;
            (4) to provide a stronger deterrent and fairer remedies for 
        workers who face retaliation, discrimination, or other 
        interference with their legal rights to act concertedly, join a 
        union, or engage in collective bargaining;
            (5) to broadly protect employees' right to engage in 
        concerted activities for mutual aid or protection;
            (6) to streamline the enforcement procedures of the 
        National Labor Relations Board to provide for more timely and 
        effective enforcement of the law;
            (7) to safeguard the right to strike by prohibiting 
        ``permanent replacement'' of striking workers;
            (8) to repeal specific prohibitions on collective action 
        and peaceful expression;
            (9) to permit fair share fee arrangements in order to 
        promote workers' freedom of association and encourage the 
        practice of collective bargaining;
            (10) to improve the purchasing power of wage earners in 
        industry;
            (11) to promote the stabilization of fair wage rates and 
        humane working conditions within and between industries; and
            (12) to redress the inequality of bargaining power between 
        employees and employers.

                   TITLE I--AMENDMENTS TO LABOR LAWS

SEC. 101. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.

    (a) Definitions of Employee and Supervisor.--
            (1) Section 2(3) of the National Labor Relations Act (29 
        U.S.C. 152) is amended by inserting at the end the following: 
        ``An individual performing any service shall be considered an 
        employee (except as provided in the previous sentence) and not 
        an independent contractor for purposes of this Act, unless--
                    ``(A) the individual is free from control and 
                direction in connection with the performance of the 
                service, both under the contract for the performance of 
                service and in fact;
                    ``(B) the service is performed outside the usual 
                course of the business of the employer; and
                    ``(C) the individual is customarily engaged in an 
                independently established trade, occupation, 
                profession, or business of the same nature as that 
                involved in the service performed.''.
            (2) Section 2(11) of the National Labor Relations Act (29 
        U.S.C. 152(11)) is amended--
                    (A) by inserting ``and for a majority of the 
                individual's worktime'' after ``interest of the 
                employer'';
                    (B) by striking ``assign,''; and
                    (C) by striking ``or responsibly to direct them,''.
    (b) Appointment.--Section 4(a) of the National Labor Relations Act 
(29 U.S.C. 154(a)) is amended by striking ``, or for economic 
analysis''.
    (c) Unfair Labor Practices.--Section 8 of the National Labor 
Relations Act (29 U.S.C. 158) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking the period and 
                inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(6) to promise, threaten, or take any action--
                    ``(A) to permanently replace an employee who 
                participates in a strike as defined by section 501(2) 
                of the Labor Management Relations Act, 1947 (29 U.S.C. 
                142(2)); or
                    ``(B) to discriminate against an employee who is 
                working or has unconditionally offered to return to 
                work for the employer because the employee supported or 
                participated in such a strike.'';
            (2) in subsection (b)--
                    (A) by striking paragraphs (4) and (7);
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively;
                    (C) in paragraph (4), as so redesignated, by adding 
                ``and'' at the end; and
                    (D) in paragraph (5), as so redesignated, by 
                striking ``; and'' and inserting a period;
            (3) in subsection (c), by striking the period at the end 
        and inserting the following: ``: Provided, That it shall be an 
        unfair labor practice under subsection (a)(1) for any employer 
        to require or coerce an employee to attend or participate in 
        campaign activities unrelated to the employee's job duties, 
        including activities that are subject to the requirements under 
        section 203(b) of the Labor-Management Reporting and Disclosure 
        Act, 1959 (29 U.S.C. 433(b)).'';
            (4) by amending subsection (e) to read as follows:
    ``(e) Notwithstanding chapter 1 of title 9, United States Code 
(commonly known as the `Federal Arbitration Act'), or any other 
provision of law, it shall be an unfair labor practice under subsection 
(a)(1) for any employer to enter into any contract or agreement, 
express or implied, whereby an employee of the employer undertakes or 
promises not to pursue, bring, join, litigate, or support any kind of 
collective legal claim arising from or relating to the employment of 
such employee in any forum that, but for such contract or agreement, is 
of competent jurisdiction. The provisions of this subsection shall not 
apply with respect to employees who are represented by a labor 
organization and covered by a collective-bargaining agreement in effect 
with the employer. Any contract or agreement entered into heretofore or 
hereafter containing an agreement prohibited by this subsection shall 
be to such extent unenforceable and void.''; and
            (5) by adding at the end the following:
    ``(h)(1) The Board shall promulgate regulations requiring each 
employer to post and maintain, in conspicuous places where notices to 
employees and applicants for employment are customarily posted both 
physically and electronically, a notice setting forth the rights and 
protections afforded employees under this Act. The Board shall make 
available the form and text of such notice. The Board shall promulgate 
regulations requiring employers to notify each new employee of the 
information contained in the notice described in the preceding two 
sentences.
    ``(2) Whenever the Board directs an election under section 9(c) or 
approves an election agreement, the employer of employees in the 
bargaining unit shall, not later than 2 business days after the Board 
directs such election or approves such election agreement, provide a 
voter list to a labor organization that has petitioned to represent 
such employees. Such voter list shall include the names of all 
employees in the bargaining unit and such employees' home addresses, 
work locations, shifts, job classifications, and, if available to the 
employer, personal landline and mobile phone numbers, and work and 
personal email addresses. Not later than 9 months after the date of 
enactment of the Workers' Freedom to Negotiate Act of 2018, the Board 
shall promulgate regulations implementing the requirements of this 
paragraph.
    ``(i) Whenever collective bargaining is for the purpose of 
establishing an initial agreement following certification or 
recognition, the provisions of subsection (d) shall be modified as 
follows:
            ``(1) Not later than 10 days after receiving a written 
        request for collective bargaining from an individual or labor 
        organization that has been newly organized or certified as a 
        representative as defined in section 9(a), or within such 
        further period as the parties agree upon, the parties shall 
        meet and commence to bargain collectively and shall make every 
        reasonable effort to conclude and sign a collective bargaining 
        agreement.
            ``(2) If after the expiration of the 90-day period 
        beginning on the date on which bargaining is commenced, or such 
        additional period as the parties may agree upon, the parties 
        have failed to reach an agreement, either party may notify the 
        Federal Mediation and Conciliation Service of the existence of 
        a dispute and request mediation. Whenever such a request is 
        received, it shall be the duty of the Service promptly to put 
        itself in communication with the parties and to use its best 
        efforts, by mediation and conciliation, to bring them to 
        agreement.
            ``(3) If after the expiration of the 30-day period 
        beginning on the date on which the request for mediation is 
        made under paragraph (2), or such additional period as the 
        parties may agree upon, the Service is not able to bring the 
        parties to agreement by conciliation, the Service shall refer 
        the dispute to a tripartite arbitration panel established in 
        accordance with such regulations as may be prescribed by the 
        Service, with one member selected by the labor organization, 
        one member selected by the employer, and one neutral member 
        mutually agreed to by the parties. A majority of the tripartite 
        arbitration panel shall render a decision settling the dispute 
        and such decision shall be binding upon the parties for a 
        period of 2 years, unless amended during such period by written 
        consent of the parties. Such decision shall be based on the 
        following considerations:
                    ``(A) the employer's financial status and 
                prospects;
                    ``(B) the size and type of the employer's 
                operations and business;
                    ``(C) the employees' cost of living;
                    ``(D) the employees' ability to sustain themselves, 
                their families, and their dependents on the wages and 
                benefits they earn from the employer; and
                    ``(E) the wages and benefits other employers in the 
                same business provide their employees.''.
    (d) Representatives and Elections.--Section 9 of the National Labor 
Relations Act (29 U.S.C. 159) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``as may be'' and all that 
                        follows through ``by an employee'' and 
                        inserting ``as may be prescribed by the Board, 
                        by an employee'';
                            (ii) by striking ``; or'' and all that 
                        follows through ``the Board shall investigate'' 
                        and inserting ``, the Board shall 
                        investigate''; and
                            (iii) by adding at the end the following: 
                        ``No employer shall have standing as a party, 
                        or to intervene, in any representation 
                        proceeding under this section.'';
                    (B) in paragraph (3), by striking ``an economic 
                strike who are not entitled to reinstatement'' and 
                inserting ``a strike'';
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (6) and (7), respectively;
                    (D) by inserting after paragraph (3) the following:
            ``(4) If the Board finds that, in an election under 
        paragraph (1), a majority of the valid votes cast in a unit 
        appropriate for purposes of collective bargaining have been 
        cast in favor of representation by the labor organization, the 
        Board shall certify the labor organization as the 
        representative of the employees in such unit and shall issue an 
        order requiring the employer to collectively bargain with the 
        labor organization in accordance with section 8(d). This order 
        shall be deemed an order under section 10(c) of the Act, 
        without need for a determination of an unfair labor practice.
            ``(5)(A) If the Board finds that, in an election under 
        paragraph (1), a majority of the valid votes cast in a unit 
        appropriate for purposes of collective bargaining have not been 
        cast in favor of representation by the labor organization, the 
        Board shall dismiss the petition, subject to subparagraphs (B) 
        and (C).
            ``(B) In any case in which a majority of the valid votes 
        cast in a unit appropriate for purposes of collective 
        bargaining have not been cast in favor of representation by the 
        labor organization and the Board determines that the election 
        should be set aside because the employer has committed a 
        violation of this Act or otherwise interfered with a fair 
        election, and the employer has not demonstrated that the 
        violation or other interference is unlikely to have affected 
        the outcome of the election, the Board shall, without ordering 
        a new or rerun election, certify the labor organization as the 
        representative of the employees in such unit and issue an order 
        requiring the employer to bargain with the labor organization 
        in accordance with section 8(d) if, at any time during the 
        period beginning 1 year preceding the date of the commencement 
        of the election and ending on the date upon which the Board 
        makes the determination of a violation or other interference, a 
        majority of the employees in the bargaining unit have signed 
        authorizations designating the labor organization as their 
        collective bargaining representative.
            ``(C) In any case where the Board determines that an 
        election under this paragraph should be set aside, the Board 
        shall direct a rerun election with appropriate additional 
        safeguards necessary to ensure a fair election process, except 
        in cases where the Board issues a bargaining order under 
        subparagraph (B).''; and
                    (E) by inserting after paragraph (7), as so 
                redesignated, the following:
            ``(8) Except under extraordinary circumstances--
                    ``(A) a pre-election hearing under this subsection 
                shall begin not later than 8 days after a notice of 
                such hearing is served on the parties; and
                    ``(B) a post-election hearing under this subsection 
                shall begin not later than 14 days after the filing of 
                objections, if any.''; and
            (2) in subsection (d), by striking ``(e) or'' and inserting 
        ``(d) or''.
    (e) Prevention of Unfair Labor Practices.--
            (1) In general.--Section 10(c) of the National Labor 
        Relations Act (29 U.S.C. 160(c)) is amended by striking 
        ``suffered by him'' and inserting ``suffered by such employee: 
        Provided further, That if the Board finds that an employer has 
        discriminated against an employee in violation of paragraph (3) 
        or (4) of section 8(a) or has committed a violation of section 
        8(a) that results in the discharge of an employee or other 
        serious economic harm to an employee, the Board shall award the 
        employee back pay without any reduction (including any 
        reduction based on the employee's interim earnings or failure 
        to earn interim earnings), front pay (when appropriate), 
        consequential damages, and an additional amount as liquidated 
        damages equal to 2 times the amount of damages awarded: 
        Provided further, no relief under this subsection shall be 
        denied on the basis that the employee is, or was during the 
        time of relevant employment or during the back pay period, an 
        unauthorized alien as defined in section 274A(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)) or any 
        other provision of Federal law relating to the unlawful 
        employment of aliens''.
    (f) Enforcing Compliance With Orders of the Board.--Section 10 of 
the National Labor Relations Act (29 U.S.C. 160) is amended--
            (1) by striking subsection (e);
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d)(1) Each order of the Board shall take effect upon issuance of 
such order, unless otherwise directed by the Board, and shall remain in 
effect unless modified by the Board or unless a court of competent 
jurisdiction issues a superseding order.
    ``(2) Any person who fails or neglects to obey an order of the 
Board shall forfeit and pay to the Board a civil penalty of not more 
than $10,000 for each violation, which shall accrue to the Board and 
may be recovered in a civil action brought by the Board to the district 
court of the United States in which the unfair labor practice or other 
subject of the order occurred, or in which such person or entity 
resides or transacts business. No action by the Board under this 
paragraph may be made until 30 days following the issuance of an order. 
Each separate violation of such an order shall be a separate offense, 
except that, in the case of a violation in which a person fails to obey 
or neglects to obey a final order of the Board, each day such failure 
or neglect continues shall be deemed a separate offense.
    ``(3) If, after having provided a person or entity with notice and 
an opportunity to be heard regarding a civil action under subparagraph 
(2) for the enforcement of an order, the court determines that the 
order was regularly made and duly served, and that the person or entity 
is in disobedience of the same, the court shall enforce obedience to 
such order by a writ of injunction or other proper process, mandatory 
or otherwise, to--
            ``(A) restrain such person or entity or the officers, 
        agents, or representatives of such person or entity, from 
        further disobedience to such order; or
            ``(B) enjoin upon such person or entity, officers, agents, 
        or representatives obedience to the same.'';
            (4) in subsection (f)--
                    (A) by striking ``proceed in the same manner as in 
                the case of an application by the Board under 
                subsection (e) of this section,'' and inserting 
                ``proceed as provided under paragraph (2) of this 
                subsection'';
                    (B) by striking ``Any'' and inserting the 
                following:
            ``(1) Within 30 days of the issuance of an order, any''; 
        and
                    (C) by adding at the end the following:
            ``(2) No objection that has not been urged before the 
        Board, its member, agent, or agency shall be considered by a 
        court, unless the failure or neglect to urge such objection 
        shall be excused because of extraordinary circumstances. The 
        findings of the Board with respect to questions of fact if 
        supported by substantial evidence on the record considered as a 
        whole shall be conclusive. If either party shall apply to the 
        court for leave to adduce additional evidence and shall show to 
        the satisfaction of the court that such additional evidence is 
        material and that there were reasonable grounds for the failure 
        to adduce such evidence in the hearing before the Board, its 
        member, agent, or agency, the court may order such additional 
        evidence to be taken before the Board, its member, agent, or 
        agency, and to be made a part of the record. The Board may 
        modify its findings as to the facts, or make new findings, by 
        reason of additional evidence so taken and filed, and it shall 
        file such modified or new findings, which findings with respect 
        to questions of fact if supported by substantial evidence on 
        the record considered as a whole shall be conclusive, and shall 
        file its recommendations, if any, for the modification or 
        setting aside of its original order. Upon the filing of the 
        record with it the jurisdiction of the court shall be exclusive 
        and its judgment and decree shall be final, except that the 
        same shall be subject to review by the appropriate United 
        States court of appeals if application was made to the district 
        court, and by the Supreme Court of the United States upon writ 
        of certiorari or certification as provided in section 1254 of 
        title 28, United States Code.''; and
            (5) in section 10(g), by striking ``subsection (e) or (f) 
        of this section'' and inserting ``subsection (d) or (f)''.
    (g) Injunctions Against Unfair Labor Practices Involving Discharge 
or Other Serious Economic Harm.--Section 10(j) of the National Labor 
Relations Act (29 U.S.C. 160(j)) is amended--
            (1) by striking ``(j) The Board'' and inserting ``(j)(1) 
        The Board''; and
            (2) by adding at the end the following:
            ``(2) Notwithstanding subsection (m) of section 10, 
        whenever it is charged that an employer has engaged in an 
        unfair labor practice within the meaning of paragraph (1) or 
        (3) of section 8(a) that significantly interferes with, 
        restrains, or coerces employees in the exercise of the rights 
        guaranteed under section 7, or involves discharge or other 
        serious economic harm to an employee, the preliminary 
        investigation of such charge shall be made forthwith and given 
        priority over all other cases except cases of like character in 
        the office where it is filed or to which it is referred. If, 
        after such investigation, the officer or regional attorney to 
        whom the matter may be referred has reasonable cause to believe 
        such charge is true and that a complaint should issue, such 
        officer or attorney shall bring a petition for appropriate 
        temporary relief or restraining order as set forth in paragraph 
        (1). The district court shall grant the relief requested unless 
        the court concludes that there is no reasonable likelihood that 
        the Board will succeed on the merits of the Board's claim.''; 
        and
    (h) Repeals.--Section 10 of the National Labor Relations Act (29 
U.S.C. 160) is further amended by repealing subsections (k) and (l).
    (i) Penalties.--Section 12 of the National Labor Relations Act (29 
U.S.C. 162) is amended--
            (1) by striking ``Sec. 12. Any person'' and inserting the 
        following:

``SEC. 12. PENALTIES.

    ``(a) Violations for Interference With Board.--Any person''; and
            (2) by adding at the end the following:
    ``(b) Violations for Posting Requirements and Voter List.--If the 
Board, or any agent or agency designated by the Board for such 
purposes, determines that an employer has violated section 8(h) or 
regulations issued thereunder, the Board shall--
            ``(1) state the findings of fact supporting such 
        determination;
            ``(2) issue and cause to be served on such employer an 
        order requiring that such employer comply with section 8(h) or 
        regulations issued thereunder; and
            ``(3) impose a civil penalty in an amount determined 
        appropriate by the Board, except that in no case shall the 
        amount of such penalty exceed $500 for each such violation.
    ``(c) Violations Causing Serious Economic Harm to Employees.--
            ``(1) In general.--Any employer who commits an unfair labor 
        practice within the meaning of paragraph (3) or (4) of section 
        8(a), or a violation of section 8(a) that results in the 
        discharge of an employee or other serious economic harm to an 
        employee shall, in addition to any remedy ordered by the Board, 
        be subject to a civil penalty in an amount not to exceed 
        $50,000 for each violation, except that the Board shall double 
        the amount of such penalty, to an amount not to exceed 
        $100,000, in any case where the employer has within the 
        preceding 5 years committed another such violation.
            ``(2) Considerations.--In determining the amount of any 
        civil penalty under this subsection, the Board shall consider--
                    ``(A) the gravity of the unfair labor practice;
                    ``(B) the impact of the unfair labor practice on 
                the charging party, on other persons seeking to 
                exercise rights guaranteed by this Act, and on the 
                public interest; and
                    ``(C) the gross income of the employer.
            ``(3) Director and officer liability.--If the Board 
        determines, based on the particular facts and circumstances 
        presented, that a director or officer's personal liability is 
        warranted, a civil penalty for a violation described in this 
        subsection may also be assessed against any director or officer 
        of the employer who directed or committed the violation, had 
        established a policy that led to such a violation, or had 
        actual or constructive knowledge of and the authority to 
        prevent the violation and failed to prevent the violation.
    ``(d) Joint Employment.--Two or more persons shall be employers for 
purposes of this Act with respect to employees if each such person 
possesses sufficient control over the employees' essential terms and 
conditions of employment to permit meaningful collective bargaining. In 
applying this inquiry, the Board or a court of competent jurisdiction 
shall consider as relevant direct control, indirect control, reserved 
authority to control, and control exercised in fact: Provided, That 
nothing in this paragraph shall be construed to bring within the 
definition of employer under section 2(2) the United States or any 
wholly owned Government corporation, or any Federal Reserve Bank, or 
any State or political subdivision thereof, or any person subject to 
the Railway Labor Act, as amended from time to time, or any labor 
organization (other than when acting as an employer), or anyone acting 
in the capacity of officer or agent of such labor organization.
    ``(e) Right to Civil Action.--
            ``(1) In general.--Any person who is injured by reason of a 
        violation of paragraph (1) or (3) of section 8(a) may, in 
        addition to or in lieu of filing a charge alleging such unfair 
        labor practice with the Board in accordance with this Act, 
        bring a civil action in the appropriate district court of the 
        United States against the employer within 180 days of the 
        violation. No relief under this subsection shall be denied on 
        the basis that the employee is, or was during the time of 
        relevant employment or during the back pay period, an 
        unauthorized alien as defined in section 274(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)) or any 
        other provision of Federal law relating to the unlawful 
        employment of aliens.
            ``(2) Available relief.--Relief granted in an action under 
        paragraph (1) may include--
                    ``(A) back pay without any reduction, including any 
                reduction based on the employee's interim earnings or 
                failure to earn interim earnings;
                    ``(B) front pay (where appropriate);
                    ``(C) consequential damages;
                    ``(D) an additional amount as liquidated damages 
                equal to 2 times the cumulative amount of damages 
                awarded under subparagraphs (A) through (C);
                    ``(E) in appropriate cases, punitive damages in 
                accordance with paragraph (4); and
                    ``(F) any other relief authorized by section 706(g) 
                of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)) 
                or by section 1977A(b) of the Revised Statutes (42 
                U.S.C. 1981a(b)).
            ``(3) Attorney's fees.--In any civil action under this 
        subsection, the court may allow the prevailing party a 
        reasonable attorney's fee (including expert fees) and other 
        reasonable costs associated with maintaining the action.
            ``(4) Punitive damages.--In awarding punitive damages under 
        paragraph (2)(E), the court shall consider--
                    ``(A) the gravity of the unfair labor practice;
                    ``(B) the impact of the unfair labor practice on 
                the charging party, on other persons seeking to 
                exercise rights guaranteed by this Act, and on the 
                public interest; and
                    ``(C) the gross income of the employer.''.
            (3) Conforming amendments.--Section 10(b) of the National 
        Labor Relations Act (29 U.S.C. 160(b)) is amended--
                    (A) by striking ``six months'' and inserting ``180 
                days''; and
                    (B) by striking ``the six-month period'' and 
                inserting ``the 180-day period''.
    (j) Limitations.--Section 13 of the National Labor Relations Act 
(29 U.S.C. 163) is amended by striking the period at the end and 
inserting the following: ``: Provided, That the duration, scope, 
frequency, or intermittence of any strike or strikes shall not render 
such strike or strikes unprotected or prohibited.''.
    (k) Fair Share Agreements Permitted.--Section 14(b) of the National 
Labor Relations Act (29 U.S.C. 164(b)) is amended by striking the 
period at the end and inserting the following: ``: Provided, That 
collective bargaining agreements providing that all employees in a 
bargaining unit shall contribute fees to a labor organization for the 
cost of bargaining and representation as a condition of employment 
shall be valid and enforceable notwithstanding any State or Territorial 
law.''.

SEC. 102. AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947.

    Section 303 of the Labor Management Relations Act, 1947 (29 U.S.C. 
187) is repealed.

SEC. 103. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE 
              ACT OF 1959.

    Section 203(c) of the Labor-Management Reporting and Disclosure Act 
of 1959 (29 U.S.C. 433(c)) is amended by striking the period at the end 
and inserting the following ``: Provided, That this subsection shall 
not exempt from the requirements of this section any arrangement or 
part of an arrangement in which a party agrees, for an object described 
in section (b)(1), to plan or conduct employee meetings; train 
supervisors or employer representatives to conduct meetings; coordinate 
or direct activities of supervisors or employer representatives; 
establish or facilitate employee committees; identify employees for 
disciplinary action, reward, or other targeting; or draft or revise 
employer personnel policies, speeches, presentations, or other written, 
recorded, or electronic communications to be delivered or disseminated 
to employees.''.

                 TITLE II--FAIR PAY AND SAFE WORKPLACES

SEC. 201. DEFINITIONS.

    In this title:
            (1) Covered contract.--The term ``covered contract'' means 
        a Federal contract for the procurement of property or services, 
        including construction, valued in excess of $500,000.
            (2) Covered subcontract.--The term ``covered 
        subcontract''--
                    (A) means a subcontract for property or services 
                under a Federal contract that is valued in excess of 
                $500,000; and
                    (B) does not include a subcontract for the 
                procurement of commercially available off-the-shelf 
                items.
            (3) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.

SEC. 202. PURPOSE.

    The purpose of this title is to--
            (1) ensure that the purchasing power of the Federal 
        Government is employed to raise labor standards, improve 
        working conditions, and strengthen workers' bargaining power; 
        and
            (2) increase efficiency and cost savings in the work 
        performed by parties who contract with the Federal Government 
        by ensuring that they understand and comply with labor laws, 
        which are designed to promote safe, healthy, fair, and 
        effective workplaces and increase the likelihood of enhanced 
        productivity in the workplace and the timely, predictable, and 
        satisfactory delivery of goods and services to the Federal 
        Government.

SEC. 203. REQUIRED PRE-CONTRACT AWARD ACTIONS.

    (a) Disclosures.--The head of an executive agency shall ensure that 
the solicitation for a covered contract requires the offeror--
            (1) to represent, to the best of the offeror's knowledge 
        and belief, whether there has been any administrative merits 
        determination, arbitral award or decision, or civil judgment, 
        as defined in guidance issued by the Secretary of Labor, 
        rendered against the offeror in the preceding 3 years for 
        violations of--
                    (A) the Fair Labor Standards Act of 1938 (29 U.S.C. 
                201 et seq.);
                    (B) the Occupational Safety and Health Act of 1970 
                (29 U.S.C. 651 et seq.);
                    (C) the Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.);
                    (D) the National Labor Relations Act (29 U.S.C. 151 
                et seq.);
                    (E) subchapter IV of chapter 31 of title 40, United 
                States Code (commonly known as the ``Davis-Bacon 
                Act'');
                    (F) chapter 67 of title 41, United States Code 
                (commonly known as the ``Service Contract Act'');
                    (G) Executive Order 11246 (42 U.S.C. 2000e note; 
                relating to equal employment opportunity);
                    (H) section 503 of the Rehabilitation Act of 1973 
                (29 U.S.C. 793);
                    (I) section 4212 of title 38, United States Code;
                    (J) the Family and Medical Leave Act of 1993 (29 
                U.S.C. 2601 et seq.);
                    (K) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.);
                    (L) the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12101 et seq.);
                    (M) the Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.);
                    (N) Executive Order 13658 (79 Fed. Reg. 9851; 
                relating to establishing a minimum wage for 
                contractors); or
                    (O) equivalent State laws, as defined in guidance 
                issued by the Secretary of Labor;
            (2) to require each subcontractor for a covered 
        subcontract--
                    (A) to represent to the offeror and the entity 
                designated by the final rule reissued under subsection 
                (a) of section 206, to the best of the subcontractor's 
                knowledge and belief, whether there has been any 
                administrative merits determination, arbitral award or 
                decision, or civil judgment, as defined in guidance 
                issued by the Department of Labor, rendered against the 
                subcontractor in the preceding 3 years for violations 
                of any of the labor laws and executive orders listed 
                under paragraph (1); and
                    (B) to update such information every 6 months for 
                the duration of the subcontract; and
            (3) to consider the advice rendered by the entity 
        designated by the final rule reissued under subsection (a) of 
        section 206 or information submitted by a subcontractor 
        pursuant to paragraph (2) in determining whether the 
        subcontractor is a responsible source with a satisfactory 
        record of integrity and business ethics--
                    (A) prior to awarding the subcontract; or
                    (B) in the case of a subcontract that is awarded or 
                will become effective within 5 days of the prime 
                contract being awarded, not later than 30 days after 
                awarding the subcontract.
    (b) Pre-Award Corrective Measures.--
            (1) In general.--A contracting officer, prior to awarding a 
        covered contract, shall, as part of the responsibility 
        determination, provide an offeror who makes a disclosure 
        pursuant to subsection (a) an opportunity to report any steps 
        taken to correct the violations of or improve compliance with 
        the labor laws listed in paragraph (1) of such subsection, 
        including any agreements entered into with an enforcement 
        agency.
            (2) Consultation.--The executive agency's Labor Compliance 
        Advisor designated pursuant to section 205, in consultation 
        with relevant enforcement agencies, shall advise the 
        contracting officer whether agreements are in place or are 
        otherwise needed to address appropriate remedial measures, 
        compliance assistance, steps to resolve issues to avoid further 
        violations, or other related matters concerning the offeror.
            (3) Responsibility determination.--The contracting officer, 
        in consultation with the executive agency's Labor Compliance 
        Advisor, shall consider information provided by the offeror 
        under this subsection in determining whether the offeror is a 
        responsible source with a satisfactory record of integrity and 
        business ethics. The determination shall be based on the 
        guidelines reissued under subsection (b)(1) of section 206 and 
        the final rule reissued under subsection (a) of such section.
    (c) Referral of Information to Suspension and Debarment 
Officials.--As appropriate, contracting officers, in consultation with 
their executive agency's Labor Compliance Advisor, shall refer matters 
related to information provided pursuant to paragraphs (1) and (2) of 
subsection (a) to the executive agency's suspension and debarment 
official in accordance with agency procedures.

SEC. 204. POST-AWARD CONTRACT ACTIONS.

    (a) Information Updates.--The contracting officer for a covered 
contract shall require that the contractor update the information 
provided under paragraphs (1) and (2) of section 203(a) every 6 months.
    (b) Corrective Actions.--
            (1) Prime contract.--The contracting officer, in 
        consultation with the Labor Compliance Advisor designated 
        pursuant to section 205, shall determine whether any 
        information provided under subsection (a) warrants corrective 
        action. Such action may include--
                    (A) an agreement requiring appropriate remedial 
                measures;
                    (B) compliance assistance;
                    (C) resolving issues to avoid further violations;
                    (D) the decision not to exercise an option on a 
                contract or to terminate the contract; or
                    (E) referral to the agency suspending and debarring 
                official.
            (2) Subcontracts.--The prime contractor for a covered 
        contract, in consultation with the Labor Compliance Advisor, 
        shall determine whether any information provided under section 
        203(a)(2) warrants corrective action, including remedial 
        measures, compliance assistance, and resolving issues to avoid 
        further violations.
            (3) Department of labor.--The Department of Labor shall, as 
        appropriate, inform executive agencies of its investigations of 
        contractors and subcontractors on current Federal contracts for 
        purposes of determining the appropriateness of actions 
        described under paragraphs (1) and (2).

SEC. 205. LABOR COMPLIANCE ADVISORS.

    (a) In General.--Each executive agency shall designate a senior 
official to act as the agency's Labor Compliance Advisor.
    (b) Duties.--The Labor Compliance Advisor shall--
            (1) meet quarterly with the Deputy Secretary, Deputy 
        Administrator, or equivalent executive agency official with 
        regard to matters covered under this title;
            (2) work with the acquisition workforce, agency officials, 
        and agency contractors to promote greater awareness and 
        understanding of labor law requirements, including record 
        keeping, reporting, and notice requirements, as well as best 
        practices for obtaining compliance with these requirements;
            (3) coordinate assistance for executive agency contractors 
        seeking help in addressing and preventing labor violations;
            (4) in consultation with the Department of Labor or other 
        relevant enforcement agencies, and pursuant to section 203(b) 
        as necessary, provide assistance to contracting officers 
        regarding appropriate actions to be taken in response to 
        violations identified prior to or after contracts are awarded, 
        and address complaints in a timely manner, by--
                    (A) providing assistance to contracting officers 
                and other executive agency officials in reviewing the 
                information provided pursuant to subsections (a) and 
                (b) of section 203 and section 204(a), or other 
                information indicating a violation of a labor law in 
                order to assess the serious, repeated, willful, or 
                pervasive nature of any violation and evaluate steps 
                contractors have taken to correct violations or improve 
                compliance with relevant requirements;
                    (B) helping agency officials determine the 
                appropriate response to address violations of the 
                requirements of the labor laws listed in section 
                203(a)(1) or other information indicating such a labor 
                violation (particularly serious, repeated, willful, or 
                pervasive violations), including agreements requiring 
                appropriate remedial measures, decisions not to award a 
                contract or exercise an option on a contract, contract 
                termination, or referral to the executive agency 
                suspension and debarment official;
                    (C) providing assistance to appropriate executive 
                agency officials in receiving and responding to, or 
                making referrals of, complaints alleging violations by 
                agency contractors and subcontractors of the 
                requirements of the labor laws listed in section 
                203(a)(1); and
                    (D) supporting contracting officers, suspension and 
                debarment officials, and other agency officials in the 
                coordination of actions taken pursuant to this 
                subsection to ensure agency-wide consistency, to the 
                extent practicable;
            (5) as appropriate, send information to agency suspension 
        and debarment officials in accordance with agency procedures;
            (6) consult with the agency's Chief Acquisition Officer and 
        Senior Procurement Executive, and the Department of Labor as 
        necessary, in the development of regulations, policies, and 
        guidance addressing labor law compliance by contractors and 
        subcontractors;
            (7) make recommendations to the agency to strengthen agency 
        management of contractor compliance with labor laws;
            (8) publicly report, on an annual basis, a summary of 
        agency actions taken to promote greater labor compliance, 
        including the agency's response pursuant to this order to 
        serious, repeated, willful, or pervasive violations of the 
        requirements of the labor laws listed in section 203(a)(1); and
            (9) participate in the interagency meetings regularly 
        convened by the Secretary of Labor pursuant to section 
        206(b)(2)(C).

SEC. 206. MEASURES TO ENSURE GOVERNMENT-WIDE CONSISTENCY.

    (a) Federal Acquisition Regulation.--
            (1) In general.--Notwithstanding Public Law 115-11 (131 
        Stat. 75) and section 553 of title 5, United States Code, not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary of Defense, the Administrator of the General Services 
        Administration, and the Administrator of the National 
        Aeronautics and Space Administration shall reissue the final 
        rule entitled ``Federal Acquisition Regulation; Fair Pay and 
        Safe Workplaces'' (81 Fed. Reg. 58,562 (Aug. 25, 2016)), 
        subject to paragraph (2).
            (2) Updated dates.--The agencies described in paragraph (1) 
        may, in reissuing the final rule under such paragraph, update 
        any date provided in such final rule as reasonable.
    (b) Department of Labor.--
            (1) Guidance.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Labor shall reissue the 
        guidance entitled ``Guidance for Executive Order 13673, `Fair 
        Pay and Safe Workplaces''' (81 Fed. Reg. 58,564 (Aug. 25, 
        2016)). In reissuing such guidance, the Secretary of Labor may 
        update any date provided in such guidance as reasonable and 
        necessary.
            (2) Additional activities.--The Secretary of Labor shall--
                    (A) develop a process--
                            (i) for the Labor Compliance Advisors 
                        designated pursuant to section 205 to consult 
                        with the Secretary of Labor in carrying out 
                        their responsibilities under section 205(b)(4);
                            (ii) by which contracting officers and 
                        Labor Compliance Advisors may give appropriate 
                        consideration to determinations and agreements 
                        made by the Secretary of Labor and the heads of 
                        other executive agencies; and
                            (iii) by which contractors may enter into 
                        agreements with the Secretary of Labor, or the 
                        head of another executive agency, prior to 
                        being considered for a contract;
                    (B) review data collection requirements and 
                processes, and work with the Director of the Office of 
                Management and Budget, the Administrator for General 
                Services, and other agency heads to improve such 
                requirements and processes, as necessary, to reduce the 
                burden on contractors and increase the amount of 
                information available to executive agencies;
                    (C) regularly convene interagency meetings of Labor 
                Compliance Advisors to share and promote best practices 
                for improving labor law compliance; and
                    (D) designate an appropriate contact for executive 
                agencies seeking to consult with the Secretary of Labor 
                with respect to the requirements and activities under 
                this title.
    (c) Office of Management and Budget.--The Director of the Office of 
Management and Budget shall--
            (1) work with the Administrator of General Services to 
        include in the Federal Awardee Performance and Integrity 
        Information System the information provided by contractors 
        pursuant to sections 203(a)(1) and 204(a) and data on the 
        resolution of any issues related to such information; and
            (2) designate an appropriate contact for agencies seeking 
        to consult with the Office of Management and Budget on matters 
        arising under this title.
    (d) General Services Administration.--
            (1) In general.--The Administrator of General Services, in 
        consultation with other relevant executive agencies, shall 
        establish a single Internet website for Federal contractors to 
        use for all Federal contract reporting requirements under this 
        title, as well as any other Federal contract reporting 
        requirements to the extent practicable.
            (2) Agency cooperation.--The heads of executive agencies 
        with covered contracts shall provide the Administrator of 
        General Services with the data necessary to maintain the 
        Internet website established under paragraph (1).
    (e) Minimizing Compliance Burden.--After reissuing the guidance 
under subsection (b)(1) or the final rule under subsection (a), the 
Secretary of Labor or the Secretary of Defense, the Administrator of 
the General Services Administration, and the Administrator of the 
National Aeronautics and Space Administration may, respectively, amend 
such guidance or final rule consistent with the requirements under 
chapter 5 of title 5, United States Code.

SEC. 207. PAYCHECK TRANSPARENCY.

    (a) In General.--Each executive agency entering into a covered 
contract, or covered subcontract, shall ensure that provisions in 
solicitations for such contracts, or subcontracts, and clauses in such 
contracts, or subcontracts, shall provide that, for each pay period, 
contractors or subcontractors provide each individual described in 
subsection (b) with a document containing information with respect to 
such individual for the pay period concerning hours worked, overtime 
hours worked, pay, and any additions made to or deductions made from 
pay.
    (b) Individuals Described.--An individual described in this 
subsection is any individual performing work under a contract or 
subcontract for which the contractor or subcontractor is required to 
maintain wage records under--
            (1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.);
            (2) subchapter IV of chapter 31 of title 40, United States 
        Code (commonly referred to as the ``Davis-Bacon Act'');
            (3) chapter 67 of title 41, United States Code (commonly 
        known as the ``Service Contract Act''); or
            (4) an applicable State law.
    (c) Exceptions.--
            (1) Employees exempt from overtime requirements.--The 
        document provided under subsection (a) to individuals who are 
        exempt under section 13 of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 213) from the overtime compensation requirements 
        under section 7 of such Act (29 U.S.C. 207) shall not be 
        required to include a record of the hours worked if the 
        contractor or subcontractor informs the individual of the 
        status of such individual as exempt from such requirements.
            (2) Substantially similar state laws.--The requirements 
        under this section shall be deemed to be satisfied if the 
        contractor or subcontractor complies with State or local 
        requirements that the Secretary of Labor has determined are 
        substantially similar to the requirements under this section.
    (d) Independent Contractors.--If the contractor or subcontractor is 
treating an individual performing work under a covered contract or 
subcontract as an independent contractor, and not as an employee, the 
contractor or subcontractor shall provide the individual a document 
informing the individual of their status as an independent contractor.

SEC. 208. COMPLAINT AND DISPUTE TRANSPARENCY.

    (a) In General.--
            (1) Contracts.--The head of an executive agency may not 
        enter into a contract for the procurement of property or 
        services valued in excess of $500,000 unless the contractor 
        agrees that any decision to arbitrate the claim of an employee 
        or independent contractor performing work under the contract 
        that arises under title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e et seq.) or any tort related to or arising out of 
        sexual assault or sexual harassment may only be made with the 
        voluntary consent of the employee or independent contractor 
        after the dispute arises.
            (2) Subcontracts.--The head of an executive agency shall 
        require that a contractor covered under paragraph (1) 
        incorporate the requirement under such subsection into each 
        subcontract for the procurement of property or services valued 
        in excess of $500,000 at any tier under the contract.
    (b) Exceptions.--
            (1) Contracts for commercial items and commercially 
        available off-the-shelf items.--The requirements under 
        subsection (a) do not apply to contracts or subcontracts for 
        the acquisition of commercial items or commercially available 
        off-the-shelf items (as those terms are defined in sections 
        103(1) and 104, respectively, of title 41, United States Code).
            (2) Employees and independent contractors not covered.--The 
        requirements under subsection (a) do not apply with respect to 
        an employee or independent contractor who--
                    (A) is covered by a collective bargaining agreement 
                negotiated between the contractor or subcontractor and 
                a labor organization representing the employee or 
                independent contractor; or
                    (B) entered into a valid agreement to arbitrate 
                claims covered under such subsection before the 
                contractor or subcontractor bid on the contract covered 
                under such subsection, except that such requirements do 
                apply--
                            (i) if the contractor or subcontractor is 
                        permitted to change the terms of the 
                        arbitration agreement with the employee or 
                        independent contractor; or
                            (ii) in the event the arbitration agreement 
                        is renegotiated or replaced after the 
                        contractor or subcontractor bids on the 
                        contract.

SEC. 209. NEUTRALITY.

    (a) Costs incurred in maintaining satisfactory relations between 
the contractor and its employees on a covered contract or a 
subcontractor and its employees on a covered contract (other than those 
made unallowable in subsection (b) of this section), including costs of 
shop stewards, labor management committees, employee publications, and 
other related activities, are allowable.
    (b) No Federal funds made available through a covered contract or 
covered subcontract may be used to engage in activities undertaken to 
persuade employees, of any entity, to exercise or not to exercise, or 
concerning the manner of exercising, the right to organize and bargain 
collectively through representatives of the employees' own choosing or 
any other activities that are subject to the requirements under section 
203(b) of the Labor-Management Reporting and Disclosure Act of 1959 (29 
U.S.C. 433(b)). Examples of unallowable costs under this subsection 
include, but are not limited to, the costs of--
            (1) preparing and distributing materials;
            (2) hiring or consulting legal counsel or consultants;
            (3) meetings (including paying the salaries of the 
        attendees at meetings held for this purpose); and
            (4) planning or conducting activities by managers, 
        supervisors, or union representatives during work hours.

SEC. 210. IMPLEMENTING REGULATIONS.

    Not later than 9 months after the date of enactment of this Act, 
the Federal Acquisition Regulatory Council shall amend the Federal 
Acquisition Regulation to carry out the provisions of this title, 
including sections 207 and 208.

SEC. 211. SEVERABILITY.

    If any provision of this title or the application of any such 
provision to any person or circumstance is held to be unconstitutional, 
the remaining provisions of this title and the application of such 
provisions to any person or circumstance shall not be affected by such 
holding.

SEC. 212. RULES OF CONSTRUCTION.

    Nothing in this title shall be construed as--
            (1) impairing or otherwise affecting the authority granted 
        by law to an executive agency or the head thereof; or
            (2) impairing or otherwise affecting the functions of the 
        Director of the Office of Management and Budget relating to 
        budgetary, administrative, or legislative proposals.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, including any 
amendments made by this Act.
                                 <all>