Nominations (Cong. Rec., March 9, 2021)
Summary
A Daily Digest page of the Congressional Record for March 9, 2021, at page D216, summarizing committee and House action. A committee concluded a hearing on the nominations of Lisa O. Monaco to be Deputy Attorney General and Vanita Gupta to be Associate Attorney General. In the House, 58 public bills were introduced, and the House agreed to H. Res. 198, the rule for the Senate amendment to H.R. 1319, by 219 yeas to 210 nays. The House also passed H.R. 842, the Protecting the Right to Organize Act of 2021, by 225 yeas to 206 nays, after rejecting the Banks motion to recommit.
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“Nominations (Cong. Rec., March 9, 2021).”
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D216 CONGRESSIONAL RECORD — DAILY DIGEST March 9, 2021
Tumwater; Jerry P. Abraham, Kedren Health Vac- be Associate Attorney General, both of the Depart-
cines, Los Angeles, California; Ashish K. Jha, Brown ment of Justice, after the nominees, who were intro-
University School of Public Health, Providence, duced by Senators Warner, Kaine, and Markey, testi-
Rhode Island; and Mary Ann Fuchs, Duke Univer- fied and answered questions in their own behalf.
sity Health System, Durham, North Carolina.
NOMINATIONS INTELLIGENCE
Committee on the Judiciary: Committee concluded a Select Committee on Intelligence: Committee met in
hearing to examine the nominations of Lisa O. closed session to receive a briefing on certain intel-
Monaco, of the District of Columbia, to be Deputy ligence matters from officials of the intelligence
Attorney General, and Vanita Gupta, of Virginia, to community.
h
House of Representatives
Agreed to:
Chamber Action Scott (VA) en bloc amendment No. 1 consisting
Public Bills and Resolutions Introduced: 58 pub- of the following amendments printed in part B of H.
lic bills, H.R. 1669–1726; and 16 resolutions, H.J. Rept. 117–10: Bourdeaux (No. 1) that clarifies that
Res. 30; H. Con. Res. 23; and H. Res. 199–212 nothing in this Act shall be construed to affect the
were introduced. Pages H1186–89 jurisdictional standards of the NLRB with respect to
Additional Cosponsors: Pages H1191–92 small businesses, including any standards those that
Report Filed: A report was filed today as follows: measure the size of a business with respect to reve-
H. Res. 198, providing for consideration of the nues, that are used to determine whether an industry
Senate amendment to the bill (H.R. 1319) to pro- is affecting commerce for purposes of determining
vide for reconciliation pursuant to title II of S. Con. coverage under the National Labor Relations Act;
Res. 5 (H. Rept. 117–11). Pages H1185–86
Davids (KS) (No. 4) that clarifies that the amend-
ments made under this Act shall not affect the pri-
Recess: The House recessed at 10:41 a.m. and re- vacy of employees with respect to voter lists pro-
convened at 12 noon. Page H1129
vided to labor organizations by employers pursuant
American Rescue Plan Act of 2021—Rule for to elections directed by the Board; Jackson Lee (No.
Consideration: The House agreed to H. Res. 198, 9) that provides whistleblower protections to em-
providing for consideration of the Senate amendment ployees who report violations of the Labor Manage-
to the bill (H.R. 1319) to provide for reconciliation ment Reporting and Disclosure Act (LMRDA) with
pursuant to title II of S. Con. Res. 5, by a yea-and- this amendment covering employees of employers as
nay vote of 219 yeas to 210 nays, Roll No. 66, after well as employees of labor unions; Levin (MI) (No.
the previous question was ordered by a yea-and-nay 11) that directs the National Labor Relations Board
vote of 216 yeas to 206 nays, Roll No. 65. to develop a system and procedures to conduct union
Pages H1164–74 representation elections electronically, as allowed by
Protecting the Right to Organize Act of 2021: the underlying legislation; McBath (No. 12) that
The House passed H.R. 842, to amend the National clarifies that nothing in this Act shall affect the defi-
Labor Relations Act, the Labor Management Rela- nitions of ‘‘employer’’ or ‘‘employee’’ under any state
tions Act, 1947, and the Labor-Management Report- law for wage, hour, worker’s compensation or unem-
ing and Disclosure Act of 1959, by a yea-and-nay ployment insurance; Murphy (FL) (No. 13) that re-
vote of 225 yeas to 206 nays, Roll No. 70. quires GAO, within one-and-a-half years from the
Pages H1134–63, H1174–78 date of enactment, to prepare a report on the im-
Rejected the Banks motion to recommit the bill pact—on workers and businesses across different sec-
to the Committee on Education and Labor, by a yea- tors—of the changes made by the bill to the defini-
and-nay vote of 206 yeas to 218 nays, Roll No. 69. tion of ‘‘employee’’ (the ‘‘ABC’’ test) and the defini-
Pages H1176–77 tion of ‘‘joint employer’’ under the National Labor
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Pursuant to the Rule, the amendment printed in Relations Act; the President is required to consider
part A of H. Rept. 117–10 shall be considered as the report and, within 60 days, may recommend that
adopted. Pages H1177–78 Congress modify one or both of these definitions or
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March 9, 2021 CONGRESSIONAL RECORD — DAILY DIGEST D217
make no recommendation; expresses the Sense of the striking workers permanently, and the NLRB has
House that the House shall consider whether to ac- held that ‘‘intermittent’’ strikes are not protected ac-
cept, reject, or modify any recommendations received tivity under the NLRA; Walberg (No. 18) that
from the President; Newman (No. 14) that specifies sought to strike the language in the bill requiring
the National Labor Relations Board’s regulations re- that a pre-election hearing begin no later than eight
garding notices to inform workers of their rights days after a notice of such hearing is served and re-
must address requirements for posting notices in the places the provision with language ensuring at least
languages spoken by the employees; Stevens (No. 15) 14 days between the filing of an election petition
that directs the GAO to conduct a report on sectoral and a hearing taking place; and Wilson (SC) (No.
bargaining in other countries; Tlaib (No. 16) that 19) that sought to amend Section 111 to strike cur-
establishes a 120-day timeline for the tripartite arbi- rent language and insert the national right-to-work
tration process between the employees/labor organi- language erasing automatic dues clauses (by a yea-
zation and employer in order to ensure that the arbi- and-nay vote of 185 yeas to 243 nays, Roll No. 68).
tration process is not indefinitely drawn out; and Pages H1160–63, H1175–76
Torres (NY) (No. 17) that revises the Labor-Manage- H. Res. 188, the rule providing for consideration
ment and Disclosure Act of 1959 to require the De-
partment of Labor to make disclosures under the of the bills (H.R. 842), (H.R. 8), and (H.R. 1446)
persuader rule publicly available in an accessible and was agreed to yesterday, March 8th.
searchable electronic form, and through a secure soft- Department of Veterans Affairs Veterans’ and
ware application for use on an electronic device (by Caregivers’ COVID–19 Immunizations Now Ex-
a yea-and-nay vote of 227 yeas to 196 nays, Roll panded Act of 2021: The House agreed to discharge
No. 67). Pages H1154–60, H1174–75 from committee and pass H.R. 1276, to authorize
Rejected: the Secretary of Veterans Affairs to furnish
Scott (VA) en bloc amendment No. 2 consisting COVID–19 vaccines to certain individuals, as
of the following amendments printed in part B of H. amended by Representative Takano. Page H1178
Rept. 117–10: Allen (No. 2) that sought to strike Select Committee on the Climate Crisis—Ap-
Section 111 in the bill, which overturns state right- pointment: The Chair announces the Speaker’s ap-
to-work laws; Comer (No. 3) that sought to strike pointment of the following Members to the Select
Sec. 202 of the bill which codifies the Obama Ad- Committee on the Climate Crisis: Representatives
ministration’s ‘‘persuader rule’’ requiring attorneys Palmer, Carter (GA), Miller (WV), Armstrong,
and consultants to disclose to DOL arrangements or Crenshaw, and Gonzalez (OH). Page H1178
agreements they have with employers regarding
unionization where the attorney or consultant will Senate Message: Message received from the Senate
not be communicating with employees; Fitzgerald by the Clerk and subsequently presented to the
(No. 5) that sought to require a labor organization House today appears on page H1134.
to receive express consent from the employee before Quorum Calls—Votes: Six yea-and-nay votes devel-
using his or her union dues for any purpose not di- oped during the proceedings of today and appear on
rectly related to the labor organization’s collective pages H1173–74, H1174, H1174–75, H1175–76,
bargaining or contract administration; Fulcher (No. H1176–77, and H1177–78.
6) that sought to codify ‘‘vote-and-impound’’ process
for blocking charges and 45-day decertification win- Adjournment: The House met at 10 a.m. and ad-
dow for voluntary recognition as set forth in the journed at 9:59 p.m.
NLRB’s August 12, 2019, Notice of Proposed Rule-
making; Good (VA) (No. 7) that sought to amend
section 302 of the Labor Management Relations Act Committee Meetings
to prohibit ‘‘neutrality agreements’’, to allow for
greater fairness and transparency for workers in their FDA’S FOREIGN DRUG INSPECTIONS
representation; Hern (No. 8) that sought to state PROGRAM
that the Act may not take effect until the Secretary Committee on Appropriations: Subcommittee on Agri-
of Labor certifies that the bill will not have an ad- culture, Rural Development, Food and Drug Admin-
verse impact on rates of employment in the United istration, and Related Agencies held a hearing enti-
States; Keller (No. 10) that sought to strike lan- tled ‘‘FDA’s Foreign Drug Inspections Program’’.
guage in the bill banning employers from perma- Testimony was heard from Mary Denigan-Macauley,
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nently replacing striking workers and language Director, Health Care, Public Health and Private
which permits intermittent striking; the NLRA cur- Markets, Government Accountability Office.
rently protects the right of employees to replace
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