House Report 116-392 — Providing for Consideration of the Resolution (H. Res. 826)
Summary
House Report 116-392, dated February 5, 2020, is a Committee on Rules report on House Resolution 833, submitted by DeSaulnier, with a record vote of 9 to 4 to report the resolution. The resolution provides for consideration of a resolution expressing disapproval of the Trump administration's harmful actions towards Medicaid, the Protecting the Right to Organize Act of 2019, and a bill making emergency supplemental appropriations for the fiscal year ending September 30, 2020. The report lists Rules Committee record votes, including a motion by Cole for an open rule, defeated 4-9, and a motion to report the rule, adopted 9-4. It prints the amendments made in order, including one by Crenshaw of Texas inserting "(increased by $45,000,000)".
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Cite this document
“House Report 116-392 — Providing for Consideration of the Resolution (H. Res. 826).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt392-crpt-116hrpt392/
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–392
PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 826) EX-
PRESSING DISAPPROVAL OF THE TRUMP ADMINISTRATION’S HARMFUL
ACTIONS TOWARDS MEDICAID; PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 2474) TO AMEND THE NATIONAL LABOR RELATIONS ACT,
THE LABOR MANAGEMENT RELATIONS ACT, 1947, AND THE LABOR-MAN-
AGEMENT REPORTING AND DISCLOSURE ACT OF 1959, AND FOR OTHER
PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R.
5687) MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2020, AND FOR OTHER PURPOSES
FEBRUARY 5, 2020.—Referred to the House Calendar and ordered to be printed
Mr. DESAULNIER, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 833]
The Committee on Rules, having had under consideration House
Resolution 833, by a record vote of 9 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H. Res. 826, Express-
ing disapproval of the Trump administration’s harmful actions to-
wards Medicaid, under a closed rule. The resolution provides one
hour of debate equally divided and controlled by the chair and
ranking minority member of the Committee on Energy and Com-
merce. The resolution waives all points of order against consider-
ation of H. Res. 826. The resolution provides that H. Res. 826 shall
be considered as read. Section 2 of the resolution provides for con-
sideration of H.R. 2474, the Protecting the Right to Organize Act
of 2019, under a structured rule. The resolution provides one hour
of debate equally divided and controlled by the chair and ranking
minority member of the Committee on Education and Labor. The
resolution waives all points of order against consideration of the
bill. The resolution provides that the amendment in the nature of
a substitute recommended by the Committee on Education and
Labor now printed in the bill, modified by the amendment printed
in part A of this report, shall be considered as adopted and the bill,
as amended, shall be considered as read. The resolution waives all
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points of order against provisions in the bill, as amended. The reso-
lution makes in order only those amendments printed in part B of
99–008
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this report. Each such amendment may be offered only in the order
printed in this report, may be offered only by a Member designated
in this report, shall be considered as read, shall be debatable for
the time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to amendment,
and shall not be subject to a demand for division of the question.
The resolution waives all points of order against the amendments
printed in Part B of this report. The resolution provides one motion
to recommit with or without instructions. The resolution provides
for consideration of H.R. 5687, the Emergency Supplemental Ap-
propriations for Disaster Relief and Puerto Rico Disaster Tax Relief
Act, 2020, under a structured rule. The resolution provides one
hour of general debate equally divided and controlled by the chair
and ranking minority member of the Committee on Appropriations.
The resolution waives all points of order against consideration of
the bill. The resolution provides that the bill shall be considered as
read. The resolution waives all points of order against provisions
in the bill. The resolution provides that clause 2(e) of rule XXI
shall not apply during consideration of the bill. The resolution
makes in order only those amendments printed in Part C of this
report. Each such amendment may be offered only in the order
printed in this report, may be offered only by a Member designated
in this report, shall be considered as read, shall be debatable for
the time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to amendment,
and shall not be subject to a demand for division of the question.
All points of order against the amendments printed in Part C of
this report are waived. The resolution provides one motion to re-
commit with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against consid-
eration of H. Res. 826, the Committee is not aware of any points
of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of H.R.
2474 includes a waiver of the following:
• Clause 12(b) of rule XXI, which prohibits consideration of a
bill unless there is a searchable electronic comparative print that
shows how the text of the bill as proposed to be considered differs
from the text of the bill as reported.
Although the resolution waives all points of order against provi-
sions in H.R. 2474, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against the
amendments to H.R. 2474 printed in this report, the Committee is
not aware of any points of order. The waiver is prophylactic in na-
ture.
The waiver of all points of order against consideration of H.R.
5687 includes waivers of the following:
• Section 302(f) of the Congressional Budget Act, which pro-
hibits consideration of legislation providing new budget authority
in excess of a 302(a) allocation of such authority.
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• Section 311 of the Congressional Budget Act, which prohibits
consideration of legislation that would cause the level of total new
budget authority for the first fiscal year to be exceeded, or would
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3
cause revenues to be less than the level of total revenues for the
first fiscal year or for the total of that first fiscal year and the en-
suing fiscal years for which allocations are provided, except when
a declaration of war by the Congress is in effect.
• Clause 10 of rule XXI, which prohibits consideration of a
measure that has a net effect of increasing the deficit or reducing
the surplus over the five- or 10-year period.
• Clause 12(a)(1) of rule XXI, which prohibits consideration of
a bill unless there is a searchable electronic comparative print that
shows how the bill proposes to change current law.
Although the resolution waives all points of order against provi-
sions in H.R. 5687, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against the
amendments to H.R. 5687 printed in this report, the Committee is
not aware of any points of order. The waiver is prophylactic in na-
ture.
COMMITTEE VOTES
The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
Rules Committee record vote No. 239
Motion by Mr. Cole to report an open rule for H.R. 5687, H.R.
2474, and H. Res. 826. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... Nay Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Mr. DeSaulnier .................................................. Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 240
Motion by Mr. Burgess to amend the rule to H.R. 2474 to make
in order amendment #11, offered by Rep. Stefanik (NY), which
strikes a provision that significantly narrows independent-con-
tractor status by defining a worker as an ‘‘employee’’ unless he or
she is ‘‘free from control and direction in connection with the per-
formance of the service, both under the contract for the perform-
ance of the service and in fact;’’ ‘‘the service is performed outside
the usual course of business of the employer;’’ and ‘‘the individual
is customarily engaged in an independently established trade, occu-
pation, profession, or business of the same nature as that involved
in the service performed.’’. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... Nay Mr. Cole ........................................................... Yea
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Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
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Majority Members Vote Minority Members Vote
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Mr. DeSaulnier .................................................. Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 241
Motion by Mrs. Lesko to amend the rule to H.R. 2474 to make
in order amendment #15, offered by Rep. Rooney (FL), which
amends the National Labor Relations Act to protect religious orga-
nizations. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... Nay Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Mr. DeSaulnier .................................................. Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 242
Motion by Mrs. Lesko to amend the rule to H.R. 2474 to make
in order amendment #19, offered by Rep. Smucker (PA), which re-
quires unions to receive express consent from a worker before using
his or her union dues for purposes other than collective bargaining.
Defeated: 4–9
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... Nay Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Mr. DeSaulnier .................................................. Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 243
Motion by Mr. DeSaulnier to report the rule. Adopted: 9–4
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... Yea Mr. Cole ........................................................... Nay
Mrs. Torres ....................................................... Yea Mr. Woodall ...................................................... Nay
Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay
Mr. Raskin ........................................................ Yea Mrs. Lesko ........................................................ Nay
Ms. Scanlon ...................................................... Yea
Mr. Morelle ....................................................... Yea
Ms. Shalala ...................................................... Yea
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Mr. DeSaulnier .................................................. Yea
Mr. McGovern, Chairman ................................. Yea
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SUMMARY OF THE AMENDMENT TO H.R. 2474 IN PART A CONSIDERED
AS ADOPTED
1. Scott, Bobby (VA): States that amendments under this Act
shall not be construed to amend section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a).
SUMMARY OF THE AMENDMENTS TO H.R. 2474 IN PART B MADE IN
ORDER
1. Morelle (NY): Clarifies that the ABC test included in the PRO
Act does not preempt any State laws governing the wages, work
hours, workers’ compensation, or unemployment insurance of em-
ployees. (10 minutes)
2. Foxx (NC): Strikes provision requiring that employers turn
over employees’ personal information to a labor union within two
days of the National Labor Relations Board ordering a representa-
tion election. (10 minutes)
3. Norcross (NJ): Requires that pre-election hearings before the
National Labor Relations Board (NLRB) are conducted on a day-to-
day basis. (10 minutes)
4. Roe (TN): Strikes provision allowing unions to be certified
without winning a secret ballot election under certain cir-
cumstances and replaces with a requirement that all unions win a
secret-ballot election in order to be certified. (10 minutes)
5. Wild (PA): Clarifies that this bill shall not be construed to af-
fect the privacy of employees with respect to voters’ lists provided
to labor organizations by employers pursuant to elections directed
by the Board. (10 minutes)
6. Allen (GA): Strikes provision overturning state right-to-work
laws. (10 minutes)
7. Hayes (CT): Codifies the current precedent of the National
Labor Relations Board governing voluntary recognition of a union
by an employer which ensures collective bargaining between the
union and employer can proceed for a reasonable period of time
(one year) without requiring an intervening election. (10 minutes)
8. Keller (PA): Strikes provisions of H.R. 2474 that allow inter-
mittent strikes and that makes it illegal for employers to replace
striking workers permanently. (10 minutes)
9. Stevens (MI): Directs the GAO to conduct a report on sectoral
bargaining in other countries. (10 minutes)
10. Meadows (NC), Norman (SC), Budd (NC), Wright (TX), Lam-
born (CO), Yoho (FL), Kustoff (TN), Weber (TX), Gohmert (TX),
Spano (FL), Bucshon (IN): Strikes provisions that impair States’
ability to enact right-to-work laws. (10 minutes)
11. Jackson Lee (TX): Provides whistleblower protections to em-
ployees who report violations of the Labor Management Reporting
and Disclosure Act (LMRDA). This amendment covers employees of
employers as well as employees of labor unions. (10 minutes)
12. Rooney (FL): Allows employees to petition for a union certifi-
cation election when fewer than 50% of current ‘unit members’
were members during the last election. (10 minutes)
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13. Vargas (CA): Requires regional directors to transmit the No-
tice of Election at the same time as the Direction of Election. Both
the Notice and the Direction must be transmitted electronically—
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including by email or fax—and if neither are possible, must be
transmitted by over-night mail. (10 minutes)
14. Tlaib (MI): Requires employers to post a Notice of a Petition
for Election within two days after the NLRB notifies an employer
and union about a pre-election hearing, thereby restoring the 2014
Election Rule. (10 minutes)
15. Lawrence (MI): Eliminates the waiting period for union elec-
tions and returns the requirement that NLRB’s regional directors
schedule elections as ‘‘early as practicable.’’ The amendment en-
sures that the election will happen no later than 20 days after it’s
directed, unless extraordinary circumstances warrant otherwise.
(10 minutes)
16. Rouda (CA): Clarifies that nothing in this Act shall be con-
strued to affect the jurisdictional standards of the NLRB with re-
spect to small businesses. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 5687 IN PART C MADE IN
ORDER
1. Shalala (FL), González-Colón, Jenniffer (PR), Hastings (FL),
McGovern (MA), Murphy, Stephanie (FL): Increases funding to con-
duct a study on the impacts on educational attainment, long-term
economic opportunities and well-being of students from Puerto Rico
who have had to disrupt or change their educational path due to
a natural disaster. (10 minutes)
2. González-Colón, Jenniffer (PR), DeLauro (CT), Soto (FL),
Velázquez (NY), Serrano (NY): Increases the amount for Puerto
Rico disaster nutrition assistance to $210,000,000. (10 minutes)
3. Plaskett (VI): Increases Department of Energy technical assist-
ance for the post-disaster recovery of electrical grids in U.S. terri-
tories by $3 million. (10 minutes)
4. Crenshaw (TX), Fletcher (TX): Appropriates an additional
$45,000,000 for the implementation of revised duplication of bene-
fits rules for those impacted by Hurricane Harvey. (10 minutes)
5. Tlaib (MI), Velázquez (NY), Ocasio-Cortez (NY): Ensures
meaningful access to individuals with limited English proficiency to
the public information maintained by grantees of the Department
of Housing and Urban Development’s Community Development
Fund. (10 minutes)
6. Levin, Andy (MI): Increases and decreases amount for Commu-
nity Development Fund by $1,000,000 to prioritize funding for re-
newable energy projects that will enhance the long-term resiliency
of Puerto Rico’s infrastructure. (10 minutes)
PART A—TEXT OF AMENDMENT TO H.R. 2474 CONSIDERED AS ADOPTED
Page 32, line 8, redesignate section 5 as section 6.
Page 32, after line 7, insert the following:
SEC. 5. RULE OF CONSTRUCTION.
The amendments made under this Act shall not be construed to
amend section 274A of the Immigration and Nationality Act (8
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U.S.C. 1324a).
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PART B—TEXT OF AMENDMENTS TO H.R. 2474 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MORELLE
OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 32, line 8, redesignate section 5 as section 6.
On page 32, after line 7, insert the following:
SEC. 5. RULE OF CONSTRUCTION.
The amendments made under this Act shall not be construed to
affect the definitions of ‘‘employer’’ or ‘‘employee’’ under the laws of
any State that govern the wages, work hours, workers’ compensa-
tion, or unemployment insurance of employees.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF
NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Beginning on page 14, line 25, strike ‘‘the names of all employ-
ees’’ and all that follows through ‘‘personal email addresses’’ on
page 15, line 4, and insert ‘‘the names of all employees in the bar-
gaining unit and not more than one additional form of personal
contact information for the employee, (such as a telephone number,
an email address, or a mailing address) chosen by the employee in
writing’’.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NORCROSS
OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 19, line 15, insert ‘‘and shall continue from day to day
until completed’’ after ‘‘organization’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROE OF
TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 7, line 22, strike ‘‘and’’.
Page 8, line 14, strike ‘‘and’’.
Page 8, line 18, strike the period and insert ‘‘; and’’.
Page 8, after line 18, insert the following:
‘‘(7) to recognize or bargain collectively with a labor organiza-
tion that has not been selected by a majority of such employees
in a secret ballot conducted by the board in accordance with
section 9.’’.
Page 9, beginning line 1, amend subparagraph (D) to read as fol-
lows:
(D) by adding at the end the following:
‘‘(6) to cause or attempt to cause an employer to recognize or
bargain collectively with a representative of a labor organiza-
tion that has not been selected by a majority of such employees
in a secret ballot election conducted by the Board in accordance
with section 9.’’.
Page 18, line 3, strike ‘‘(A) If the Board’’ and insert ‘‘If the
Board’’.
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Strike page 18, line 9, and all that follows through page 19, line
9.
Add at the end the following new section:
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SEC. l. SECRET BALLOT ELECTIONS.
(a) SECRET BALLOT ELECTION.—Section 9(a) of the National
Labor Relations Act (29 U.S.C. 159(a)) is amended by inserting
after ‘‘designated or selected’’ the following: ‘‘by a secret ballot elec-
tion conducted in accordance with this section’’.
(b) APPLICABILITY OF CERTAIN AMENDMENTS.—
(1) IN GENERAL.—The amendments described in paragraph
(2) shall not apply to collective bargaining relationships in
which a labor organization with majority support was lawfully
recognized before the date of the enactment of this Act.
(2) AMENDMENTS LISTED.—The amendments described under
this paragraph are the amendments—
(A) made under subsection (a) of this section;
(B) to subsection (a)(7) of section 8 of the National Labor
Relations Act (29 U.S.C. 158); and
(C) to subsection (b)(6) of such section of such Act.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILD OF
PENNSYLVANIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 32, line 8, redesignate section 5 as section 6.
On page 32, after line 7, insert the following:
SEC. 5. RULE OF CONSTRUCTION.
The amendments made under this Act shall not be construed to
affect the privacy of employees with respect to voter lists provided
to labor organizations by employers pursuant to elections directed
by the Board.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ALLEN OF
GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Strike subsection (k) of section 2.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HAYES OF
CONNECTICUT OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 19, line 18, strike ‘‘and’’ after the semicolon.
Page 19, line 20, striking the period at the end and insert ‘‘;
and’’.
Page 19, after line 20, insert the following:
(3) by adding at the end the following new subsection:
‘‘(f) The Board shall dismiss any petition for an election with re-
spect to a bargaining unit or any subdivision if, during the pre-
ceding 12-month period, the employer has recognized a labor orga-
nization without an election and in accordance with this Act.’’.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KELLER OF
PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
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Page 30, strike line 11 and all that follows through line 16.
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9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STEVENS
OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Redesignate section 5 as section 6, and insert after section 4 the
following:
SEC. 5. GAO REPORT ON SECTORAL BARGAINING.
(a) IN GENERAL.—Not later than 2 years after the date of enact-
ment of this Act, the Comptroller General, in consultation with the
persons described in subsection (b), shall prepare and submit to the
Committee on Education and Labor of the House of Representa-
tives and the Committee on Health, Education, Labor, and Pen-
sions of the Senate a report, that—
(1) identifies and analyzes the laws, policies, and procedures
in countries outside the United States governing collective bar-
gaining at the level of an industry sector, including the laws,
policies, and procedures involved in—
(A) the administrative system facilitating such bar-
gaining;
(B) how collective bargaining agreements are rendered
binding on all firms in an industry sector;
(C) defining an industry sector;
(D) the relationship between collective bargaining at the
level of an individual employer or group of employers and
at the level of an industry sector;
(E) the designation of representatives for collective bar-
gaining at the level of an industry sector;
(F) the scope of collective bargaining and impasses at
the level of an industry sector; and
(G) the provision or administration of benefits by labor
organizations (such as unemployment insurance), or union
security at the firm level or the level of an industry sector,
to cover the costs of collective bargaining at the level of an
industry sector;
(2) conducts a comparative analysis of the laws, policies, and
procedures specified in paragraph (1) that have been enacted
in countries outside the United States;
(3) to the extent practicable, identifies the effects of such
laws, policies, and procedures on—
(A) the wages and compensation of employees;
(B) the number of employees, disaggregated by full-time
and part-time employees;
(C) prices, sales, and revenues;
(D) employee turnover and retention;
(E) hiring and training costs;
(F) productivity and absenteeism; and
(G) the development of emerging industries, including
those that engage their workforces through technology;
and
(4) describes the methodology used to generate the informa-
tion in the report.
(b) EXPERT CONSULTATION.—The persons described in this sub-
section are—
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(1) workers and the labor organizations representing such
workers;
(2) representatives of businesses;
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10
(3) the National Labor Relations Board;
(4) the International Labor Organization; and
(5) the International Labor Affairs Bureau of the Depart-
ment of Labor.
(c) CONGRESSIONAL ASSESSMENT AND RECOMMENDATIONS.—Not
later than 60 days after the date on which the report is submitted
under subsection (a), the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate shall—
(1) assess the findings of such report; and
(2) make recommendations with respect to actions of Con-
gress to address the findings of such report.
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MEADOWS
OF NORTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Strike page 30, line 17, and all that follows through page 31, line
2.
11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON
LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 31, line 18, strike ‘‘Section 203(c)’’ and insert ‘‘(a) IN
GENERAL.—Section 203(c)’’.
On page 32, after line 7, insert the following:
(b) WHISTLEBLOWER PROTECTIONS.—The Labor-Management Re-
porting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is further
amended—
(1) by redesignating section 611 (29 U.S.C. 531) as section
612; and
(2) by inserting after section 610 (29 U.S.C. 530), the fol-
lowing new section:
‘‘WHISTLEBLOWER PROTECTIONS
‘‘SEC. 611.
‘‘(a) IN GENERAL.—No employer or labor organization shall termi-
nate or in any other way discriminate against, or cause to be termi-
nated or discriminated against, any applicant, covered employee, or
former covered employee, of the employer or the labor organization
by reason of the fact that such applicant, covered employee, or
former covered employee does, or the employer or labor organiza-
tion perceives the employee to do, any of the following:
‘‘(1) Provide, cause to be provided, or is about to provide or
cause to be provided, information to the labor organization, the
Department of Labor, or any other State, local, or Federal Gov-
ernment authority or law enforcement agency relating to any
violation of, or any act or omission that such employee reason-
ably believes to be a violation of, any provision of this Act.
‘‘(2) Testify or plan to testify or otherwise participate in any
proceeding resulting from the administration or enforcement of
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any provision of this Act.
‘‘(3) File, institute, or cause to be filed or instituted, any pro-
ceeding under this Act.
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‘‘(4) Assist in any activity described in paragraphs (1)
through (3).
‘‘(5) Object to, or refuse to participate in, any activity, policy,
practice, or assigned task that such covered employee reason-
ably believes to be in violation of any provision of this Act.
‘‘(b) DEFINITION OF COVERED EMPLOYEE.—For the purposes of
this section, the term ‘covered employee’ means any employee or
agent of an employer or labor organization, including any person
with management responsibilities on behalf of the employer or
labor organization.
‘‘(c) PROCEDURES AND TIMETABLES.—
‘‘(1) COMPLAINT.—
‘‘(A) IN GENERAL.—An applicant, covered employee, or
former covered employee who believes that he or she has
been terminated or in any other way discriminated against
by any person in violation of subsection (a) may file (or
have any person file on his or her behalf) a complaint with
the Secretary of Labor alleging such violation. Such a com-
plaint must be filed not later than either—
‘‘(i) 180 days after the date on which such alleged
violation occurs; or
‘‘(ii) 180 days after the date upon which the em-
ployee knows or should reasonably have known that
such alleged violation in subsection (a) occurred.
‘‘(B) ACTIONS OF SECRETARY OF LABOR.—Upon receipt of
such a complaint, the Secretary of Labor shall notify, in
writing, the person named in the complaint who is alleged
to have committed the violation, of—
‘‘(i) the filing of the complaint;
‘‘(ii) the allegations contained in the complaint;
‘‘(iii) the substance of evidence supporting the com-
plaint; and
‘‘(iv) opportunities that will be afforded to such per-
son under paragraph (2).
‘‘(2) INVESTIGATION BY SECRETARY OF LABOR.—
‘‘(A) IN GENERAL.—Not later than 60 days after the date
of receipt of a complaint filed under paragraph (1), and
after affording the complainant and the person named in
the complaint who is alleged to have committed the viola-
tion that is the basis for the complaint an opportunity to
submit to the Secretary of Labor a written response to the
complaint and an opportunity to meet with a representa-
tive of the Secretary of Labor to present statements from
witnesses, the Secretary of Labor shall—
‘‘(i) initiate an investigation and determine whether
there is reasonable cause to believe that the complaint
has merit; and
‘‘(ii) notify the complainant and the person alleged
to have committed the violation of subsection (a), in
writing, of such determination.
‘‘(B) GROUNDS FOR DETERMINATION OF COMPLAINTS.—The
Secretary of Labor shall dismiss a complaint filed under
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this subsection, and shall not conduct an investigation oth-
erwise required under paragraph (2), unless the complain-
ant makes a prima facie showing that any behavior de-
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12
scribed in paragraphs (1) through (5) of subsection (a) was
a contributing factor in the unfavorable personnel action
alleged in the complaint.
‘‘(3) BURDENS OF PROOF.—
‘‘(A) CRITERIA FOR DETERMINATION.—In making a deter-
mination or adjudicating a complaint pursuant to this sub-
section, the Secretary, an administrative law judge or a
court may determine that a violation of subsection (a) has
occurred only if the complainant demonstrates that any
conduct described in subsection (a) with respect to the
complainant was a contributing factor in the adverse ac-
tion alleged in the complaint.
‘‘(B) PROHIBITION.—Notwithstanding subparagraph (A),
a decision or order that is favorable to the complainant
shall not be issued in any administrative or judicial action
pursuant to this subsection if the respondent demonstrates
by clear and convincing evidence that the respondent
would have taken the same adverse action in the absence
of such conduct.
‘‘(C) NOTICE OF RELIEF AVAILABLE.—If the Secretary of
Labor concludes that there is reasonable cause to believe
that a violation of subsection (a) has occurred, the Sec-
retary of Labor shall, together with the notice under sub-
paragraph (A)(ii), issue a preliminary order providing the
relief prescribed by paragraph (4)(B).
‘‘(D) REQUEST FOR HEARING.—Not later than 30 days
after the date of receipt of notification of a determination
of the Secretary of Labor under this paragraph, either the
person alleged to have committed the violation or the com-
plainant may file objections to the findings or preliminary
order, or both, and request a hearing on the record. The
filing of such objections shall not operate to stay any rein-
statement remedy contained in the preliminary order. Any
such hearing shall be conducted expeditiously, and if a
hearing is not requested in such 30-day period, the pre-
liminary order shall be deemed a final order that is not
subject to judicial review.
‘‘(E) PROCEDURES.—
‘‘(i) IN GENERAL.—A hearing requested under this
paragraph shall be conducted expeditiously and in ac-
cordance with rules established by the Secretary for
hearings conducted by administrative law judges.
‘‘(ii) SUBPOENAS; PRODUCTION OF EVIDENCE.— In
conducting any such hearing, the administrative law
judge may issue subpoenas. The respondent or com-
plainant may request the issuance of subpoenas that
require the deposition of, or the attendance and testi-
mony of, witnesses and the production of any evidence
(including any books, papers, documents, or record-
ings) relating to the matter under consideration.
‘‘(4) ISSUANCE OF FINAL ORDERS; REVIEW PROCEDURES.—
‘‘(A) TIMING.—Not later than 120 days after the date of
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conclusion of any hearing under paragraph (2), the Sec-
retary of Labor shall issue a final order providing the relief
prescribed by this paragraph or denying the complaint. At
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13
any time before issuance of a final order, a proceeding
under this subsection may be terminated on the basis of
a settlement agreement entered into by the Secretary of
Labor, the complainant, and the person alleged to have
committed the violation.
‘‘(B) AVAILABLE RELIEF.—
‘‘(i) ORDER OF SECRETARY OF LABOR.—If, in response
to a complaint filed under paragraph (1), the Secretary
of Labor determines that a violation of subsection (a)
has occurred, the Secretary of Labor shall order the
person who committed such violation—
‘‘(I) to take affirmative action to abate the viola-
tion;
‘‘(II) to reinstate the complainant to his or her
former position, together with compensation (in-
cluding back pay with interest) and restore the
terms, conditions, and privileges associated with
his or her employment;
‘‘(III) to provide compensatory damages to the
complainant; and
‘‘(IV) expungement of all warnings, reprimands,
or derogatory references that have been placed in
paper or electronic records or databases of any
type relating to the actions by the complainant
that gave rise to the unfavorable personnel action,
and, at the complainant’s direction, transmission
of a copy of the decision on the complaint to any
person whom the complainant reasonably believes
may have received such unfavorable information.
‘‘(ii) COSTS AND EXPENSES.—If an order is issued
under clause (i), the Secretary of Labor, at the request
of the complainant, shall assess against the person
against whom the order is issued, a sum equal to the
aggregate amount of all costs and expenses (including
attorney fees and expert witness fees) reasonably in-
curred, as determined by the Secretary of Labor, by
the complainant for, or in connection with, the bring-
ing of the complaint upon which the order was issued.
‘‘(C) FRIVOLOUS CLAIMS.—If the Secretary of Labor finds
that a complaint under paragraph (1) is frivolous or has
been brought in bad faith, the Secretary of Labor may
award to the prevailing employer or labor organization a
reasonable attorney fee, not exceeding $1,000, to be paid
by the complainant.
‘‘(D) DE NOVO REVIEW.—
‘‘(i) FAILURE OF THE SECRETARY TO ACT.—If the Sec-
retary of Labor has not issued a final order within 270
days after the date of filing of a complaint under this
subsection, or within 90 days after the date of receipt
of a written determination, the complainant may bring
an action at law or equity for de novo review in the
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appropriate district court of the United States having
jurisdiction, which shall have jurisdiction over such an
action without regard to the amount in controversy,
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14
and which action shall, at the request of either party
to such action, be tried by the court with a jury.
‘‘(ii) PROCEDURES.—A proceeding under clause (i)
shall be governed by the same legal burdens of proof
specified in paragraph (3). The court shall have juris-
diction to grant all relief necessary to make the em-
ployee whole, including injunctive relief and compen-
satory damages, including—
‘‘(I) reinstatement with the same seniority sta-
tus that the employee would have had, but for the
discharge or discrimination;
‘‘(II) the amount of back pay, with interest;
‘‘(III) compensation for any special damages sus-
tained as a result of the discharge or discrimina-
tion, including litigation costs, expert witness fees,
and reasonable attorney fees; and
‘‘(IV) expungement of all warnings, reprimands,
or derogatory references that have been placed in
paper or electronic records or databases of any
type relating to the actions by the complainant
that gave rise to the unfavorable personnel action,
and, at the complainant’s direction, transmission
of a copy of the decision on the complaint to any
person whom the complainant reasonably believes
may have received such unfavorable information.
‘‘(E) OTHER APPEALS.—Unless the complainant brings an
action under subparagraph (D), any person adversely af-
fected or aggrieved by a final order issued under subpara-
graph (A) may file a petition for review of the order in the
United States Court of Appeals for the circuit in which the
violation with respect to which the order was issued, alleg-
edly occurred or the circuit in which the complainant re-
sided on the date of such violation, not later than 60 days
after the date of the issuance of the final order of the Sec-
retary of Labor under subparagraph (A). Review shall con-
form to chapter 7 of title 5, United States Code. The com-
mencement of proceedings under this subparagraph shall
not, unless ordered by the court, operate as a stay of the
order. An order of the Secretary of Labor with respect to
which review could have been obtained under this sub-
paragraph shall not be subject to judicial review in any
criminal or other civil proceeding.
‘‘(5) FAILURE TO COMPLY WITH ORDER.—
‘‘(A) ACTIONS BY THE SECRETARY.—If any person has
failed to comply with a final order issued under paragraph
(4), the Secretary of Labor may file a civil action in the
United States district court for the district in which the
violation was found to have occurred, or in the United
States district court for the District of Columbia, to enforce
such order. In actions brought under this paragraph, the
district courts shall have jurisdiction to grant all appro-
priate relief including injunctive relief, compensatory and
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punitive damages.
‘‘(B) CIVIL ACTIONS TO COMPEL COMPLIANCE.—A person
on whose behalf an order was issued under paragraph (4)
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may commence a civil action against the person to whom
such order was issued to require compliance with such
order. The appropriate United States district court shall
have jurisdiction, without regard to the amount in con-
troversy or the citizenship of the parties, to enforce such
order.
‘‘(C) AWARD OF COSTS AUTHORIZED.—The court, in
issuing any final order under this paragraph, may award
costs of litigation (including reasonable attorney and ex-
pert witness fees) to any party, whenever the court deter-
mines such award is appropriate.
‘‘(D) MANDAMUS PROCEEDINGS.—Any nondiscretionary
duty imposed by this section shall be enforceable in a man-
damus proceeding brought under section 1361 of title 28,
United States Code.
‘‘(d) UNENFORCEABILITY OF CERTAIN AGREEMENTS.—Notwith-
standing any other provision of law, the rights and remedies pro-
vided for in this section may not be waived by any agreement, pol-
icy, form, or condition of employment, including by any predispute
arbitration agreement.
‘‘(e) SAVINGS.—Nothing in this subsection shall be construed to
diminish the rights, privileges, or remedies of any employee who
exercises rights under any Federal or State law or common law, or
under any collective bargaining agreement.’’.
12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROONEY
OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 16, beginning line 1, strike subparagraph (A) and insert the
following:
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘or’’ at the end;
(ii) in subparagraph (B), by adding ‘‘or’’ at the end;
and
(iii) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) by an employee or a group of employees or any indi-
vidual or labor organization acting in their behalf, or an
employer, alleging that the labor organization that has
been certified or is currently recognized by the employer as
the bargaining representative is no longer a representative
as defined in subsection (a), if—
‘‘(i) fewer than 50 percent of the members of the bar-
gaining unit in question had an opportunity to vote in
the certification election that resulted in certifying the
labor organization then recognized as the bargaining
representative for such unit; or
‘‘(ii) no certification election was conducted regard-
ing such unit;’’;
Page 17, after line 8, insert the following:
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(B) in paragraph (2), by adding at the end the following:
‘‘When a petition is filed under paragraph (1)(C), a ques-
tion of representation affecting commerce exists if the peti-
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16
tioner establishes the existence of the circumstances de-
scribed in paragraph (1)(C)(i) or paragraph (1)(C)(ii).’’;
13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VARGAS
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 19, line 15, strike ‘‘and’’.
On page 19, after line 15, insert the following:
‘‘(B) a regional director shall transmit the notice of elec-
tion at the same time as the direction of election, and shall
transmit such notice and such direction electronically (in-
cluding transmission by email or facsimile) or by overnight
mail if electronic transmission is unavailable; and’’.
On page 19, line 16, strike ‘‘(B)’’ and insert ‘‘(C)’’.
14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TLAIB OF
MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 19, line 15, strike ‘‘and’’.
On page 19, after line 15, insert the following:
‘‘(B) not later than 2 days after the service of the notice
of hearing, the employer shall—
‘‘(i) post the Notice of Petition for Election in con-
spicuous places, including all places where notices to
employees are customarily posted;
‘‘(ii) if the employer customarily communicates with
employees electronically, distribute such Notice elec-
tronically; and
‘‘(iii) maintain such posting until the petition is dis-
missed or withdrawn or the Notice of Petition for Elec-
tion is replaced by the Notice of Election; and’’.
On page 19, line 16, strike ‘‘(B)’’ and insert ‘‘(C)’’.
15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAW-
RENCE OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
On page 19, line 15, strike ‘‘and’’.
On page 19, after line 15, insert the following:
‘‘(B) regional directors shall schedule elections for the
earliest date practicable, but not later than the 20th busi-
ness day after the direction of election; and’’.
On page 19, line 16, strike ‘‘(B)’’ and insert ‘‘(C)’’.
16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROUDA OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Redesignate section 5 as section 6.
After section 4, insert the following:
SEC. 5. RULE OF CONSTRUCTION.
The amendments made by this Act shall not be construed to af-
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fect the jurisdictional standards of the National Labor Relations
Board, including any standards that measure the size of a business
with respect to revenues, that are used to determine whether an
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17
industry is affecting commerce for purposes of determining cov-
erage under the National Labor Relations Act (29 U.S.C. 151 et
seq.).
PART C—TEXT OF AMENDMENTS TO H.R. 5687 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHALALA
OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 3, line 25, after the dollar amount, insert ‘‘(increased by
$1,000,000)’’.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GONZÁLEZ–
COLÓN OF PUERTO RICO OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 27, line 7, after the dollar amount, insert ‘‘(increased by
$170,000,000)’’.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PLASKETT
OF VIRGIN ISLANDS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 3, line 5, after the dollar amount, insert ‘‘(increased by
$3,000,000)’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CRENSHAW
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 20, line 7, after the dollar amount, insert ‘‘(increased by
$45,000,000)’’.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TLAIB OF
MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 16, line 11, insert after ‘‘information’’ the following: ‘‘, en-
suring meaningful access for individuals with limited English pro-
ficiency in accordance with the Final Guidance issued by the De-
partment of Housing and Urban Development on January 22, 2007
(72 Fed. Reg. 2732),’’.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 12, line 18, after the dollar amount, insert ‘‘(reduced by
$1,000,000)(increased by $1,000,000)’’.
Æ
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