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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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Crpt Crpt 116Hrpt392 Crpt 116Hrpt392
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Crpt Crpt 116Hrpt392 Crpt 116Hrpt392

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/, SHA-256 18edcd4360d9fc42a2c092c38937f33300281454522aae5ab49a49d3f55a44ff.

Full text

                                                                                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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                                                                                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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                                                                                                                                11

                                                                                        ‘‘(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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                                                                                             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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                                                                                                   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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