Providing for Consideration of H.R. 842, H.R. 8, and H.R. 1446 — House Report 117-10
Summary
This is House Report 117-10 of the 117th Congress, 1st Session, from the Committee on Rules, referred to the House Calendar and ordered to be printed March 8, 2021. Mr. DeSaulnier reports on House Resolution 188, by a record vote of 8 to 3, which provides for consideration of H.R. 842, H.R. 8, and H.R. 1446. The report states that the resolution provides for consideration of H.R. 842, the Protecting the Right to Organize Act of 2021, H.R. 8, the Bipartisan Background Checks Act of 2021, and H.R. 1446, the Enhanced Background Checks Act of 2021, each under a structured rule with one hour of general debate. It describes the amendment procedures for each bill.
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“Providing for Consideration of H.R. 842, H.R. 8, and H.R. 1446 — House Report 117-10.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–10
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 842) TO AMEND THE
NATIONAL LABOR RELATIONS ACT, THE LABOR-MANAGEMENT RELA-
TIONS ACT, 1947, AND THE LABOR-MANAGEMENT REPORTING AND DIS-
CLOSURE ACT OF 1959, AND FOR OTHER PURPOSES; PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 8) TO REQUIRE A BACKGROUND
CHECK FOR EVERY FIREARM SALE; PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 1446) TO AMEND CHAPTER 44 OF TITLE 18, UNITED
STATES CODE, TO STRENGTHEN THE BACKGROUND CHECK PROCE-
DURES TO BE FOLLOWED BEFORE A FEDERAL FIREARMS LICENSEE
MAY TRANSFER A FIREARM TO A PERSON WHO IS NOT SUCH A LI-
CENSEE; AND FOR OTHER PURPOSES
MARCH 8, 2021.—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. 188]
The Committee on Rules, having had under consideration House
Resolution 188, by a record vote of 8 to 3, 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.R. 842, the Pro-
tecting the Right to Organize Act of 2021, 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 Education and Labor or their designees. The resolu-
tion waives all points of order against consideration of the bill. The
resolution provides that 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 points of
order against provisions in the bill, as amended. The resolution
provides that following debate, each further amendment printed in
part B of this report not earlier considered as part of amendments
en bloc pursuant to section 3 shall be considered 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
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the proponent and an opponent, may be withdrawn by the pro-
ponent at any time before the question is put thereon, shall not be
19–008
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2
subject to amendment, and shall not be subject to a demand for di-
vision of the question. The resolution provides that at any time
after debate the chair of the Committee on Education and Labor
or his designee may offer amendments en bloc consisting of further
amendments printed in part B of this report not earlier disposed
of. Amendments en bloc shall be considered as read, shall be debat-
able for 20 minutes equally divided and controlled by the chair and
ranking minority member of the Committee on Education and
Labor or their designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question. The
resolution provides one motion to recommit. The resolution pro-
vides for consideration of H.R. 8, the Bipartisan Background
Checks Act of 2021, under a structured rule. The resolution pro-
vides one hour of general debate equally divided and controlled by
the chair and ranking minority member of the Committee on the
Judiciary or their designees. 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 pro-
vides that following debate, each further amendment printed in
part C of this report not earlier considered as part of amendments
en bloc pursuant to section 6 shall be considered 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, may be withdrawn by the pro-
ponent at any time before the question is put thereon, shall not be
subject to amendment, and shall not be subject to a demand for di-
vision of the question. The resolution provides that at any time
after debate the chair of the Committee on the Judiciary or his des-
ignee may offer amendments en bloc consisting of further amend-
ments printed in part C of this report not earlier disposed of.
Amendments en bloc shall be considered as read, shall be debatable
for 20 minutes equally divided and controlled by the chair and
ranking minority member of the Committee on the Judiciary or
their designees, shall not be subject to amendment, and shall not
be subject to a demand for division of the question. The resolution
provides one motion to recommit. The resolution provides for con-
sideration of H.R. 1446, the Enhanced Background Checks Act of
2021, 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 the Judiciary or
their designees. 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 fol-
lowing debate, each further amendment printed in part D of this
report not earlier considered as part of amendments en bloc pursu-
ant to section 9 shall be considered 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 speci-
fied in this report equally divided and controlled by the proponent
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and an opponent, may be withdrawn by the proponent at any time
before the question is put thereon, shall not be subject to amend-
ment, and shall not be subject to a demand for division of the ques-
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3
tion. The resolution provides that at any time after debate the
chair of the Committee on the Judiciary or his designee may offer
amendments en bloc consisting of further amendments printed in
part D of this report not earlier disposed of. Amendments en bloc
shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority
member of the Committee on the Judiciary or their designees, shall
not be subject to amendment, and shall not be subject to a demand
for division of the question. The resolution provides one motion to
recommit. The resolution waives all points of order against amend-
ments printed in Parts B, C, and D of this report or amendments
en bloc described in sections 3, 6, and 9 of the resolution. Section
11 of the resolution provides that on any legislative day during the
period from March 13, 2021, through April 22, 2021—(a) the Jour-
nal of the proceedings of the previous day shall be considered as
approved; and (b) the Chair may at any time declare the House ad-
journed to meet at a date and time, within the limits of clause 4,
section 5, article I of the Constitution, to be announced by the
Chair in declaring the adjournment. The resolution provides that
the Speaker may appoint Members to perform the duties of the
Chair for the duration of the period addressed by section 11 of the
resolution as though under clause 8(a) of rule I. The resolution pro-
vides that each day during the period addressed by section 11 of
the resolution shall not constitute a calendar day for purposes of
section 7 of the War Powers Resolution (50 U.S.C. 1546). The reso-
lution provides that each day during the period addressed by sec-
tion 11 of the resolution shall not constitute a legislative day for
purposes of clause 7 of rule XIII. The resolution provides that each
day during the period addressed by section 11 of the resolution
shall not constitute a calendar or legislative day for purposes of
clause 7(c)(1) of rule XXII. The resolution provides that it shall be
in order at any time through the calendar day of April 22, 2021,
for the Speaker to entertain motions that the House suspend the
rules as though under clause 1 of rule XV. The Speaker or her des-
ignee shall consult with the Minority Leader or his designee on the
designation of any matter for consideration pursuant to this sec-
tion. The resolution provides that the requirement of clause 6(a) of
rule XIII for a two-thirds vote to consider a report from the Com-
mittee on Rules on the same day it is presented to the House is
waived with respect to any resolution reported through the legisla-
tive day of April 22, 2021. The resolution amends Section 4(d) of
House Resolution 8, One Hundred Seventeenth Congress, by—(a)
in paragraph (3), striking ‘‘and’’; (b) in paragraph (4), striking the
period and inserting ‘‘; and’’; and (c) adding at the end the fol-
lowing: ‘‘(5) the Select Committee shall be composed of 16 Mem-
bers, Delegates, or the Resident Commissioner appointed by the
Speaker, of whom 7 shall be appointed on the recommendation of
the Minority Leader.’’.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of H.R.
842 includes a waiver of the following:
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—Section 303 of the Congressional Budget Act, which prohibits
consideration of legislation providing new budget authority, change
in revenues, change in public debt, new entitlement authority or
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4
new credit authority for a fiscal year until the budget resolution for
that year has been agreed to.
Although the resolution waives all points of order against provi-
sions in H.R. 842, 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 consid-
eration of H.R. 8, 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 provi-
sions in H.R. 8, 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 consid-
eration of H.R. 1446, 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 provi-
sions in H.R. 1446, 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 printed in Parts B, C, and D of this report or against
amendments en bloc described in sections 3, 6, and 9 of the resolu-
tion, the Committee is not aware of any points of order. The waiver
is prophylactic in nature.
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. 54
Motion by Mr. Cole to report an open rule for H.R. 8, H.R. 842,
and H.R. 1446. Defeated: 3–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... ...................
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 55
Motion by Mr. Reschenthaler to amend the rule to H.R. 8 to
make in order amendment #34, offered by Rep. Steube (FL), which
adds a new exemption to the background check requirement, allow-
ing the transfer of a firearm to the spouse of a deployed member
of the Armed Forces of the United States. Defeated: 3–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... ...................
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Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
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Majority Members Vote Minority Members Vote
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 56
Motion by Mr. Reschenthaler to amend the rule to H.R. 8 to
make in order amendment #35, offered by Rep. Steube (FL), which
adds a new exemption to the background check requirement, allow-
ing the transfer of a firearm to an individual who has a valid
State-issued permit to purchase or license to own a firearm. De-
feated: 3–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... ...................
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 57
Motion by Mrs. Fischbach to amend the rule to H.R. 842 to make
in order amendment #52, offered by Rep. Foxx (NC), which re-
quires unions that have had at least one president or vice president
convicted of a felony related to financial malfeasance with respect
to the union within the past three years to file more detailed finan-
cial disclosures with the Department of Labor’s Office of Labor-
Management Standards. Defeated: 3–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... ...................
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 58
Motion by Mrs. Fischbach to amend the rule to H.R. 8 to make
in order amendment #32, offered by Rep. Chabot (OH), which adds
a new exemption to the background check requirement, allowing a
transfer of firearms to or from a museum or historical display. De-
feated: 3–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... ...................
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Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
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Majority Members Vote Minority Members Vote
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote no. 59
Motion by Ms. Scanlon to report the rule. Adopted: 8–3
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Nay
Mrs. Torres ....................................................... Yea Mr. Burgess ..................................................... ...................
Mr. Perlmutter .................................................. Yea Mr. Reschenthaler ............................................ Nay
Mr. Raskin ........................................................ Yea Mrs. Fischbach ................................................ Nay
Ms. Scanlon ...................................................... Yea
Mr. Morelle ....................................................... Yea
Mr. DeSaulnier .................................................. Yea
Ms. Ross ........................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENT TO H.R. 842 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. 842 IN PART B MADE IN
ORDER
1. Bourdeaux (GA): Clarifies that nothing in this Act shall be
construed to affect the jurisdictional standards of the NLRB with
respect to small businesses, including any standards those that
measure the size of a business with respect to revenues, that are
used to determine whether an industry is affecting commerce for
purposes of determining coverage under the National Labor Rela-
tions Act. (10 minutes)
2. Allen (GA), Cline (VA): Strikes Section 111 in the bill, which
overturns state right-to-work laws. (10 minutes)
3. Comer (KY): Strikes Sec. 202 of the bill which codifies the
Obama Administration’s ‘‘persuader rule’’ requiring attorneys and
consultants to disclose to DOL arrangements or agreements they
have with employers regarding unionization where the attorney or
consultant will not be communicating with employees. (10 minutes)
4. Davids (KS): Clarifies that the amendments made under this
Act shall not affect the privacy of employees with respect to voter
lists provided to labor organizations by employers pursuant to elec-
tions directed by the Board. (10 minutes)
5. Fitzgerald (WI): Requires a labor organization to receive ex-
press consent from the employee before using his or her union dues
for any purpose not directly related to the labor organization’s col-
lective bargaining or contract administration. (10 minutes)
6. Fulcher (ID): Codifies ‘‘vote-and-impound’’ process for blocking
charges and 45-day decertification window for voluntary recogni-
tion as set forth in the NLRB’s August 12, 2019, Notice of Proposed
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Rulemaking. (10 minutes)
7. Good (VA): Amends section 302 of the Labor Management Re-
lations Act to prohibit ‘‘neutrality agreements’’, to allow for greater
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7
fairness and transparency for workers in their representation. (10
minutes)
8. Hern (OK): States that the Act may not take effect until the
Secretary of Labor certifies that the bill will not have an adverse
impact on rates of employment in the United States. (10 minutes)
9. Jackson Lee (TX): Provides whistleblower protections to em-
ployees who report violations of the Labor Management Reporting
and Disclosure Act (LMRDA) with this amendment covering em-
ployees of employers as well as employees of labor unions. (10 min-
utes)
10. Keller (PA): Strikes language in the bill banning employers
from permanently replacing striking workers and language which
permits intermittent striking. The NLRA currently protects the
right of employees to replace striking workers permanently, and
the NLRB has held that ‘‘intermittent’’ strikes are not protected ac-
tivity under the NLRA. (10 minutes)
11. Levin, Andy (MI): Directs the National Labor Relations Board
to develop a system and procedures to conduct union representa-
tion elections electronically, as allowed by the underlying legisla-
tion. (10 minutes)
12. McBath (GA), Phillips (MN), Morelle (NY), Murphy, Steph-
anie (FL), Schrader (OR): Clarifies that nothing in this Act shall
affect the definitions of ‘‘employer’’ or ‘‘employee’’ under any state
law for wage, hour, worker’s compensation or unemployment insur-
ance. (10 minutes)
13. Murphy, Stephanie (FL), McBath (GA), Peters (CA), Phillips
(MN), Case (HI), Cuellar (TX), Schrader (OR), Rice, Kathleen (NY):
Requires GAO, within one-and-a-half years from the date of enact-
ment, to prepare a report on the impact—on workers and busi-
nesses across different sectors—of the changes made by the bill to
the definition of ‘‘employee’’ (the ‘‘ABC’’ test) and the definition of
‘‘joint employer’’ under the National Labor Relations Act. The
President is required to consider the report and, within 60 days,
may recommend that Congress modify one or both of these defini-
tions or make no recommendation. Expresses the Sense of the
House that the House shall consider whether to accept, reject, or
modify any recommendations received from the President. (10 min-
utes)
14. Newman (IL): Specifies the National Labor Relations Board’s
regulations regarding notices to inform workers of their rights
must address requirements for posting notices in the languages
spoken by the employees. (10 minutes)
15. Stevens (MI): Directs the GAO to conduct a report on sectoral
bargaining in other countries. (10 minutes)
16. Tlaib (MI): Establishes a 120-day timeline for the tripartite
arbitration process between the employees/labor organization and
employer in order to ensure that the arbitration process is not in-
definitely drawn out. (10 minutes)
17. Torres, Ritchie (NY): Revises the Labor-Management and
Disclosure Act of 1959 to require the Department of Labor to make
disclosures under the persuader rule publicly available in an acces-
sible and searchable electronic form, and through a secure software
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application for use on an electronic device. (10 minutes)
18. Walberg (MI): Strike the language in the bill requiring that
a pre-election hearing begin no later than eight days after a notice
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of such hearing is served and replaces the provision with language
ensuring at least 14 days between the filing of an election petition
and a hearing taking place. (10 minutes)
19. Wilson, Joe (SC), Allen (GA), Gohmert (TX), Burgess (TX),
Weber (TX), Cline (VA), Norman (SC), Bishop, Dan (NC), McClin-
tock (CA), Issa (CA), Timmons (SC), Mann (KS), Rutherford (FL),
Lesko (AZ), Harshbarger (TN), Tiffany, Thomas (WI): Amends Sec-
tion 111 to strike current language and insert the national right-
to-work language erasing automatic dues clauses. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 8 IN PART C MADE IN ORDER
1. Clyde (GA): Requires the Attorney General, the Comptroller
General, and a nongovernmental organization to each conduct a
study, within 180 days of enactment, to determine how and to what
extent the provisions of this Act will reduce rates of violent crime
and gun violence. (10 minutes)
2. Crist (FL): Requires an alien lawfully admitted to the United
States under a non-immigrant visa to obtain the approval of the
Attorney General before receiving a firearm. (10 minutes)
3. Crow (CO): Expands the background check exemption for
hunting and fishing to also include pest remediation associated
with ranching and farming. (10 minutes)
4. Garcia, Sylvia (TX): Requires the Attorney General to make
available to any person licensed under this chapter both Spanish
and English versions of the form required for the conduct of a back-
ground check. (10 minutes)
5. Jackson Lee (TX): Makes clear that a gun owner who realizes
that he or she is at risk of suicide may transfer the gun to someone
else, if the risk is imminent, without a background check to pre-
vent self-harm. (10 minutes)
6. Lamb (PA), Rice, Tom (SC): Clarifies that no background check
is required for exchanges of firearms between family members and
rather should be viewed, between family members, as two simulta-
neous gifts. (10 minutes)
7. Newman (IL), Porter (CA): Requires a report to Congress,
within 150 day after enactment, analyzing the effect, if any, of this
Act on the safety of victims of domestic violence, domestic abuse,
dating partner violence, sexual assault, and stalking. (10 minutes)
8. Torres, Ritchie (NY): Revises the purpose of the Act to explic-
itly prohibit gun purchases for certain individuals who do not pass
background checks. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 1446 IN PART D MADE IN
ORDER
1. Burgess (TX): Requires the Department of Justice Inspector
General to submit a report to Congress on the number of NICS de-
nials referred for investigation after a firearm was sold to a person
who was later found to be ineligible. (10 minutes)
2. Levin, Mike (CA): Adds to the GAO reports in the bill, which
are to be completed one year, three years, and five years after en-
actment, data disaggregated by state and the basis for denial in
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state law. (10 minutes)
3. McBath (GA): Amends the domestic violence reporting provi-
sion to require that the effects of the Act on domestic violence, do-
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9
mestic abuse, dating partner violence, sexual assault, and stalking
will be disaggregated by state. (10 minutes)
4. Neguse (CO), Schneider (IL): Strikes section 4 and replaces it
to require the Director of the Federal Bureau of Investigation to
make an annual report, which shall be available to the public, that
provides disaggregated information on background check denials
not made within the 10-day period. (10 minutes)
PART A—TEXT OF AMENDMENT TO H.R. 842 CONSIDERED AS ADOPTED
Page 34, after line 13, insert the following:
SEC. 303. RULE OF CONSTRUCTION.
The amendments made under this Act shall not be construed to
amend section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a).
In the table of contents, after the matter relating to section 302,
insert the following:
Sec. 303. Rule of Construction.
PART B—TEXT OF AMENDMENTS TO H.R. 842 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
BOURDEAUX OF GEORGIA OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
On page 34, after line 13, insert the following:
SEC. 303. RULE OF CONSTRUCTION.
The amendments made by this Act shall not be construed to af-
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
industry is affecting commerce for purposes of determining cov-
erage under the National Labor Relations Act (29 U.S.C. 151 et
seq.).
In the table of contents, after the matter relating to section 302,
insert the following:
Sec. 303. Rule of Construction.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ALLEN OF
GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 3, in the table of contents, strike the item relating to sec-
tion 111. Beginning on page 32, line 5, strike section 111.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COMER OF
KENTUCKY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
In title II of the bill, strike Sec. 202.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIDS OF
KANSAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
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On page 3, in the table of contents, insert after the matter re-
lated to section 302 the following:
Sec. 303. Rule of Construction
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10
On page 34, after line 13, insert the following:
SEC. 303. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall
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.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FITZ-
GERALD OF WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 33, line 13, strike ‘‘Section 203(c)’’ and insert ‘‘(A) REPORT
TO EMPLOYERS.—Section 203(c)’’.
Page 34, after line 2, add at the end the following:
(b) RIGHT NOT TO SUBSIDIZE UNION NON-REPRESENTATIONAL AC-
TIVITIES.—Title I of the Labor-Management Reporting and Disclo-
sure Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at
the end the following:
‘‘SEC. 106. RIGHT NOT TO SUBSIDIZE UNION NON REPRESENTATIONAL
ACTIVITIES.
‘‘No employee’s union dues, fees, or assessments or other con-
tributions shall be used or contributed to any person, organization,
or entity for any purpose not directly related to the labor organiza-
tion’s collective bargaining or contract administration functions on
behalf of the represented unit employee unless the employee mem-
ber, or nonmember required to make such payments as a condition
of employment, authorizes such expenditure in writing, after a no-
tice period of not less than 35 days. An initial authorization pro-
vided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is
signed by the employee. There shall be no automatic renewal of an
authorization under this section.’’.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FULCHER
OF IDAHO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 14, beginning on line 22, in section 105, redesignate para-
graphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively.
Page 14, line 25, insert before paragraph (2) (as so redesignated)
the following:
(1) in subsection (a), by adding at the end the following: ‘‘: Pro-
vided further, That an employer’s voluntary recognition of a labor
organization as exclusive bargaining representative of an appro-
priate unit of the employer’s employees under this subsection, and
any collective- bargaining agreement executed by the parties on or
after the date of voluntary recognition, will not bar the processing
of an election petition unless (1) the employer and labor organiza-
tion notify the Regional office that recognition has been granted; (2)
the employer posts a notice of recognition (provided by the Regional
Office) informing employees that recognition has been granted and
that they have a right, during a 45- day period to file a decertifica-
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tion or rival-union petition; and (3) 45 days from the posting date
pass without a properly supported petition being filed.’’;
Page 19, after line 18, insert the following:
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11
‘‘(9) Whenever any party to a representation proceeding files an
unfair labor practice charge together with a request that it block
the election process, or whenever any party to a representation pro-
ceeding requests that its previously filed unfair labor practice
charge block the election process, the party shall simultaneously
file, but not serve on any other party, a written offer of proof in
support of the charge. The offer of proof shall provide the names
of the witnesses who will testify in support of the charge and a
summary of each witness’’s anticipated testimony. The party seek-
ing to block the election process shall also promptly make available
to the regional director the witnesses identified in its offer of proof.
The regional director shall continue to process the petition and con-
duct the election. If the charge has not been withdrawn, dismissed,
or settled prior to the conclusion of the election, the ballots shall
be impounded until there is a final determination regarding the
charge and its effect, if any, on the election petition or fairness of
the election.’’;
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOOD OF
VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 14, line 23, strike ‘‘Section 9’’ and insert ‘‘(a) IN GENERAL.—
Section 9’’.
Page 21, after line 7, insert the following:
(b) PROHIBITION OF NEUTRALITY AGREEMENTS.—Section 302 of
the Labor Management Relations Act (29 U.S.C. 186) is amended—
(1) in subsection (a), in the matter preceding paragraph (1),
by striking ‘‘or deliver’’ each place it appears and inserting
‘‘provide, or deliver’’; and
(2) by adding at the end the following:
‘‘(h) As used in this section, the term ‘thing of value’ includes or-
ganizing assistance.’’.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HERN OF
OKLAHOMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 3, in the table of contents, after the item relating to section
302 add at the end the following:
Sec. 304. Effective date.
Page 34, after line 13, add the following:
SEC. 304. EFFECTIVE DATE.
This Act (and the amendments made by such Act) may not take
effect until the Secretary of Labor certifies that this Act will not
have an adverse impact on rates of employment in the United
States.
9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON
LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
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On page 33, line 13, strike ‘‘Section 203(c)’’ and insert ‘‘(a) IN
GENERAL.—Section 203(c)’’.
On page 34, after line 2, insert the following:
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12
(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
employer, the Department of Labor, or any other State, local,
or Federal Government authority or law enforcement agency
relating to any violation of, or any act or omission that such
employee reasonably 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
any provision of this Act.
‘‘(3) File, institute, or cause to be filed or instituted, any pro-
ceeding under this Act.
‘‘(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
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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
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13
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
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-
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-
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retary of Labor shall, together with the notice under para-
graph (2)(A)(ii), issue a preliminary order providing the re-
lief prescribed by paragraph (4)(B).
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14
‘‘(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
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
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
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paper or electronic records or databases of any
type relating to the actions by the complainant
that gave rise to the unfavorable personnel action,
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15
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
appropriate district court of the United States having
jurisdiction, which shall have jurisdiction over such an
action without regard to the amount in controversy,
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
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of a copy of the decision on the complaint to any
person whom the complainant reasonably believes
may have received such unfavorable information.
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16
‘‘(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
punitive damages.
‘‘(B) CIVIL ACTIONS TO COMPEL COMPLIANCE.—A person
on whose behalf an order was issued under paragraph (4)
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
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exercises rights under any Federal or State law or common law, or
under any collective bargaining agreement.’’.
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17
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KELLER
OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 6, strike lines 16 through 19 and redesignate subsequent
subparagraphs accordingly.
Page 31, strike line 23 and all that follows through page 32, line
4, and redesignate subsequent sections accordingly.
11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 34, after line 3, insert the following:
SEC. 301. ELECTRONIC VOTING IN UNION ELECTIONS.
(a) IN GENERAL.—
(1) ELECTRONIC VOTING SYSTEM.—Notwithstanding any other
provision of law, subject to the provisions of this section, not
later than 90 days after the date of the enactment of this Act,
the National Labor Relations Board shall implement a system
and procedures to conduct representation elections remotely
using an electronic voting system.
(2) PROCEDURES.—The procedures under paragraph (1) shall
ensure that each employee voting in a representation election
may choose to cast a vote using either an internet voting sys-
tem or a telephone voting system.
(3) NATIONAL MEDIATION BOARD SYSTEM.—If the Board does
not implement a system under paragraph (1) before the date
that is 60 days after the date of the enactment of this Act, the
Board shall enter into a temporary agreement to use the sys-
tem used by the National Mediation Board to conduct rep-
resentation elections for the period—
(A) beginning on the date that is 60 days after the date
of enactment of this Act; and
(B) ending on the date that is 90 days after the date of
enactment of this Act.
(b) REPORT.— Not later than 180 days of the enactment of this
Act, and in each subsequent report under Section 3(c) of the Na-
tional Labor Relations Act, as amended, the Board shall submit to
Congress a report containing a description of the following:
(1) For each representation petition under section 9 of the
National Labor Relations Act filed—
(A) the case name and case number;
(B) the number of days between the petition and the
election;
(C) the number of days between the stipulation or direc-
tion of election and the election;
(D) the method of the election;
(E) the results of the election; and
(F) the number of eligible voters, the number of voters
participating in the election, and the method by which
each of the voters submitted their vote.
(2) The total cost of conducting all elections the Board con-
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ducted through the system and procedures required by sub-
section (a).
(c) DEFINITIONS.—In this section:
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18
(1) ELECTRONIC VOTING SYSTEM.—The term ‘‘electronic voting
system’’—
(A) includes an internet voting system and a telephone
voting system; and
(B) does not include machines used for casting votes at
a polling site or an electronic tabulation system where
votes are cast non-electronically but counted electronically
(such as a punch card or optical scanning system).
(2) INTERNET VOTING SYSTEM.—The term ‘‘internet voting
system’’ means an internet-based voting system that allows a
participant to cast a ballot remotely using a personal computer
or other mobile electronic device that is connected to the inter-
net.
(3) TELEPHONE VOTING SYSTEM.—The term ‘‘telephone voting
system’’ means a voting system in which participants may cast
a vote remotely using a telephone.
(4) REMOTELY.—The term ‘‘remotely’’, used with respect to
voting in a representation election, means a vote may be cast
at any site chosen by a participant in such election.
(5) REPRESENTATION ELECTION.—The term ‘‘representation
election’’ means a representation election under section 9 of the
National Labor Relations Act (29 U.S.C. 159).
On page 34, line 4, strike ‘‘301’’ and insert ‘‘302’’.
On page 34, line 10, strike ‘‘302’’ and insert ‘‘303’’.
On page 3, in the table of contents—
(1) in the matter related to section 301, strike ‘‘301’’ and in-
sert ‘‘302’’;
(2) in the matter related to section 302, strike ‘‘302’’ and in-
sert ‘‘303’’; and
(3) before the matter related to section 302, as so redesig-
nated, insert the following:
Sec. 301. Electronic Voting in Union Elections.
12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCBATH
OF GEORGIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 34, after line 13, insert the following:
SEC. 303. 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.
In the table of contents, after the matter relating to section 302,
insert the following:
Sec. 303. Rule of Construction.
13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MURPHY
OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 34, after line 13, insert the following:
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SEC. 303. GAO REPORT.
(a) IN GENERAL.—The Comptroller General, through the Govern-
ment Accountability Office, shall one year after the date of enact-
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19
ment of this Act commence a study on the impact of Section 101(a)
and Section 101(b) of this Act regarding—
(1) the effect on coverage of employees under of the National
Labor Relations Act, and the impact from such change in cov-
erage, on their capacity in various sectors to form unions and
collectively bargain as a means to improve wages, benefits,
workplace safety, and other working conditions, and
(2) the effect on employers and other enterprises regarding
the right of employees to organize and collectively bargain over
wages, benefits, workplace safety, and other working condi-
tions in such sectors.
(b) FACTORS.—Such study shall identify, compare, and analyze
impacts from changes implicated by Section 101(a) and Section
101(b) on—
(1) flexibility for employees with respect to hours, shifts, as-
signments and working arrangements;
(2) rates of compensation, health care, and employee bene-
fits;
(3) resolution of grievances and disputes, including employ-
ers’ ability to terminate and employees’ right to due process;
(4) use of technology or algorithms, including the adoption of
new technology and algorithms; and
(5) workplace safety and health.
(c) STAKEHOLDER INPUT.—In preparing the report, the Govern-
ment Accountability Office shall gather information from impacted
stakeholders, including various business enterprises and labor or-
ganizations. In developing a list of stakeholders, the Government
Accountability Office shall consult with the House Committee on
Education and Labor and the Senate Committee on Health, Edu-
cation, Labor and Pensions.
(d) CONGRESSIONAL REPORT.—Six months after the commence-
ment of the study, the Government Accountability Office shall
transmit its findings and report to the Committee on Education
and Labor of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate, and con-
sistent with its policies, make its findings and report available to
the public.
(e) PRESIDENTIAL CONSIDERATION.—The President, in consulta-
tion with the Department of Labor and other agencies as the Presi-
dent deems appropriate, shall, subsequent to the issuance of such
report, consider such findings, and within 60 days may recommend
that the House of Representatives and the Senate modify Section
101(a) or Section 101(b), or both or make no recommendations.
(f) SENSE OF THE HOUSE OF REPRESENTATIVES.—It is the sense
of the House of Representatives that the House of Representatives
shall consider whether to accept, reject, or modify any rec-
ommendations received under (e), as it deems appropriate.
On page 3, in the table of contents, insert after the matter relat-
ing to section 302 the following:
Sec. 303. GAO Report.
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20
14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NEWMAN
OF ILLINOIS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 13, on line 17, insert before the period the following:
‘‘and to ensure that such notice is provided to employees in a lan-
guage spoken by such employees’’.
15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STEVENS
OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 34, after line 3, insert the following:
SEC. 301. GAO REPORT ON SECTORAL BARGAINING.
(a) IN GENERAL.—Not later than 3 years after the date of enact-
ment of this Act, the Comptroller General shall conduct a review
of collective bargaining at the sectoral level in a geographically di-
verse set of countries where sectoral bargaining is facilitated and
prepare and submit to Congress a report with respect to such coun-
tries that—
(1) identifies, analyzes, and compares—
(A) the laws and policies governing or related to collec-
tive bargaining at the sectoral level;
(B) the administrative systems facilitating such bar-
gaining; and
(C) the procedures involved in sectoral bargaining;
(2) to the extent practicable, consider reported effects of the
policies and procedures described in paragraph (1) on—
(A) the wages and compensation of employees;
(B) the number of 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
(3) describes the methodology used to generate the informa-
tion in the report.
On page 34, line 4, strike ‘‘301’’ and insert ‘‘302’’.
On page 34, line 10, strike ‘‘302’’ and insert ‘‘303’’.
In the table of contents— .
(1) in the matter relating to section 301, strike ‘‘301’’ and in-
sert ‘‘302’’;
(2) in the matter relating to seciton 302, strike ‘‘302’’ and in-
sert ‘‘303’’; and
(3) insert before the matter relating to section 302, as so
amended, the following:
Sec. 301. GAO report on sectoral bargaining.
16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TLAIB OF
MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 11, line 5, insert ‘‘as soon as practicable and not later than
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within 120 days, absent extraordinary circumstances or by agree-
ment or permission of the parties,’’ after ‘‘dispute’’.
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21
17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TORRES
OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
On page 33, line 13, strike ‘‘Section’’ and insert ‘‘(a) Section’’.
On page 34, after line 2, insert the following:
(b) Section 203(b) of the Labor-Management Reporting and Dis-
closure Act of 1959 (29 U.S.C. 433(b)) is amended in the matter fol-
lowing paragraph (2)—
(1) by striking the period at the end; and
(2) by inserting ‘‘and shall make such information available
to the public in a readily accessible and searchable electronic
format, and through a secure software application for use on
an electronic device.’’.
18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALBERG
OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 18, beginning on line 14, strike ‘‘not later than eight days
after a notice of such hearing is served on the labor organization’’
and insert ‘‘not earlier than 14 days after a petition for an election
under paragraph (1) is filed’’.
19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON
OF SOUTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN-
UTES
Page 3, in the table of contents, amend the matter relating to
section 111 to read as follows:
Sec. 111. National right to work
Beginning on page 32, line 5, amend section 111 to read as fol-
lows:
SEC. 111. NATIONAL RIGHT TO WORK.
(a) Section 7 of the National Labor Relations Act (29 U.S.C. 157)
is amended by striking ‘‘except to’’ and all that follows through ‘‘au-
thorized in section 8(a)(3)’’.
(b) Section 8(a)(3) of the National Labor Relations Act (29 U.S.C.
158(a)(3)) is amended by striking ‘‘: Provided, That’’ and all that
follows through ‘‘retaining membership’’.
(c) Section 8(b) of the National Labor Relations Act (29 U.S.C.
158(b)) is amended—
(1) in paragraph (2), by striking ‘‘or to discriminate’’ and all
that follows through ‘‘retaining membership’’; and
(2) in paragraph (4), as so redesignated under section 104, by
striking ‘‘covered by an agreement authorized under subsection
(a)(3)’’.
(d) Section 8(f) of the National Labor Relations Act (29 U.S.C.
158(f)) is amended by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
(e) Section 2 of the Railway Labor Act (45 U.S.C. 152) is amend-
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ed by striking paragraph Eleventh.
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PART C—TEXT OF AMENDMENTS TO H.R. 8 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CLYDE OF
GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of the bill, add the following:
SEC. l. STUDIES OF THE EFFECTIVENESS OF THIS ACT.
Within 180 days after the date of the enactment of this Act, the
Attorney General, the Comptroller General of the United States,
and a nongovernmental organization chosen jointly by the Speaker
and the Minority Leader of the House of Representatives and the
Majority and Minority Leaders of the Senate, shall each conduct a
study of how, and to what extent, the provisions of this Act will re-
duce rates of violent crime and gun violence in the United States,
and shall each issue to the public a written copy of the results of
the study.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CRIST OF
FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 2, line 11, insert ‘‘; and it shall be unlawful for any person
to transfer a firearm, for lawful hunting or sporting purposes or
pursuant to a hunting license or permit lawfully issued in the
United States, to an alien who is not so licensed and who has been
lawfully admitted to the United States under a nonimmigrant visa,
unless the Attorney General has provided a waiver for the transfer
under subsection (y)(3)’’ before the period.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CROW OF
COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 4, line 17, insert ‘‘pest control on a farm or ranch,’’ before
‘‘or fishing’’.
Page 4, line 25, insert ‘‘pest control on a farm or ranch,’’ before
‘‘or fishing’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GARCIA OF
TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 5, line 11, strike the close quotation marks and the fol-
lowing period.
Page 5, after line 11, insert the following:
‘‘(4) The Attorney General shall make available to any person li-
censed under this chapter both Spanish and English versions of the
form required for the conduct of a background check under sub-
section (t) and this subsection, and the notice and form required
under paragraph (3) of this subsection.’’.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON
LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
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Page 4, line 1, after ‘‘including’’ insert ‘‘harm to self, and’’.
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23
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMB OF
PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 3, line 7, after ‘‘transfer’’ insert ‘‘or exchange (which, for
purposes of this subsection, means an in-kind transfer of a firearm
of the same type or value)’’.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NEWMAN
OF ILLINOIS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of the bill, add the following:
SEC.l. REPORT TO THE CONGRESS.
Within 150 days after the date of the enactment of this Act, the
Attorney General, in consultation with the National Resource Cen-
ter on Domestic Violence and Firearms, shall submit to the Con-
gress a report analyzing the effect, if any, of this Act on the safety
of victims of domestic violence, domestic abuse, dating partner vio-
lence, sexual assault, and stalking, and whether any further
amendments to the background check process would likely result
in a reduction in the risk of death or great bodily harm to victims
of domestic violence, domestic abuse, dating partner violence, sex-
ual assault, and stalking.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TORRES OF
NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 1, line 9, insert ‘‘purchase or’’ before ‘‘possession’’.
PART D—TEXT OF AMENDMENTS TO H.R. 1446 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of the bill, add the following:
SEC. l. REPORT ON FIREARM TRANSFERS DENIED AS A RESULT OF
A NICS CHECK.
Within 90 days after the date of the enactment of this Act, the
Inspector General, Department of Justice, shall prepare and submit
to the Congress a written report on the number of firearm trans-
actions with respect to which the national instant criminal back-
ground check system established under the Brady Handgun Vio-
lence Prevention Act has determined that receipt of a firearm by
the prospective firearm transferee would violate Federal or State
law, and which have been referred to the Bureau of Alcohol, To-
bacco, Firearms, and Explosives for investigation.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 5, strike line 16.
Page 5, beginning on line 18, strike ‘‘and an aggregate’’ and all
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that follows through line 20 and insert ‘‘ with a description of deni-
als, disaggregated by State and by the basis for the denial; and’’.
Page 5, after line 20, insert the following:
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24
(3) an aggregate analysis of the petitions submitted pursuant
to such paragraph (1)(B)(ii).
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCBATH
OF GEORGIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 6, line 15, insert ‘‘disaggregated by State,’’ before ‘‘and
whether’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NEGUSE OF
COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 5, strike line 21 and all that follows through page 6, line
7 and insert the following:
SEC. 4. REPORTS ON PETITIONS SUPPORTING FIREARMS TRANSFERS
NOT IMMEDIATELY APPROVED BY NICS SYSTEM, THAT
WERE NOT RESPONDED TO IN A TIMELY MANNER.
The Director of the Federal Bureau of Investigation shall make
an annual report to the public on the number of petitions received
by the national instant criminal background check system estab-
lished under section 103 of the Brady Handgun Violence Preven-
tion Act that were submitted pursuant to subclause (I) of section
922(t)(1)(B)(ii) of title 18, United States Code, with respect to
which a determination was not made within the 10-day period re-
ferred to in subclause (II) of such section 922(t)(1)(B)(ii). The report
shall include the following, which shall be disaggregated by State:
(1) The number of petitions submitted under such section
that were received by the national instant criminal background
check system established under section 103 of the Brady Hand-
gun Violence Prevention Act.
(2) The number of petitioners who were discovered to be in-
eligible under Federal or State law during that 10-day period.
(3) The number of petitioners who were discovered to be in-
eligible under Federal or State law after that 10-day period.
(4) The basis of the ineligibility of the petitioners discovered
to be ineligible under Federal or State law during that 10-day
period, and the basis of the ineligibility of the petitioners dis-
covered to be ineligible under Federal or State law after that
10-day period.
(5) The number of the petitioners whose petitions were de-
nied and who, within 12 months after the denial, were pros-
ecuted under Federal, State, or local law for receiving or at-
tempting to receive a firearm.
Æ
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