House Report 116-392 - PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 826) EXPRESSING 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-MANAGEMENT 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

[House Report 116-392]
[From the U.S. Government Publishing Office]

116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-392

======================================================================

PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 826) EXPRESSING
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-MANAGEMENT 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,
Expressing disapproval of the Trump administration's harmful
actions towards 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 Commerce. The resolution waives all points of order
against consideration of H. Res. 826. The resolution provides
that H. Res. 826 shall be considered as read. Section 2 of the
resolution provides for consideration 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 points of order against
provisions in the bill, as amended. The resolution makes in
order only those amendments printed in part B 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. 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 Appropriations 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
recommit with or without instructions.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration 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
provisions 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 nature.
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 prohibits consideration of legislation providing new
budget authority in excess of a 302(a) allocation of such
authority.
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 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 ensuing 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
provisions 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 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. 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-contractor status by defining a worker as an
``employee'' unless he or she is ``free from control and
direction in connection with the performance of the service,
both under the contract for the performance 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,
occupation, profession, or business of the same nature as that
involved in the service performed.''. Defeated: 4-9

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
organizations. Defeated: 4-9

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
requires unions to receive express consent from a worker before
using his or her union dues for purposes other than collective
bargaining. Defeated: 4-9

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
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

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 employees. (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 representation 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 circumstances 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 affect 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
intermittent 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),
Lamborn (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
employees 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
certification election when fewer than 50% of current `unit
members' were members during the last election. (10 minutes)
13. Vargas (CA): Requires regional directors to transmit
the Notice of Election at the same time as the Direction of
Election. Both the Notice and the Direction must be transmitted
electronically--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
elections and returns the requirement that NLRB's regional
directors schedule elections as ``early as practicable.'' The
amendment ensures 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
construed to affect the jurisdictional standards of the NLRB
with respect to small businesses. (10 minutes)

SUMMARY OF THE AMENDMENTS TO H.R. 5687 IN PART C MADE IN ORDER

1. Shalala (FL), Gonzalez-Colon, Jenniffer (PR), Hastings
(FL), McGovern (MA), Murphy, Stephanie (FL): Increases funding
to conduct 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. Gonzalez-Colon, Jenniffer (PR), DeLauro (CT), Soto (FL),
Velazquez (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
assistance for the post-disaster recovery of electrical grids
in U.S. territories by $3 million. (10 minutes)
4. Crenshaw (TX), Fletcher (TX): Appropriates an additional
$45,000,000 for the implementation of revised duplication of
benefits rules for those impacted by Hurricane Harvey. (10
minutes)
5. Tlaib (MI), Velazquez (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
Community Development Fund by $1,000,000 to prioritize funding
for renewable 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
U.S.C. 1324a).

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' compensation, 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
employees'' and all that follows through ``personal email
addresses'' on page 15, line 4, and insert ``the names of all
employees in the bargaining 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 organization 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
follows:
(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 organization 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''.
Strike page 18, line 9, and all that follows through page 19,
line 9.
Add at the end the following new section:

SEC. _. 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 election 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 respect to a bargaining unit or any subdivision if, during
the preceding 12-month period, the employer has recognized a
labor organization 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

Page 30, strike line 11 and all that follows through line 16.
----------

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
enactment 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
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report, that--
(1) identifies and analyzes the laws, policies, and
procedures in countries outside the United States
governing collective bargaining at the level of an
industry sector, including the laws, policies, and
procedures involved in--
(A) the administrative system facilitating
such bargaining;
(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 bargaining 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
information in the report.
(b) Expert Consultation.--The persons described in this
subsection are--
(1) workers and the labor organizations representing
such workers;
(2) representatives of businesses;
(3) the National Labor Relations Board;
(4) the International Labor Organization; and
(5) the International Labor Affairs Bureau of the
Department 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
Congress 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 Minutes

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
Reporting 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 following new section:

``WHISTLEBLOWER PROTECTIONS

``Sec. 611.
``(a) In General.--No employer or labor organization shall
terminate or in any other way discriminate against, or cause to
be terminated 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 organization 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 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 proceeding 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 reasonably 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 complaint 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 employee 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 complaint; and
``(iv) opportunities that will be
afforded to such person 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
violation 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 representative 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 otherwise required under
paragraph (2), unless the complainant makes a
prima facie showing that any behavior described
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 determination or adjudicating a complaint
pursuant to this subsection, 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 action
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 Secretary of
Labor shall, together with the notice under
subparagraph (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
complainant 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
reinstatement 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
preliminary 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
accordance 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
complainant may request the issuance of
subpoenas that require the deposition
of, or the attendance and testimony of,
witnesses and the production of any
evidence (including any books, papers,
documents, or recordings) 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 Secretary 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 violation;
``(II) to reinstate the
complainant to his or her
former position, together with
compensation (including 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 incurred, as
determined by the Secretary of Labor,
by the complainant for, or in
connection with, the bringing 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 Secretary 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 jurisdiction to grant all
relief necessary to make the employee
whole, including injunctive relief and
compensatory damages, including--
``(I) reinstatement with the
same seniority status 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 sustained as a
result of the discharge or
discrimination, 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 affected or aggrieved by a
final order issued under subparagraph (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, allegedly occurred or the
circuit in which the complainant resided on the
date of such violation, not later than 60 days
after the date of the issuance of the final
order of the Secretary of Labor under
subparagraph (A). Review shall conform to
chapter 7 of title 5, United States Code. The
commencement 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
subparagraph 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 appropriate 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 controversy 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 expert
witness fees) to any party, whenever the court
determines such award is appropriate.
``(D) Mandamus proceedings.--Any
nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding
brought under section 1361 of title 28, United
States Code.
``(d) Unenforceability of Certain Agreements.--
Notwithstanding any other provision of law, the rights and
remedies provided for in this section may not be waived by any
agreement, policy, 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 following new subparagraph:
``(C) by an employee or a group of employees
or any individual 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 bargaining 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 regarding such unit;'';
Page 17, after line 8, insert the following:
(B) in paragraph (2), by adding at the end
the following: ``When a petition is filed under
paragraph (1)(C), a question of representation
affecting commerce exists if the petitioner
establishes the existence of the circumstances
described 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 election at the same time as the
direction of election, and shall transmit such
notice and such direction electronically
(including 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 conspicuous places,
including all places where notices to
employees are customarily posted;
``(ii) if the employer customarily
communicates with employees
electronically, distribute such Notice
electronically; and
``(iii) maintain such posting until
the petition is dismissed or withdrawn
or the Notice of Petition for Election
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 Lawrence 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) regional directors shall schedule
elections for the earliest date practicable,
but not later than the 20th business 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
affect 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 coverage 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 Gonzalez-Colon 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:
``, ensuring meaningful access for individuals with limited
English proficiency in accordance with the Final Guidance
issued by the Department 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)''.

[all]