[Congressional Record Volume 161, Number 117 (Friday, July 24, 2015)]
[Senate]
[Pages S5693-S5694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2346. Mr. GARDNER submitted an amendment intended to be proposed
by him to the bill H.R. 22, to amend the Internal Revenue Code of 1986
to exempt employees with health coverage under TRICARE or the Veterans
Administration from being taken into account for purposes of
determining the employers to which the employer mandate applies under
the Patient Protection and Affordable Care Act; which was ordered to
lie on the table; as follows:
On page 407, before line 1, insert the following:
SEC. 31304. ADDRESSING PORT SLOWDOWNS, STRIKES, AND LOCK-
OUTS.
(a) National Emergencies.--Section 206 of the Labor
Management Relations Act, 1947 (29 U.S.C. 176) is amended--
(1) in the first sentence--
(A) by striking ``Whenever in the opinion'' and inserting
``(a) Whenever in the opinion'';
(B) by striking ``a threatened or actual strike or lock-
out'' and inserting ``a slowdown, or a threatened or an
actual strike or lock-out,'';
(C) by striking ``he may appoint'' and inserting ``the
President may appoint''; and
(D) by striking ``to him within such time as he shall
prescribe'' and inserting ``to the President within such time
as the President shall prescribe and in accordance with the
third sentence of this subsection'';
(2) in the third sentence, by striking ``The President''
and inserting ``Not later than 30 days after appointing the
board of inquiry, the President''; and
(3) by adding at the end the following:
``(b)(1) Whenever in the opinion of any Governor of a State
or territory of the United States, a slowdown, or a
threatened or an actual strike or lock-out, occurring at 1 or
more ports in the United States, is affecting an entire
industry or a substantial part thereof engaged in trade,
commerce, transportation, transmission, or communication
among the several States or with foreign nations, or engaged
in the production of goods for commerce, will, if permitted
to occur or to continue, imperil national or State health or
safety, the Governor may request the President to appoint a
board of inquiry under subsection (a).
``(2)(A) If the President does not appoint a board of
inquiry within 10 days of receiving a request under paragraph
(1), the Governor who made the request under such paragraph
may appoint a board of inquiry to inquire into the issues
involved in the dispute and prepare and submit, to the
Governor and the President, a written report as described in
subparagraph (B) within such time as the Governor shall
prescribe and in accordance with the deadline under
subparagraph (C).
``(B) The report described in this subparagraph shall
include a statement of the facts with respect to the dispute,
including a statement from each party to the dispute
describing the position of such party, but shall not contain
any recommendations.
``(C) Not later than 30 days after appointing a board of
inquiry under subparagraph (A), the Governor shall--
``(i) file a copy of the report described in subparagraph
(B) with the Service; and
``(ii) make the contents of such report available to the
President and the public.
``(c) Any Governor of a State or territory of the United
States (referred to in this subsection as the `supplementing
Governor') may submit to the President or Governor who
appointed a board of inquiry under subsection (a) or (b)(2) a
supplement to the report under such subsection that includes
data pertaining to the impact on the State or territory of
the supplementing Governor of a slowdown, or a threatened or
an actual strike or lock-out, at 1 or more ports. Upon
receiving such supplement, the President or Governor shall
file such supplement with the Service and make the contents
of such supplement available to the public.
``(d) For each slowdown, or threatened or actual strike or
lock-out, at 1 or more ports, only 1 board of inquiry may be
appointed under subsection (a) or (b)(2) during any 90-day
period.''.
(b) Boards of Inquiry.--Section 207(a) of the Labor
Management Relations Act, 1947 (29 U.S.C. 177) is amended by
striking ``as the President shall determine,'' and inserting
``as the President shall determine for a board of inquiry
appointed under section 206(a), or as the Governor shall
determine for a board of inquiry appointed by such Governor
under section 206(b)(2),''.
(c) Injunctions During National Emergencies.--Section 208
of the Labor Management Relations Act, 1947 (29 U.S.C. 178)
is amended--
(1) in subsection (a)--
(A) in the matter preceding clause (i)--
(i) by inserting ``appointed under subsection (a) or (b)(2)
of section 206'' after ``board of inquiry'';
(ii) by striking ``strike or lock-out or the continuing
thereof'' and inserting ``slowdown, or threatened or actual
strike or lock-out, or the continuing thereof''; and
(iii) by striking ``such threatened or actual strike or
lock-out'' and inserting ``such slowdown, or threatened or
actual strike or lock-out, or the continuing thereof''; and
(B) in clause (ii), by striking ``strike or lock-out or the
continuing thereof'' and inserting ``slowdown, strike, or
lock-out, or the continuing thereof'';
[[Page S5694]]
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b)(1) If a slowdown, or a threatened or an actual strike
or lock-out, is occurring at 1 or more ports and the
President does not direct the Attorney General to make a
petition under subsection (a) within 10 days of receiving a
report from a board of inquiry appointed under subsection (a)
or (b)(2) of section 206, any Governor of a State or
territory of the United States in which such port or ports
are located may direct the attorney general of such State or
territory to petition the district court of the United States
having jurisdiction in such State or territory to enjoin such
slowdown, or threatened or actual strike or lock-out, or the
continuing thereof, at the port or ports within such State or
territory.
``(2) The district court described in paragraph (1) shall
have jurisdiction to enjoin any slowdown, threatened or
actual strike or lock-out, or continuing thereof, and to make
such other orders as may be appropriate, if such court
determines that such slowdown or threatened or actual strike
or lock-out--
``(A) affects an entire industry or a substantial part
thereof engaged in trade, commerce, transportation,
transmission, or communication within the applicable State or
territory, or engaged in the production of goods for
commerce; and
``(B) if permitted to occur or to continue, will imperil
national or State health and safety.''.
(d) Reconvening of Boards of Inquiry; NLRB Secret
Ballots.--Section 209(b) of the Labor Management Relations
Act, 1947 (29 U.S.C. 179(b)) is amended--
(1) in the first sentence, by striking ``Upon the issuance
of such order, the President'' and inserting ``(1) Upon the
issuance of any such order, the President or the Governor, as
the case may be,'';
(2) in the second sentence, by striking ``report to the
President'' and inserting ``report to the President and any
Governor who initiated an action under section 206(b) or
208(b)'';
(3) in the third sentence, by striking ``The President''
and inserting ``The President or the Governor, as the case
may be,'';
(4) in the fourth sentence--
(A) by striking ``The National Labor Relations Board,
within the succeeding fifteen days, shall take a secret
ballot'' and inserting the following:
``(2) Not later than 15 days after the board of inquiry
submits a report under paragraph (1), the National Labor
Relations Board, subject to paragraph (3), shall take a
secret ballot'';
(B) by striking ``as stated by him'' and inserting ``as
stated by the employer''; and
(C) by striking ``Attorney General'' and inserting
``Attorney General or State attorney general, whichever
sought the injunction,''; and
(5) by adding at the end the following:
``(3) For each slowdown, or threatened or actual strike or
lock-out, at 1 or more ports, the National Labor Relations
Board shall take not more than 1 secret ballot in any 30-day
period for the same employees.''.
(e) Discharge of Injunctions.--Section 210 of the Labor
Management Relations Act, 1947 (29 U.S.C. 180) is amended--
(1) in the first sentence, by striking ``the Attorney
General'' and inserting ``the Attorney General, or the State
attorney general, whichever sought the injunction,''; and
(2) in the second sentence, by striking ``the President''
and inserting ``the President, or any Governor who initiated
an action under section 208(b),''.
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