[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

----------------------------------------------------------------------------------------------------------------
                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. 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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 242

    Motion by Mrs. Lesko to amend the rule to H.R. 2474 to make 
in order amendment #19, offered by Rep. Smucker (PA), which 
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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 243

    Motion by Mr. DeSaulnier to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Yea   Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mrs. Lesko........................          Nay
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
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]