II 

115TH CONGRESS 

1ST SESSION S. 1594 

To amend the National Labor Relations Act to modify the authority of 

the National Labor Relations Board with respect to rulemaking, issuance 

of complaints, and authority over unfair labor practices. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2017 

Mr. LEE (for himself, Mr. CRUZ, Mr. LANKFORD, Mr. COTTON, Mr. 

STRANGE, and Mr. RUBIO) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To amend the National Labor Relations Act to modify the 

authority of the National Labor Relations Board with 

respect to rulemaking, issuance of complaints, and authority over unfair labor practices. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting American 

5 Jobs Act’’. 


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1 SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELA2 TIONS ACT. 

3 (a) DUTIES OF THE GENERAL COUNSEL AND ADMIN4 ISTRATIVE LAW JUDGES.—The National Labor Relations 

5 Act (29 U.S.C. 151 et seq.) is amended— 

6 (1) in section 3(d) (29 U.S.C. 153(d)), by strik7 ing ‘‘investigation of charges and issuance of com8 plaints under section 10, and in respect of the pros9 ecution of such complaints before the Board’’ and 

10 inserting ‘‘investigation of allegations under section 

11 10’’; and 

12 (2) in section 4(a) (29 U.S.C. 154(a)), by strik13 ing the fourth sentence. 

14 (b) CLARIFICATION OF THE BOARD’S RULEMAKING

15 AUTHORITY.—Section 6 of such Act (29 U.S.C. 156) is 

16 amended by adding at the end the following: ‘‘Such rule17 making authority shall be limited to rules concerning the 

18 internal functions of the Board. The Board shall not pro19 mulgate rules or regulations that affect the substantive 

20 or procedural rights of any person, employer, employee, 

21 or labor organization, including rules and regulations con22 cerning unfair labor practices and representation elec23 tions.’’. 

24 (c) INVESTIGATORY POWER AND ADJUDICATORY AU25 THORITY OVER UNFAIR LABOR PRACTICE ALLEGAVerDate Sep 11 2014 01:20 Jul 28, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1594.IS S1594

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1 TIONS.—Section 10 of such Act (29 U.S.C. 160) is amend2 ed— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘prevent any person from 

5 engaging in’’ and inserting ‘‘investigate’’; and 

6 (B) by striking ‘‘This power shall’’ and all 

7 that follows through the end of the subsection; 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘Whenever it is charged’’ 

10 and inserting ‘‘Whenever it is alleged’’; 

11 (B) by striking ‘‘or is engaging in’’ and in12 serting ‘‘, is engaging in, or is about to engage 

13 in’’; 

14 (C) by striking ‘‘the Board, or any agent’’ 

15 and all that follows through ‘‘Provided, That no 

16 complaint shall issue’’ and inserting ‘‘the ag17 grieved person may bring a civil action for such 

18 relief (including an injunction) as may be ap19 propriate. Any such civil action may be brought 

20 in the district court of the United States where 

21 the violation occurred, or, at the option of the 

22 parties, in the United States District Court for 

23 the District of Columbia. No civil action may be 

24 brought’’; 


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1 (D) by striking ‘‘charge with the Board’’ 

2 and all that follows through ‘‘prevented from 

3 filing such charge’’ and inserting ‘‘civil action, 

4 unless the person aggrieved thereby was pre5 vented from filing such civil action’’; and 

6 (E) by striking ‘‘Any such complaint may 

7 be amended’’ and all that follows through ‘‘Any 

8 such proceeding shall, so far as practicable,’’ 

9 and inserting ‘‘Any proceeding under this sub10 section shall’’; 

11 (3) by striking subsections (c) through (k); 

12 (4) by redesignating subsections (l) and (m) as 

13 subsections (c) and (d), respectively; 

14 (5) in subsection (c) (as so redesignated)— 

15 (A) by striking ‘‘Whenever it is charged’’ 

16 and inserting ‘‘Whenever it is alleged’’; 

17 (B) in the first sentence, by striking 

18 ‘‘charge’’ and inserting ‘‘allegation’’; and 

19 (C) by striking ‘‘such charge is true and 

20 that a complaint should issue, he shall’’ and all 

21 that follows through the end of the subsection 

22 and inserting ‘‘such allegation is true, the offi23 cer or regional attorney shall, on behalf of the 

24 Board, submit a written summary of the findVerDate Sep 11 2014 01:20 Jul 28, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1594.IS S1594

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1 ings to all parties involved in the alleged unfair 

2 labor practice.’’; and 

3 (6) in subsection (d) (as so redesignated)— 

4 (A) by striking ‘‘Whenever it is charged’’ 

5 and inserting ‘‘Whenever it is alleged’’; 

6 (B) by striking ‘‘such charge’’ and insert7 ing ‘‘such allegation’’; and 

8 (C) by striking ‘‘and cases given priority 

9 under subsection (i)’’. 

10 (d) CONFORMING AMENDMENTS.—The National 

11 Labor Relations Act (29 U.S.C. 151 et seq.) is amended— 

12 (1) in section 9 (29 U.S.C. 159)— 

13 (A) in subsection (c)(2), by striking ‘‘and 

14 in no case shall the Board’’ and all that follows 

15 through the end of such subsection and insert16 ing a period; 

17 (B) by striking subsection (d); and 

18 (C) by redesignating subsection (e) as sub19 section (d); 

20 (2) in section 3(b) (29 U.S.C. 153(b)), by strik21 ing ‘‘or (e) of section 9’’ and inserting ‘‘or (d) of 

22 section 9’’; 

23 (3) in section 8 (29 U.S.C. 158), by striking 

24 ‘‘9(e)’’ each place it appears and inserting ‘‘9(d)’’; 

25 and 


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1 (4) in section 18 (29 U.S.C. 168), by striking 

2 ‘‘section 10 (e) or (f)’’ and inserting ‘‘subsection (e) 

3 or (f) of section 10, as such subsections were in ef4 fect on the day before the date of enactment of the 

5 Protecting American Jobs Act,’’. 

6 SEC. 3. REGULATIONS. 

7 Not later than 6 months after the date of enactment 

8 of this Act, the National Labor Relations Board shall re9 view all regulations promulgated before such date of enact10 ment and revise or rescind any such regulations as nec11 essary to implement the amendment made by section 2(b). 

Æ 


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