S.Amdt. 2237

SA 2237. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 140, to amend the White Mountain Apache Tribe Water
Rights Quantification Act of 2010 to clarify the use of amounts in the
WMAT Settlement Fund; which was ordered to lie on the table; as
follows:

At the end, add the following:

SEC. 4. PROTECTING AMERICAN JOBS ACT.

(a) Short Title.--This section may be cited as the
``Protecting American Jobs Act''.
(b) Duties of the General Counsel and Administrative Law
Judges.--The National Labor Relations Act (29 U.S.C. 151 et
seq.) is amended--
(1) in section 3(d) (29 U.S.C. 153(d)), by striking
``investigation of charges and issuance of complaints under
section 10, and in respect of the prosecution of such
complaints before the Board'' and inserting ``investigation
of allegations under section 10''; and
(2) in section 4(a) (29 U.S.C. 154(a)), by striking the
fourth sentence.
(c) Clarification of the Board's Rulemaking Authority.--
Section 6 of such Act (29 U.S.C. 156) is amended by adding at
the end the following: ``Such rulemaking authority shall be
limited to rules concerning the internal functions of the
Board. The Board shall not promulgate rules or regulations
that affect the substantive or procedural rights of any
person, employer, employee, or labor organization, including
rules and regulations concerning unfair labor practices and
representation elections.''.
(d) Investigatory Power and Adjudicatory Authority Over
Unfair Labor Practice Allegations.--Section 10 of such Act
(29 U.S.C. 160) is amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging in'' and
inserting ``investigate''; and
(B) by striking ``This power shall'' and all that follows
through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and inserting
``Whenever it is alleged'';
(B) by striking ``or is engaging in'' and inserting ``, is
engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all that
follows through ``Provided, That no complaint shall issue''
and inserting ``the aggrieved person may bring a civil action
for such relief (including an injunction) as may be
appropriate. Any such civil action may be brought in the
district court of the United States where the violation
occurred, or, at the option of the parties, in the United
States District Court for the District of Columbia. No civil
action may be brought'';
(D) by striking ``charge with the Board'' and all that
follows through ``prevented from filing such charge'' and
inserting ``civil action, unless the person aggrieved thereby
was prevented from filing such civil action''; and
(E) by striking ``Any such complaint may be amended'' and
all that follows through ``Any such proceeding shall, so far
as practicable,'' and inserting ``Any proceeding under this
subsection shall'';
(3) by striking subsections (c) through (k);
(4) by redesignating subsections (l) and (m) as subsections
(c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and inserting
``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge'' and
inserting ``allegation''; and
(C) by striking ``such charge is true and that a complaint
should issue, he shall'' and all that follows through the end
of the subsection and inserting ``such allegation is true,
the officer or regional attorney shall, on behalf of the
Board, submit a written summary of the findings to all
parties involved in the alleged unfair labor practice.''; and
(6) in subsection (d) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and inserting
``Whenever it is alleged'';
(B) by striking ``such charge'' and inserting ``such
allegation''; and
(C) by striking ``and cases given priority under subsection
(i)''.
(e) Conforming Amendments.--The National Labor Relations
Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 9 (29 U.S.C. 159)--
(A) in subsection (c)(2), by striking ``and in no case
shall the Board'' and all that follows through the end of
such subsection and inserting a period;
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection (d);

[[Page S2188]]

(2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or
(e) of section 9'' and inserting ``or (d) of section 9'';
(3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each
place it appears and inserting ``9(d)''; and
(4) in section 18 (29 U.S.C. 168), by striking ``section 10
(e) or (f)'' and inserting ``subsection (e) or (f) of section
10, as such subsections were in effect on the day before the
date of enactment of the Protecting American Jobs Act,''.
(f) Regulations.--Not later than 6 months after the date of
enactment of this section, the National Labor Relations Board
shall review all regulations promulgated before such date of
enactment and revise or rescind any such regulations as
necessary to implement the amendment made by subsection (c).

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