March 9, 2021 CONGRESSIONAL RECORD — HOUSE H1133 of Centerville; Hayden Taylor of Solon; Ms. TENNEY. Mr. Speaker, today I servant-hearted leader who cared deep- Kobe Simon of West Liberty; and rise to honor the outstanding work of ly for the Victoria, Texas, community, Marcel Lopez of New London each won Kelly Britton and Kathy Caruso, two Mayor Rawley McCoy, who passed State championships last month in Des residents of New York’s Second Con- away on March 5, 2021. Moines. gressional District. He will be greatly missed by his fam- Wrestling, we think, in Iowa, we are Kelly and Kathy founded and run ily, friends, and those he represented as the center of the universe. When it Better Together, an advocacy group for mayor and those of us who had the comes to wrestling, we are, but we do children with special needs. As mothers honor to serve alongside him. A life- give a nod to a certain Representative with children with disabilities, Kelly long Victorian, he described our town from Ohio. Wrestling and Dan Gable and Kathy mobilized a grassroots as a wholesome community that pro- are as much a part of Iowa’s unique group of parents and family members vided an energetic and joyful child- history and culture as corn, first-in- to advocate for children with differing hood. the-Nation caucuses, Casey’s Breakfast abilities. Today, Better Together is Long before being elected mayor, he Pizza, and, of course, CHUCK GRASSLEY. bringing awareness to the many unmet lived and worked to make our commu- Before the pandemic, fans would needs that children with differing abili- nity a better place. He was inspired to cram into gyms across the State to ties experience. become mayor and to make Victoria, I recently joined Better Together for watch our local teams compete. For as he said, the kind of place where fu- their first advocacy event, an autism the lucky few who made it to the State ture generations can live their Amer- awareness and first responder forum. tournament, thousands would travel ican dream. I will miss working with from all 99 counties to watch. This wonderful collaborative event pro- vided training and guidance to first re- him, as I appreciated his heart to work These young men and women have with and to collaborate in order to marked their place in Iowa history, sponders on how to work effectively and compassionately to help patients serve people. and I could not be prouder to represent Mr. Speaker, Rawley once said, ‘‘We them in Congress. with autism and other disabilities. It was a pleasure to join Kelly, Kathy, can never become a great city until all f and the Better Together family to dis- of us can sit at and are welcome at the PROVIDING IMMEDIATE RELIEF TO cuss their advocacy efforts and prior- table.’’ STRUGGLING AMERICANS ities. My prayers are with him, his wife, Mr. Speaker, I thank Kelly and their three children, and all who had (Mr. COSTA asked and was given per- Kathy for giving back to our commu- the great pleasure of knowing Mayor mission to address the House for 1 nity in such a meaningful way. They Rawley McCoy. minute and to revise and extend his re- truly are making the world a better marks.) place. f Mr. COSTA. Mr. Speaker, a year into this pandemic and the world is still f reeling. It has created a deep economic A YEAR AGO THE PANDEMIC RECOGNIZING INDIANA UNIVER- crisis for American families and small CHANGED OUR COUNTRY SITY OF PENNSYLVANIA AND THEIR SAFETY, HEALTH, AND businesses, and economic disparity (Mr. BROWN asked and was given ENVIRONMENTAL APPLIED continues. permission to address the House for 1 SCIENCES PROGRAM Now that vaccines are being adminis- minute and to revise and extend his re- tered, with millions inoculated so far, marks.) (Mr. THOMPSON of Pennsylvania hope for gaining the upper hand over Mr. BROWN. Mr. Speaker, a year asked and was given permission to ad- this disease is on the horizon. ago, this pandemic changed our coun- dress the House for 1 minute and to re- Last weekend, I saw firsthand the try; and during this year, more than vise and extend his remarks.) smiles on teachers’ faces as they lined 525,000 Americans have died from the Mr. THOMPSON of Pennsylvania. up for their first dose of the vaccine. virus, including 7,800 Marylanders. Too Mr. Speaker, I rise today to recognize Desperate to see their students, they many jobs have been lost, too many Indiana University of Pennsylvania. hold out hope that these shots can get families are struggling, and too many The University’s Safety, Health, and them safely back into the classroom businesses have shuttered. Environmental Applied Sciences pro- for the first time in a year. The American Rescue Plan provides a gram recently received a national rec- Food workers, those who we deem es- lifeline for our country. The average ognition. Universities.com ranked the sential to putting food on America’s family of four in my district will re- program third in the Nation, giving dinner table every night, need to be ceive approximately $10,000 of direct IUP’s program top marks in career vaccinated as well. I talked to them assistance. With another round of stim- preparation, students and culture, fa- about their desire to do their jobs with- ulus checks and the expansion of the cilities, activities, and groups. More out fear of getting sick, and getting child tax credit, we will get families than 8,000 colleges and universities back to a life of normalcy, but we must back on their feet and cut child pov- were considered in this ranking proc- do more to help Americans. erty in half. ess. Our communities are hurting. Fami- The American Recuse Plan will also Believed to be one of the first pro- lies, businesses, cities, and States need aid our communities during this crisis, grams of its kind in the Nation, IUP’s economic relief now. funding that will expand vaccinations, Safety, Health, and Environmental Ap- This week, we will pass the American especially in Black and Brown commu- plied Sciences program trains safety Rescue Plan to get immediate relief to nities; money to help safely open professionals in industry, government, struggling Americans. It provides the schools; and assistance to keep teach- and institutional settings. According resources needed to help people get by ers, transit workers, and other public to the department’s chairwoman, and return to work. This bill will help servants on the job. Tracy Cekada, the program prepares This unprecedented crisis calls on us our economy move again, and I am students for work in a wide range of to meet the moment with decisive ac- proud to support it. areas, including manufacturing, oil and tion. Mr. Speaker, the American Res- f gas, insurance, healthcare, construc- cue Plan is that decisive action. b 1230 tion, distribution, government, trans- f portation, and the service industry. HONORING THE OUTSTANDING HONORING MAYOR RAWLEY MCCOY Mr. Speaker, I am proud to have such WORK OF KELLY BRITTON AND (Mr. CLOUD asked and was given per- a stellar academic institution in my KATHY CARUSO mission to address the House for 1 district like Indiana University of (Ms. TENNEY asked and was given minute and to revise and extend his re- Pennsylvania, and this top-notch pro- permission to address the House for 1 marks.) gram comes as no surprise. minute and to revise and extend her re- Mr. CLOUD. Mr. Speaker, I rise Congratulations, IUP, for this well- marks.) today with a heavy heart to honor a deserved recognition.

VerDate Sep 11 2014 12:14 Mar 10, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09MR7.016 H09MRPT1 dlhill on DSK120RN23PROD with HOUSE H1134 CONGRESSIONAL RECORD — HOUSE March 9, 2021 COMMUNICATION FROM THE Sec. 302. Authorization of appropriations. ‘‘(A) to permanently replace an employee who CLERK OF THE HOUSE Sec. 303. Rule of Construction. participates in a strike as defined by section 501(2) of the Labor Management Relations Act, The SPEAKER pro tempore laid be- TITLE I—AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT 1947 (29 U.S.C. 142(2)); fore the House the following commu- ‘‘(B) to discriminate against an employee who nication from the Clerk of the House of SEC. 101. DEFINITIONS. is working or has unconditionally offered to re- Representatives: (a) JOINT EMPLOYER.—Section 2(2) of the Na- turn to work for the employer because the em- tional Labor Relations Act (29 U.S.C. 152(2)) is OFFICE OF THE CLERK, ployee supported or participated in such a amended by adding at the end the following: strike; or HOUSE OF REPRESENTATIVES, ‘‘Two or more persons shall be employers with Washington, DC, March 9, 2021. ‘‘(C) to lockout, suspend, or otherwise withold respect to an employee if each such person co- employment from employees in order to influ- Hon. NANCY PELOSI, determines or shares control over the employee’s The Speaker, House of Representatives, ence the position of such employees or the rep- essential terms and conditions of employment. resentative of such employees in collective bar- Washington, DC. In determining whether such control exists, the DEAR MADAM SPEAKER: Pursuant to the gaining prior to a strike; and Board or a court of competent jurisdiction shall ‘‘(7) to communicate or misrepresent to an em- permission granted in Clause 2(h) of Rule II consider as relevant direct control and indirect of the Rules of the U.S. House of Representa- ployee under section 2(3) that such employee is control over such terms and conditions, reserved excluded from the definition of employee under tives, the Clerk received the following mes- authority to control such terms and conditions, sage from the Secretary of the Senate on section 2(3).’’; and control over such terms and conditions ex- (2) in subsection (b)— March 9, 2021, at 9:49 a.m.: ercised by a person in fact: Provided, That That the Senate passed with an amend- (A) by striking paragraphs (4) and (7); nothing herein precludes a finding that indirect (B) by redesignating paragraphs (5) and (6) as ment H.R. 1319. or reserved control standing alone can be suffi- With best wishes, I am, paragraphs (4) and (5), respectively; cient given specific facts and circumstances.’’. Sincerely, (C) in paragraph (4), as so redesignated, by (b) EMPLOYEE.—Section 2(3) of the National striking ‘‘affected;’’ and inserting ‘‘affected; ROBERT F. REEVES, Labor Relations Act (29 U.S.C. 152(3)) is amend- Deputy Clerk. and’’; and ed by adding at the end the following: ‘‘An indi- (D) in paragraph (5), as so redesignated, by f vidual performing any service shall be consid- striking ‘‘; and’’ and inserting a period; PROTECTING THE RIGHT TO ered an employee (except as provided in the pre- (3) in subsection (c), by striking the period at ORGANIZE ACT OF 2021 vious sentence) and not an independent con- the end and inserting the following: ‘‘: Pro- tractor, unless— vided, That it shall be an unfair labor practice Mr. SCOTT of Virginia. Mr. Speaker, ‘‘(A) the individual is free from control and under subsection (a)(1) for any employer to re- pursuant to House Resolution 188, I direction in connection with the performance of quire or coerce an employee to attend or partici- call up the bill (H.R. 842) to amend the the service, both under the contract for the per- pate in such employer’s campaign activities un- National Labor Relations Act, the formance of service and in fact; related to the employee’s job duties, including Labor Management Relations Act, 1947, ‘‘(B) the service is performed outside the usual activities that are subject to the requirements course of the business of the employer; and and the Labor-Management Reporting under section 203(b) of the Labor-Management ‘‘(C) the individual is customarily engaged in Reporting and Disclosure Act of 1959 (29 U.S.C. and Disclosure Act of 1959, and for an independently established trade, occupation, 433(b)).’’; other purposes, and ask for its imme- profession, or business of the same nature as (4) in subsection (d)— diate consideration. that involved in the service performed.’’. (A) by redesignating paragraphs (1) through The Clerk read the title of the bill. (c) SUPERVISOR.—Section 2(11) of the National (4) as subparagraphs (A) through (D), respec- The SPEAKER pro tempore. Pursu- Labor Relations Act (29 U.S.C. 152(11)) is tively; ant to House Resolution 188, the amended— (B) by striking ‘‘For the purposes of this sec- amendment printed in part A of House (1) by inserting ‘‘and for a majority of the in- tion’’ and inserting ‘‘(1) For purposes of this Report 117–10 is adopted, and the bill, dividual’s worktime’’ after ‘‘interest of the em- section’’; ployer’’; (C) by inserting ‘‘and to maintain current as amended, is considered read. (2) by striking ‘‘assign,’’; and wages, hours, and terms and conditions of em- The text of the bill, as amended, is as (3) by striking ‘‘or responsibly to direct ployment pending an agreement’’ after ‘‘arising follows: them,’’. thereunder’’; H.R. 842 SEC. 102. REPORTS. (D) by inserting ‘‘: Provided, That an employ- Be it enacted by the Senate and House of Rep- Section 3(c) of the National Labor Relations er’s duty to collectively bargain shall continue resentatives of the United States of America in Act is amended— absent decertification of the labor organization Congress assembled, (1) by striking ‘‘The Board’’ and inserting following an election conducted pursuant to sec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(1) The Board’’; and tion 9’’ after ‘‘making of a concession:’’; (a) SHORT TITLE.—This Act may be cited as (2) by adding at the end the following: (E) by inserting ‘‘further’’ before ‘‘, That the ‘‘Protecting the Right to Organize Act of ‘‘(2) Effective January 1, 2023, section 3003 of where there is in effect’’; 2021’’. the Federal Reports Elimination and Sunset Act (F) by striking ‘‘The duties imposed’’ and in- (b) TABLE OF CONTENTS.—The table of con- of 1995 (Public Law 166–44; 31 U.S.C. 1113 note) serting ‘‘(2) The duties imposed’’; tents for this Act is as follows: shall not apply with respect to reports required (G) by striking ‘‘by paragraphs (2), (3), and Sec. 1. Short title; table of contents. under this subsection. (4)’’ and inserting ‘‘by subparagraphs (B), (C), and (D) of paragraph (1)’’; TITLE I—AMENDMENTS TO THE NATIONAL ‘‘(3) Each report issued under this subsection (H) by striking ‘‘section 8(d)(1)’’ and inserting LABOR RELATIONS ACT shall— ‘‘(A) include no less detail than reports issued ‘‘paragraph (1)(A)’’; Sec. 101. Definitions. (I) by striking ‘‘section 8(d)(3)’’ and inserting Sec. 102. Reports. by the Board prior to the termination of such re- ports under section 3003 of the Federal Reports ‘‘paragraph (1)(C)’’ in each place it appears; Sec. 103. Appointment. (J) by striking ‘‘section 8(d)(4)’’ and inserting Sec. 104. Unfair labor practices. Elimination and Sunset Act of 1995 (Public Law ‘‘paragraph (1)(D)’’; and Sec. 105. Representatives and elections. 166–44; 31 U.S.C. 1113 note); (K) by adding at the end the following: Sec. 106. Damages for unfair labor practices. ‘‘(B) list each case in which the Designated ‘‘(3) Whenever collective bargaining is for the Sec. 107. Enforcing compliance with orders of Agency Ethics Official provided advice regard- purpose of establishing an initial collective bar- the board. ing whether a Member should be recused from gaining agreement following certification or rec- Sec. 108. Injunctions against unfair labor prac- participating in a case or rulemaking; and ognition of a labor organization, the following tices involving discharge or other ‘‘(C) list each case in which the Designated shall apply: serious economic harm. Agency Ethics Official determined that a Mem- ‘‘(A) Not later than 10 days after receiving a Sec. 109. Penalties. ber should be recused from participating in a written request for collective bargaining from an Sec. 110. Limitations on the right to strike. case or rulemaking.’’. Sec. 111. Fair share agreements permitted. individual or labor organization that has been SEC. 103. APPOINTMENT. newly recognized or certified as a representative TITLE II—AMENDMENTS TO THE LABOR Section 4(a) of the National Labor Relations MANAGEMENT RELATIONS ACT, 1947 AND as defined in section 9(a), or within such further Act (29 U.S.C. 154(a)) is amended by striking ‘‘, period as the parties agree upon, the parties THE LABOR-MANAGEMENT REPORTING or for economic analysis’’. AND DISCLOSURE ACT OF 1959 shall meet and commence to bargain collectively SEC. 104. UNFAIR LABOR PRACTICES. and shall make every reasonable effort to con- Sec. 201. Conforming amendments to the Labor Section 8 of the National Labor Relations Act clude and sign a collective bargaining agree- Management Relations Act, 1947. (29 U.S.C. 158) is amended— ment. Sec. 202. Amendments to the Labor-Manage- (1) in subsection (a)— ‘‘(B) If after the expiration of the 90-day pe- ment Reporting and Disclosure (A) in paragraph (5), by striking the period riod beginning on the date on which bargaining Act of 1959. and inserting ‘‘;’’; and is commenced, or such additional period as the TITLE III—OTHER MATTERS (B) by adding at the end the following: parties may agree upon, the parties have failed Sec. 301. Severability. ‘‘(6) to promise, threaten, or take any action— to reach an agreement, either party may notify

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