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IB
Union Calendar No. 281
118TH CONGRESS
2D SESSION
H. R. 3400
[Report No. 118–343]
To amend the National Labor Relations Act to adjust the dollar thresholds
for National Labor Relations Board jurisdiction over certain labor dis-
putes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 2023
Mr. GOOD of Virginia (for himself, Mr. PERRY, Mr. MOOLENAAR, Mrs. MIL-
LER of Illinois, Mr. TIFFANY, Mr. DUNCAN, Mr. BURLISON, Mr. WEBER
of Texas, Mr. SCOTT FRANKLIN of Florida, Mrs. LUNA, Mr. CLYDE, Mr.
NORMAN, Ms. VAN DUYNE, Mr. BABIN, Mr. COLE, Mr. ESTES, and Mr.
CLINE) introduced the following bill; which was referred to the Committee
on Education and the Workforce
JANUARY 11, 2024
Additional sponsor: Mrs. HOUCHIN
JANUARY 11, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 17, 2023]
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•HR 3400 RH
A BILL
To amend the National Labor Relations Act to adjust the
dollar thresholds for National Labor Relations Board
jurisdiction over certain labor disputes, and for other
purposes.
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•HR 3400 RH
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Small Businesses before
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Bureaucrats Act’’.
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SEC. 2. INCREASE OF DOLLAR THRESHOLD FOR NATIONAL
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LABOR
RELATIONS
BOARD
JURISDICTION
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OVER CERTAIN LABOR DISPUTES.
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(a) IN GENERAL.—Section 14(c) of the National Labor
9
Relations Act (29 U.S.C. 164(c)) is amended—
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(1) by redesignating paragraph (2) as para-
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graph (3); and
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(2) by inserting after paragraph (1) the fol-
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lowing:
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‘‘(2) In establishing by rule any dollar threshold with
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respect to a class or category of employers for the purposes
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of declining to assert jurisdiction over certain labor disputes
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involving such class or category of employers, the Board
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shall establish such dollar threshold at an amount—
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‘‘(A) for calendar year 2024, equal to the product
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of—
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‘‘(i) the dollar threshold applicable to such
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class or category as of the day prior to the date
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of enactment of this paragraph, multiplied by
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‘‘(ii) ten; and
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•HR 3400 RH
‘‘(B) for any calendar year after 2024, equal to
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the product of—
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‘‘(i) the dollar threshold applicable to such
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class or category for calendar year 2024 (after
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the date of enactment of this paragraph), multi-
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plied by
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‘‘(ii) the quotient obtained by dividing—
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‘‘(I) the Personal Consumption Ex-
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penditure Per Capita Index (as published
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by the Bureau of Economic Analysis) for
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such calendar year after 2024; by
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‘‘(II) the Personal Consumption Ex-
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penditure Per Capita Index for calendar
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year 2024.’’.
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(b) PERSONAL CONSUMPTION EXPENDITURE PER CAP-
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ITA INDEX.—The Bureau of Economic Analysis of the De-
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partment of Commerce shall prepare and publish an index
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reflecting expenditures for personal consumption by Ameri-
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cans on a per capita basis for each year, beginning calendar
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year 2025, and such index shall be known as the ‘‘Personal
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Consumption Expenditure Per Capita Index’’.
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(c) EFFECTIVE DATE.—The amendments made by this
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section shall apply to any decision of the National Labor
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Relations Board relating to the assertion of its jurisdiction
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•HR 3400 RH
over a labor dispute made after the date of enactment of
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this section.
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Union Calendar No. 281
118TH CONGRESS
2D SESSION
H. R. 3400
[Report No. 118–343]
A BILL
To amend the National Labor Relations Act to ad-
just the dollar thresholds for National Labor Re-
lations Board jurisdiction over certain labor dis-
putes, and for other purposes.
JANUARY 11, 2024
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
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