S. 2568

119 S2568 IS: Protecting American Jobs Act
 U.S. Senate
 2025-07-31
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 2568  IN THE SENATE OF THE UNITED STATES   July 31, 2025   Mr. Lee  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.
Short title
This Act may be cited as the   Protecting American Jobs Act  .
2.
Amendments to the National Labor Relations Act
(a)
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.
(b)
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. .
(c)
Unfair labor practices
Section 8(a)(4) of such Act ( 29 U.S.C. 158(a)(4) ) is amended by striking  charges  and inserting  a civil action .
(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);
(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 , .
3.
Regulations
Not later than 6 months after the date of enactment of this Act, 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 section 2(b).