,,ii #aaeth ,,congress #b;d ,session ,s4 #cjfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ac1 #bjah ,mrs4 ,murray 7for herself1 ,mr4 ,schumer1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,brown1 ,mr4 ,cardin1 ,mr4 ,carper1 ,mr4 ,casey1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mrs4 ,feinstein1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,leahy1 ,mr4 ,markey1 ,mr4 ,menendez1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mr4 ,peters1 ,mr4 ,reed1 ,ms4 ,smith1 ,ms4 ,stabenow1 ,mr4 ,udall1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,whitehouse1 ,mr4 ,wyden1 and ,ms4 ,cantwell7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,national ,labor ,relations ,act1 the ,labor ,management ,relations ,act1 #aidg1 and the ,labor-,management ,reporting and ,disclosure ,act1 #aiei1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,workers' ,freedom to ,negotiate ,act of #bjah4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 was enacted to encourage the practice of collective bargaining and to protect the exercise by workers of full freedom of association in the workplace4 ,since its enactment in #aice1 tens of millions of workers have bargained with their employers over wages1 benefits1 and other terms and conditions of employment and have raised the standard of living for all workers4 7#b7 ,according to the ,bureau of ,labor ,statistics1 union members earn #be4f percent more than workers who are not covered by a collective bargaining agreement4 ,workers who are represented by a union are #bh percent more likely to be offered health insurance through work and nearly #e times more likely to have defined benefit pensions4 ,the wage differential is significant for women and people of color4 ,african-,american union members earn #be percent more than ,african-,american workers who are not covered by a collective bargaining agreement1 and ,latino union members earn #db4f percent more than ,latino workers who are not covered by a collective bargaining agreement4 ,women union members earn #cj percent more than women who are not covered by a collective bargaining agreement1 and the wage gap between men and women is much smaller at workplaces covered by a collective bargaining agreement because collective bargaining agreements ensure the same rate is paid to workers for a particular job without regard to gender4 ,the wage and benefit gains achieved through collective bargaining agreements benefit both workers and their communities4 7#c7 ,unions and collective bargaining ensure that productivity gains are shared by working people4 ,the decline in the percentage of workers covered by collective bargaining has contributed to skyrocketing income inequality and wage stagnation for the average worker4 7#d7 ,the ,national ,labor ,relations ,act protects the right of workers to join together with their coworkers in concerted activities for their mutual aid or protection4 ,this protection applies broadly to all concerted activities by workers aimed at improving the terms and conditions of their employment or aiding each other in any way1 regardless of whether workers are seeking to form a union or engage in collective bargaining with their employer4 7#e7 ,the ,act protects the right of workers to discuss issues like pay and benefits without retaliation or interference by employers4 ,however1 the awareness of workers regarding their rights under the ,act is lacking1 due in part to the absence of any legally required notice informing workers of the rights and responsibilities under the ,act4 ,many employers maintain policies that restrict the ability of workers to discuss workplace issues with each other1 directly contravening these rights4 ,research shows that more than one-half of workers report that their employers have policies that prohibit or discourage workers from discussing pay with their coworkers4 ,these policies and practices impede workers from exercising their rights under the ,act and impair their freedom of association at work4 7#f7 ,retaliation by employers against workers who exercise their rights under the ,national ,labor ,relations ,act persists at troubling levels4 ,employers routinely fire workers for trying to form a union at their workplace4 ,in one out of #c organizing campaigns1 one or more workers are discharged for supporting or joining a union4 7#g7 ,the current remedies are inadequate to deter employers from violating the ,national ,labor ,relations ,act4 ,the remedies and penalties for violations of the ,act are far weaker than for other labor and employment laws4 ,unlike other major labor and employment laws1 there are no civil penalties for violations of the ,national ,labor ,relations ,act4 ,workers cannot go to court to pursue relief on their own and must rely on the ,national ,labor ,relations ,board to prosecute their case4 ,should the ,board decline to prosecute for any reason1 aggrieved workers have no other remedy4 7#h7 ,unlike orders of other ,federal agencies1 the orders of the ,national ,labor ,relations ,board are not enforced until the ,board seeks enforcement from the ,court of ,appeals4 ,as far back as #aifi1 the ,administrative ,conference of the ,united ,states recognized that the absence of a self-enforcing agency order imposes wasteful delays in the enforcement of the ,national ,labor ,relations ,act1 and recommended that the ,board's orders be made self-enforcing like those of other agencies4 ,congress did not act upon this recommendation1 and delays in the ,board's enforcement remain a problem undermining the effectiveness of the ,act4 7#i7 ,many workers do not currently enjoy the protections of the ,national ,labor ,relations ,act because they are excluded from coverage under the ,act or interpretations of the ,act4 7#aj7 ,too often1 workers who choose to form unions are frustrated when their employers use delay and other tactics to avoid reaching an initial collective bargaining agreement4 ,estimates are that in as many as half of new organizing campaigns1 workers and their employers fail to reach an initial collective bargaining agreement4 7#aa7 ,while the ,national ,labor ,relations ,act guarantees workers the right to strike1 courts have permitted employers to permanently replace workers who exercise their right to strike4 ,this is contrary to ,congress's intent in enacting the ,national ,labor ,relations ,act and has led to confusion amongst workers regarding their right to strike4 7#ab7 ,hearings under section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 exist to assure to workers the fullest freedom in exercising the rights guaranteed by the ,act4 ,however1 some employers have abused the representation process of the ,national ,labor ,relations ,board to impede workers from freely choosing their own representatives and exercising their rights under the ,act4 7#ac7 ,so-called right-to-work laws do not give any worker the right to a job4 ,while ,federal law requires unions to fairly represent all members of a given bargaining unit1 and thereby expend resources on all unit members1 many ,states' so-called right-to-work laws prohibit unions from charging all members for the representation and services that the unions are legally obliged to render4 ,section #ad7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afd7;b77 must be reformed to permit unions and employers to mutually agree that payment of fair share fees shall be a condition of employment following initial hiring4 7#ad7 ,restrictions on so-called secondary boycotts and recognitional picketing unduly impede workers' ability to engage in peaceful conduct and expression4 ,workers must be free to act in solidarity with workers in other workplaces in order to improve labor standards and achieve other lawful ends for mutual aid or protection4 7#ae7 ,in order to make the right to collective bargaining and freedom of association in the workplace a reality for workers1 the ,national ,labor ,relations ,act must be strengthened4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to strengthen protections for workers engaged in collective bargaining to improve their wages1 hours1 and terms and conditions of employment2 7#b7 to expand coverage under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 to more workers2 7#c7 to provide a process by which workers and employers can successfully negotiate an initial collective bargaining agreement2 7#d7 to provide a stronger deterrent and fairer remedies for workers who face retaliation1 discrimination1 or other interference with their legal rights to act concertedly1 join a union1 or engage in collective bargaining2 7#e7 to broadly protect workers' right to engage in concerted activities for mutual aid or protection2 7#f7 to streamline the enforcement procedures of the ,national ,labor ,relations ,board to provide for more timely and effective enforcement of the law2 7#g7 to safeguard the right to strike by prohibiting permanent replacement of striking workers2 7#h7 to repeal specific prohibitions on collective action and peaceful expression2 7#i7 to permit fair share fee arrangements in order to promote workers' freedom of association and encourage the practice of collective bargaining2 7#aj7 to improve the purchasing power of wage earners in industry2 7#aa7 to promote the stabilization of fair wage rates and humane working conditions within and between industries2 and 7#ab7 to redress the inequality of bargaining power between workers and employers4 ,i ,amendments to labor laws #aja4 ,amendments to the ,national ,labor ,relations ,act 7a7 ,definitions of employee and supervisor 7#a7 ,section #b7c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7c77 is amended by inserting at the end the following3 8,an individual performing any service shall be considered an employee 7except as provided in the previous sentence7 and not an independent contractor for purposes of this ,act1 unless-- 7,a7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of service and in fact2 7,b7 the service is performed outside the usual course of the business of the employer2 and 7,c7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in the service performed4 4 7#b7 ,section #b7aa7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7aa77 is amended-- 7,a7 by inserting and for a majority of the individual's worktime after interest of the employer2 7,b7 by striking assign12 and 7,c7 by striking or responsibly to direct them14 7b7 ,appointment ,section #d7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aed7;a77 is amended by striking 1 or for economic analysis4 7c7 ,unfair labor practices ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#e71 by striking the period and inserting 2 and2 and 7,b7 by adding at the end the following3 7#f7 to promise1 threaten1 or take any action-- 7,a7 to permanently replace an employee who participates in a strike as defined by section #eja7b7 of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb7b772 or 7,b7 to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a strike4 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraphs 7#d7 and 7#g72 7,b7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,c7 in paragraph 7#e71 as so redesignated1 by striking 2 and and inserting a period2 7#c7 in subsection 7c71 by striking the period at the end and inserting the following3 3 ,provided1 ,that it shall be an unfair labor practice under subsection 7a77#a7 for any employer to require or coerce an employee to attend or participate in such employer's campaign activities unrelated to the employee's job duties1 including activities that are subject to the requirements under section #bjc7;b7 of the ,labor-,management ,reporting and ,disclosure ,act1 #aiei 7#bi ,u4,s4,c4 #dcc7;b7742 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 or any other provision of law1 it shall be an unfair labor practice under subsection 7a77#a7 for any employer to enter into any contract or agreement1 express or implied1 whereby an employee of the employer undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of collective legal claim arising from or relating to the employment of such employee in any forum that1 but for such contract or agreement1 is of competent jurisdiction4 ,the provisions of this subsection shall not apply with respect to employees who are represented by a labor organization and covered by a collective-bargaining agreement in effect with the employer4 ,any contract or agreement entered into heretofore or hereafter containing an agreement prohibited by this subsection shall be to such extent unenforceable and void4 2 and 7#e7 by adding at the end the following3 7h7 7#a7 ,the ,board shall promulgate regulations requiring each employer to post and maintain1 in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically1 a notice setting forth the rights and protections afforded employees under this ,act4 ,the ,board shall make available the form and text of such notice4 ,the ,board shall promulgate regulations requiring employers to notify each new employee of the information contained in the notice described in the preceding two sentences4 7#b7 ,whenever the ,board directs an election under section #i7;c7 or approves an election agreement1 the employer of employees in the bargaining unit shall1 not later than #b business days after the ,board directs such election or approves such election agreement1 provide a voter list to a labor organization that has petitioned to represent such employees4 ,such voter list shall include the names of all employees in the bargaining unit and such employees' home addresses1 work locations1 shift1 job classifications1 and1 if available to the employer1 personal landline and mobile phone numbers1 and work and personal email addresses4 ,not later than #i months after the date of enactment of the ,workers' ,freedom to ,negotiate ,act of #bjah1 the ,board shall promulgate regulations implementing the requirements of this paragraph4 7i7 ,whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition1 the provisions of subsection 7d7 shall be modified as follows3 7#a7 ,not later than #aj days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section #i7;a71 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7#b7 ,if after the expiration of the #ij-;day period beginning on the date on which bargaining is commenced1 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7#c7 ,if after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under paragraph 7#b71 or such additional period as the parties may agree upon1 the ,service is not able to bring the parties to agreement by conciliation1 the ,service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the ,service1 with one member selected by the labor organization1 one member selected by the employer1 and one neutral member mutually agreed to by the parties4 ,a majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 ,such decision shall be based on the following considerations3 7,a7 the employer's financial status and prospects2 7,b7 the size and type of the employer's operations and business2 7,c7 the employees' cost of living2 7,d7 the employees' ability to sustain themselves1 their families1 and their dependents on the wages and benefits they earn from the employer2 and 7,e7 the wages and benefits other employers in the same business provide their employees4 4 7d7 ,representatives and elections ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking as may be and all that follows through by an employee and inserting as may be prescribed by the ,board1 by an employee2 7ii7 by striking 2 or and all that follows through the ,board shall investigate and inserting 1 the ,board shall investigate2 and 7iii7 by adding at the end the following3 ,no employer shall have standing as a party1 or to intervene1 in any representation proceeding under this section42 7,b7 in paragraph 7#c71 by striking an economic strike who are not entitled to reinstatement and inserting a strike2 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#f7 and 7#g71 respectively2 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 ,if the ,board finds that1 in an election under paragraph 7#a71 a majority of the valid votes cast in a unit appropriate for purposes of collective bargaining have been cast in favor of representation by the labor organization1 the ,board shall certify the labor organization as the representative of the employees in such unit and shall issue an order requiring the employer of such employees to collectively bargain with the labor organization in accordance with section #h7;d74 ,this order shall be deemed an order under section #aj7;c7 of this ,act1 without need for a determination of an unfair labor practice4 7#e7 7,a7 ,if the ,board finds that1 in an election under paragraph 7#a71 a majority of the valid votes cast in a unit appropriate for purposes of collective bargaining have not been cast in favor of representation by the labor organization1 the ,board shall dismiss the petition1 subject to subparagraphs 7,b7 and 7,c74 7,b7 ,in any case in which a majority of the valid votes cast in a unit appropriate for purposes of collective bargaining have not been cast in favor of representation by the labor organization and the ,board determines that the election should be set aside because the employer has committed a violation of this ,act or otherwise interfered with a fair election1 and the employer has not demonstrated that the violation or other interference is unlikely to have affected the outcome of the election1 the ,board shall1 without ordering a new or rerun election1 certify the labor organization as the representative of the employees in such unit and issue an order requiring the employer to bargain with the labor organization in accordance with section #h7;d7 if1 at any time during the period beginning #a year preceding the date of the commencement of the election and ending on the date upon which the ,board makes the determination of a violation or other interference1 a majority of the employees in the bargaining unit have signed authorizations designating the labor organization as their collective bargaining representative4 7,c7 ,in any case where the ,board determines that an election under this paragraph should be set aside1 the ,board shall direct a rerun election with appropriate additional safeguards necessary to ensure a fair election process1 except in cases where the ,board issues a bargaining order under subparagraph 7,b74 2 and 7,e7 by inserting after paragraph 7#g71 as so redesignated1 the following3 7#h7 ,except under extraordinary circumstances-- 7,a7 a pre-election hearing under this subsection shall begin not later than #h days after a notice of such hearing is served on the parties2 and 7,b7 a post-election hearing under this subsection shall begin not later than #ad days after the filing of objections1 if any4 2 and 7#b7 in subsection 7d71 by striking 7e7 or and inserting 7d7 or4 7e7 ,prevention of unfair labor practices 7#a7 ,in general ,section #aj7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;c77 is amended by striking suffered by him and inserting suffered by such employee3 ,provided further1 ,that if the ,board finds that an employer has discriminated against an employee in violation of paragraph 7#c7 or 7#d7 of section #h7;a7 or has committed a violation of section #h7;a7 that results in the discharge of an employee or other serious economic harm to an employee1 the ,board shall award the employee back pay without any reduction 7including any reduction based on the employee's interim earnings or failure to earn interim earnings71 front pay 7when appropriate71 consequential damages1 and an additional amount as liquidated damages equal to #b times the amount of damages awarded3 ,provided further1 no relief under this subsection shall be denied on the basis that the employee is1 or was during the time of relevant employment or during the back pay period1 an unauthorized alien as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c77 or any other provision of ,federal law relating to the unlawful employment of aliens2 7f7 ,enforcing compliance with orders of the board ,section #aj of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7 is amended-- 7#a7 by striking subsection 7e72 7#b7 by redesignating subsection 7d7 as subsection 7e72 7#c7 by inserting after subsection 7c7 the following3 7d7 7#a7 ,each order of the ,board shall take effect upon issuance of such order1 unless otherwise directed by the ,board1 and shall remain in effect unless modified by the ,board or unless a court of competent jurisdiction issues a superseding order4 7#b7 ,any person who fails or neglects to obey an order of the ,board shall forfeit and pay to the ,board a civil penalty of not more than #aj1jjj for each violation1 which shall accrue to the ,board and may be recovered in a civil action brought by the ,board to the district court of the ,united ,states in which the unfair labor practice or other subject of the order occurred1 or in which such person or entity resides or transacts business4 ,no action by the ,board under this paragraph may be made until #cj days following the issuance of an order4 ,each separate violation of such an order shall be a separate offense1 except that1 in the case of a violation in which a person fails to obey or neglects to obey a final order of the ,board1 each day such failure or neglect continues shall be deemed a separate offense4 7#c7 ,if1 after having provided a person or entity with notice and an opportunity to be heard regarding a civil action under subparagraph 7#b7 for the enforcement of an order1 the court determines that the order was regularly made and duly served1 and that the person or entity is in disobedience of the same1 the court shall enforce obedience to such order by a writ of injunction or other proper process1 mandatory or otherwise1 to-- 7,a7 restrain such person or entity or the officers1 agents1 or representatives of such person or entity1 from further disobedience to such order2 or 7,b7 enjoin upon such person or entity1 officers1 agents1 or representatives obedience to the same4 2 7#d7 in subsection 7f7-- 7,a7 by striking proceed in the same manner as in the case of an application by the ,board under subsection 7e7 of this section1 and inserting proceed as provided under paragraph 7#b7 of this subsection2 7,b7 by striking ,any and inserting the following3 7#a7 ,within #cj days of the issuance of an order1 any 2 and 7,c7 by adding at the end the following3 7#b7 ,no objection that has not been urged before the ,board1 its member1 agent1 or agency shall be considered by a court1 unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances4 ,the findings of the ,board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive4 ,if either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the ,board1 its member1 agent1 or agency1 the court may order such additional evidence to be taken before the ,board1 its member1 agent1 or agency1 and to be made a part of the record4 ,the ,board may modify its findings as to the facts1 or make new findings1 by reason of additional evidence so taken and filed1 and it shall file such modified or new findings1 which findings with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive1 and shall file its recommendations1 if any1 for the modification or setting aside of its original order4 ,upon the filing of the record with it the jurisdiction of the court shall be exclusive and its judgment and decree shall be final1 except that the same shall be subject to review by the appropriate ,united ,states court of appeals if application was made to the district court1 and by the ,supreme ,court of the ,united ,states upon writ of certiorari or certification as provided in section #abed of title #bh1 ,united ,states ,code4 2 and 7#e7 in subsection 7g71 by striking subsection 7e7 or 7f7 of this section and inserting subsection 7d7 or 7f74 7g7 ,injunctions against unfair labor practices involving discharge or other serious economic loss ,section #aj7;j7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;j77 is amended-- 7#a7 by striking 7j7 ,the ,board and inserting the following3 7,a7 7j77#a7 ,the ,board2 and 7,b7 by adding at the end the following3 7#b7 ,notwithstanding subsection 7m71 whenever it is charged that an employer has engaged in an unfair labor practice within the meaning of paragraph 7#a7 or 7#c7 of section #h7;a7 that significantly interferes with1 restrains1 or coerces employees in the exercise of the rights guaranteed under section #g1 or involves discharge or other serious economic harm to an employee1 the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred4 ,if1 after such investigation1 the officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue1 such officer or attorney shall bring a petition for appropriate temporary relief or restraining order as set forth in paragraph 7#a74 ,the district court shall grant the relief requested unless the court concludes that there is no reasonable likelihood that the ,board will succeed on the merits of the ,board's claim4 2 and 7,c7 by repealing subsections 7k7 and 7l74 7h7 ,penalties 7#a7 ,in general ,section #ab of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afb7 is amended-- 7,a7 by striking ,sec4 #ab4 ,any person and inserting the following3 #ab4 ,penalties 7a7 ,violations for interference with board ,any person 2 and 7,b7 by adding at the end the following3 7b7 ,violations for posting requirements and voter list ,if the ,board1 or any agent or agency designated by the ,board for such purposes1 determines that an employer has violated section #h7;h7 or regulations issued thereunder1 the ,board shall-- 7#a7 state the findings of fact supporting such determination2 7#b7 issue and cause to be served on such employer an order requiring that such employer comply with section #h7;h7 or regulations issued thereunder2 and 7#c7 impose a civil penalty in an amount determined appropriate by the ,board1 except that in no case shall the amount of such penalty exceed #ejj for each such violation4 7c7 ,violations causing serious economic harm to employees 7#a7 ,in general ,any employer who commits an unfair labor practice within the meaning of paragraph 7#c7 or 7#d7 of section #h7;a71 or a violation of section #h7;a7 that results in the discharge of an employee or other serious economic harm to an employee shall1 in addition to any remedy ordered by the ,board1 be subject to a civil penalty in an amount not to exceed #ej1jjj for each violation1 except that the ,board shall double the amount of such penalty1 to an amount not to exceed #ajj1jjj1 in any case where the employer has within the preceding #e years committed another such violation4 7#b7 ,considerations ,in determining the amount of any civil penalty under this subsection1 the ,board shall consider-- 7,a7 the gravity of the unfair labor practice2 7,b7 the impact of the unfair labor practice on the charging party1 on other persons seeking to exercise rights guaranteed by this ,act1 and on the public interest2 and 7,c7 the gross income of the employer4 7#c7 ,director and officer liability ,if the ,board determines1 based on the particular facts and circumstances presented1 that a director or officer's personal liability is warranted1 a civil penalty for a violation described in this subsection may also be assessed against any director or officer of the employer who directed or committed the violation1 had established a policy that led to such a violation1 or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation4 7d7 ,joint employment ,two or more persons shall be employers for purposes of this ,act with respect to employees if each such person possesses sufficient control over the employees' essential terms and conditions of employment to permit meaningful collective bargaining4 ,in applying this inquiry1 the ,board or a court of competent jurisdiction shall consider as relevant direct control1 indirect control1 reserved authority to control1 and control exercised in fact3 ,provided1 ,that nothing in this paragraph shall be construed to bring within the definition of employer under section #b7b7 the ,united ,states or any wholly owned ,government corporation1 or any ,federal ,reserve ,bank1 or any ,state or political subdivision thereof1 or any person subject to the ,railway ,labor ,act1 as amended from time to time1 or any labor organization 7other than when acting as an employer71 or anyone acting in the capacity of officer or agent of such labor organization4 7e7 ,right to civil action 7#a7 ,in general ,any person who is injured by reason of a violation of paragraph 7#a7 or 7#c7 of section #h7;a7 may1 in addition to or in lieu of filing a charge alleging such unfair labor practice with the ,board in accordance with this ,act1 bring a civil action in the appropriate district court of the ,united ,states against the employer within #ahj days of the violation4 ,no relief under this subsection shall be denied on the basis that the employee is1 or was during the time of relevant employment or during the back pay period1 an unauthorized alien as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c77 or any other provision of ,federal law relating to the unlawful employment of aliens4 7#b7 ,available relief ,relief granted in an action under paragraph 7#a7 may include-- 7,a7 back pay without any reduction1 including any reduction based on the employee's interim earnings or failure to earn interim earnings2 7,b7 front pay 7when appropriate72 7,c7 consequential damages2 7,d7 an additional amount as liquidated damages equal to #b times the cumulative amount of damages awarded under subparagraphs 7,a7 through 7,c72 7,e7 in appropriate cases1 punitive damages in accordance with paragraph 7#d72 and 7,f7 any other relief authorized by section #gjf7;g7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e7;g77 or by section #aigg;,a7b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7b774 7#c7 ,attorney's fees ,in any civil action under this subsection1 the court may allow the prevailing party a reasonable attorney's fee 7including expert fees7 and other reasonable costs associated with maintaining the action4 7#d7 ,punitive damages ,in awarding punitive damages under paragraph 7#b77;,e71 the court shall consider-- 7,a7 the gravity of the unfair labor practice2 7,b7 the impact of the unfair labor practice on the charging party1 on other persons seeking to exercise rights guaranteed by this ,act1 and on the public interest2 and 7,c7 the gross income of the employer4 4 7#b7 ,conforming amendments ,section #aj7;b7 of the ,national ,labor ,relations ,act is amended by striking six months and inserting #ahj days and by striking the six-month period and inserting the #ahj-;day period4 7i7 ,limitations ,section #ac of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afc7 is amended by striking the period at the end and inserting the following3 3 ,provided1 ,that the duration1 scope1 frequency1 or intermittence of any strike or strikes shall not render such strike or strikes unprotected or prohibited44 7j7 ,fair share agreements permitted ,section #ad7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afd7;b77 is amended by striking the period at the end and inserting the following3 3 ,provided1 ,that collective bargaining agreements providing that all employees in a bargaining unit shall contribute fees to a labor organization for the cost of bargaining and representation as a condition of employment shall be valid and enforceable notwithstanding any ,state or ,territorial law44 #ajb4 ,amendments to the ,labor ,management ,relations ,act1 #aidg ,section #cjc of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #ahg7 is repealed4 #ajc4 ,amendments to the ,labor-,management ,reporting and ,disclosure ,act of #aiei ,section #bjc7;c7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;c77 is amended by striking the period at the end and inserting the following 3 ,provided1 ,that this subsection shall not exempt from the requirements of this section any arrangement or part of an arrangement in which a party agrees1 for an object described in section 7b77#a71 to plan or conduct employee meetings2 train supervisors or employer representatives to conduct meetings2 coordinate or direct activities of supervisors or employer representatives2 establish or facilitate employee committees2 identify employees for disciplinary action1 reward1 or other targeting2 or draft or revise employer personnel policies1 speeches1 presentations1 or other written1 recorded1 or electronic communications to be delivered or disseminated to employees44 ,,ii ,fair pay and safe workplaces #bja4 ,definitions ,in this title3 7#a7 ,covered contract ,the term covered contract means a ,federal contract for the procurement of property or services1 including construction1 valued in excess of #ejj1jjj4 7#b7 ,covered subcontract ,the term covered subcontract-- 7,a7 means a subcontract for property or services under a ,federal contract that is valued in excess of #ejj1jjj2 and 7,b7 does not include a subcontract for the procurement of commercially available off-the-shelf items4 7#c7 ,executive agency ,the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code4 #bjb4 ,purpose ,the purpose of this title is to-- 7#a7 ensure that the purchasing power of the ,federal ,government is employed to raise labor standards1 improve working conditions1 and strengthen workers' bargaining power2 and 7#b7 increase efficiency and cost savings in the work performed by parties who contract with the ,federal ,government by ensuring that they understand and comply with labor laws1 which are designed to promote safe1 healthy1 fair1 and effective workplaces and increase the likelihood of enhanced productivity in the workplace and the timely1 predictable1 and satisfactory delivery of goods and services to the ,federal ,government4 #bjc4 ,required pre-contract award actions 7a7 ,disclosures ,the head of an executive agency shall ensure that the solicitation for a covered contract requires the offeror-- 7#a7 to represent1 to the best of the offeror's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the offeror in the preceding #c years for violations of-- 7,a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7,b7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7,c7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7,d7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7,e7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7,f7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7,g7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity72 7,h7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7,i7 section #dbab of title #ch1 ,united ,states ,code2 7,j7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7,k7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,l7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,m7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,n7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 or 7,o7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor2 7#b7 to require each subcontractor for a covered subcontract-- 7,a7 to represent to the offeror and the entity designated by the final rule reissued under subsection 7a7 of section #bjf1 to the best of the subcontractor's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,department of ,labor1 rendered against the subcontractor in the preceding #c years for violations of any of the labor laws and executive orders listed under paragraph 7#a72 and 7,b7 to update such information every #f months for the duration of the subcontract2 and 7#c7 to consider the advice rendered by the entity designated by the final rule reissued under subsection 7a7 of section #bjf or information submitted by a subcontractor pursuant to paragraph 7#b7 in determining whether the subcontractor is a responsible source with a satisfactory record of integrity and business ethics-- 7,a7 prior to awarding the subcontract2 or 7,b7 in the case of a subcontract that is awarded or will become effective within #e days of the prime contract being awarded1 not later than #cj days after awarding the subcontract4 7b7 ,pre-,award corrective measures 7#a7 ,in general ,a contracting officer1 prior to awarding a covered contract1 shall1 as part of the responsibility determination1 provide an offeror who makes a disclosure pursuant to subsection 7a7 an opportunity to report any steps taken to correct the violations of or improve compliance with the labor laws listed in paragraph 7#a7 of such subsection1 including any agreements entered into with an enforcement agency4 7#b7 ,consultation ,the executive agency's ,labor ,compliance ,advisor designated pursuant to section #bje1 in consultation with relevant enforcement agencies1 shall advise the contracting officer whether agreements are in place or are otherwise needed to address appropriate remedial measures1 compliance assistance1 steps to resolve issues to avoid further violations1 or other related matters concerning the offeror4 7#c7 ,responsibility determination ,the contracting officer1 in consultation with the executive agency's ,labor ,compliance ,advisor1 shall consider information provided by the offeror under this subsection in determining whether the offeror is a responsible source with a satisfactory record of integrity and business ethics4 ,the determination shall be based on the guidelines reissued under subsection 7b77#a7 of section #bjf and the final rule reissued under subsection 7a7 of such section4 7c7 ,referral of information to suspension and debarment officials ,as appropriate1 contracting officers1 in consultation with their executive agency's ,labor ,compliance ,advisor1 shall refer matters related to information provided pursuant to paragraphs 7#a7 and 7#b7 of subsection 7a7 to the executive agency's suspension and debarment official in accordance with agency procedures4 #bjd4 ,post-award contract actions 7a7 ,information updates ,the contracting officer for a covered contract shall require that the contractor update the information provided under paragraphs 7#a7 and 7#b7 of section #bjc7;a7 every #f months4 7b7 ,corrective actions 7#a7 ,prime contract ,the contracting officer1 in consultation with the ,labor ,compliance ,advisor designated pursuant to section #bje1 shall determine whether any information provided under subsection 7a7 warrants corrective action4 ,such action may include-- 7,a7 an agreement requiring appropriate remedial measures2 7,b7 compliance assistance2 7,c7 resolving issues to avoid further violations2 7,d7 the decision not to exercise an option on a contract or to terminate the contract2 or 7,e7 referral to the agency suspending and debarring official4 7#b7 ,subcontracts ,the prime contractor for a covered contract1 in consultation with the ,labor ,compliance ,advisor1 shall determine whether any information provided under section #bjc7;a77#b7 warrants corrective action1 including remedial measures1 compliance assistance1 and resolving issues to avoid further violations4 7#c7 ,department of labor ,the ,department of ,labor shall1 as appropriate1 inform executive agencies of its investigations of contractors and subcontractors on current ,federal contracts for purposes of determining the appropriateness of actions described under paragraphs 7#a7 and 7#b74 #bje4 ,labor compliance advisors 7a7 ,in general ,each executive agency shall designate a senior official to act as the agency's ,labor ,compliance ,advisor4 7b7 ,duties ,the ,labor ,compliance ,advisor shall-- 7#a7 meet quarterly with the ,deputy ,secretary1 ,deputy ,administrator1 or equivalent executive agency official with regard to matters covered under this title2 7#b7 work with the acquisition workforce1 agency officials1 and agency contractors to promote greater awareness and understanding of labor law requirements1 including record keeping1 reporting1 and notice requirements1 as well as best practices for obtaining compliance with these requirements2 7#c7 coordinate assistance for executive agency contractors seeking help in addressing and preventing labor violations2 7#d7 in consultation with the ,department of ,labor or other relevant enforcement agencies1 and pursuant to section #bjc7;b7 as necessary1 provide assistance to contracting officers regarding appropriate actions to be taken in response to violations identified prior to or after contracts are awarded1 and address complaints in a timely manner1 by-- 7,a7 providing assistance to contracting officers and other executive agency officials in reviewing the information provided pursuant to subsections 7a7 and 7b7 of section #bjc and section #bjd7;a71 or other information indicating a violation of a labor law in order to assess the serious1 repeated1 willful1 or pervasive nature of any violation and evaluate steps contractors have taken to correct violations or improve compliance with relevant requirements2 7,b7 helping agency officials determine the appropriate response to address violations of the requirements of the labor laws listed in section #bjc7;a77#a7 or other information indicating such a labor violation 7particularly serious1 repeated1 willful1 or pervasive violations71 including agreements requiring appropriate remedial measures1 decisions not to award a contract or exercise an option on a contract1 contract termination1 or referral to the executive agency suspension and debarment official2 7,c7 providing assistance to appropriate executive agency officials in receiving and responding to1 or making referrals of1 complaints alleging violations by agency contractors and subcontractors of the requirements of the labor laws listed in section #bjc7;a77#a72 and 7,d7 supporting contracting officers1 suspension and debarment officials1 and other agency officials in the coordination of actions taken pursuant to this subsection to ensure agency-wide consistency1 to the extent practicable2 7#e7 as appropriate1 send information to agency suspension and debarment officials in accordance with agency procedures2 7#f7 consult with the agency's ,chief ,acquisition ,officer and ,senior ,procurement ,executive1 and the ,department of ,labor as necessary1 in the development of regulations1 policies1 and guidance addressing labor law compliance by contractors and subcontractors2 7#g7 make recommendations to the agency to strengthen agency management of contractor compliance with labor laws2 7#h7 publicly report1 on an annual basis1 a summary of agency actions taken to promote greater labor compliance1 including the agency's response pursuant to this order to serious1 repeated1 willful1 or pervasive violations of the requirements of the labor laws listed in section #bjc7;a77#a72 and 7#i7 participate in the interagency meetings regularly convened by the ,secretary of ,labor pursuant to section #bjf7;b77#b77;,c74 #bjf4 ,measures to ensure government-wide consistency 7a7 ,federal acquisition regulation 7#a7 ,in general ,notwithstanding ,public ,law #aae-aa 7#aca ,stat4 #ge7 and section #eec of title #e1 ,united ,states ,code1 not later than #a year after the date of enactment of this ,act1 the ,secretary of ,defense1 the ,administrator of the ,general ,services ,administration1 and the ,administrator of the ,national ,aeronautics and ,space ,administration shall reissue the final rule entitled ,federal ,acquisition ,regulation2 ,fair ,pay and ,safe ,workplaces 7#ha ,fed4 ,reg4 #eh1efb 7,aug4 #be1 #bjaf771 subject to paragraph 7#b74 7#b7 ,updated dates ,the agencies described in paragraph 7#a7 may1 in reissuing the final rule under such paragraph1 update any date provided in such final rule as reasonable and necessary4 7b7 ,department of labor 7#a7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall reissue the guidance entitled ,guidance for ,executive ,order #acfgc1 ,fair ,pay and ,safe ,workplaces 7#ha ,fed4 ,reg4 #eh1efd 7,aug4 #be1 #bjaf774 ,in reissuing such guidance1 the ,secretary of ,labor may update any date provided in such guidance as reasonable4 7#b7 ,additional activities ,the ,secretary of ,labor shall-- 7,a7 develop a process-- 7i7 for the ,labor ,compliance ,advisors designated pursuant to section #bje to consult with the ,secretary of ,labor in carrying out their responsibilities under section #bje7;b77#d72 7ii7 by which contracting officers and ,labor ,compliance ,advisors may give appropriate consideration to determinations and agreements made by the ,secretary of ,labor and the heads of other executive agencies2 and 7iii7 by which contractors may enter into agreements with the ,secretary of ,labor1 or the head of another executive agency1 prior to being considered for a contract2 7,b7 review data collection requirements and processes1 and work with the ,director of the ,office of ,management and ,budget1 the ,administrator for ,general ,services1 and other agency heads to improve such requirements and processes1 as necessary1 to reduce the burden on contractors and increase the amount of information available to executive agencies2 7,c7 regularly convene interagency meetings of ,labor ,compliance ,advisors to share and promote best practices for improving labor law compliance2 and 7,d7 designate an appropriate contact for executive agencies seeking to consult with the ,secretary of ,labor with respect to the requirements and activities under this title4 7c7 ,office of management and budget ,the ,director of the ,office of ,management and ,budget shall-- 7#a7 work with the ,administrator of ,general ,services to include in the ,federal ,awardee ,performance and ,integrity ,information ,system the information provided by contractors pursuant to sections #bjc7;a77#a7 and #bjd7;a7 and data on the resolution of any issues related to such information2 and 7#b7 designate an appropriate contact for agencies seeking to consult with the ,office of ,management and ,budget on matters arising under this title4 7d7 ,general services administration 7#a7 ,in general ,the ,administrator of ,general ,services1 in consultation with other relevant executive agencies1 shall establish a single ,internet website for ,federal contractors to use for all ,federal contract reporting requirements under this title1 as well as any other ,federal contract reporting requirements to the extent practicable4 7#b7 ,agency cooperation ,the heads of executive agencies with covered contracts shall provide the ,administrator of ,general ,services with the data necessary to maintain the ,internet website established under paragraph 7#a74 7e7 ,minimizing compliance burden ,after reissuing the guidance under subsection 7b77#a7 or the final rule under subsection 7a71 the ,secretary of ,labor or the ,secretary of ,defense1 the ,administrator of the ,general ,services ,administration1 and the ,administrator of the ,national ,aeronautics and ,space ,administration may1 respectively1 amend such guidance or final rule consistent with the requirements under chapter #e of title #e1 ,united ,states ,code4 #bjg4 ,paycheck transparency 7a7 ,in general ,each executive agency entering into a covered contract1 or covered subcontract1 shall ensure that provisions in solicitations for such contracts1 or subcontracts1 and clauses in such contracts1 or subcontracts1 shall provide that1 for each pay period1 contractors or subcontractors provide each individual described in subsection 7b7 with a document containing information with respect to such individual for the pay period concerning hours worked1 overtime hours worked1 pay1 and any additions made to or deductions made from pay4 7b7 ,individuals described ,an individual described in this subsection is any individual performing work under a contract or subcontract for which the contractor or subcontractor is required to maintain wage records under-- 7#a7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7#b7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act72 7#c7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 or 7#d7 an applicable ,state law4 7c7 ,exceptions 7#a7 ,employees exempt from overtime requirements ,the document provided under subsection 7a7 to individuals who are exempt under section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 from the overtime compensation requirements under section #g of such ,act 7#bi ,u4,s4,c4 #bjg7 shall not be required to include a record of the hours worked if the contractor or subcontractor informs the individual of the status of such individual as exempt from such requirements4 7#b7 ,substantially similar state laws ,the requirements under this section shall be deemed to be satisfied if the contractor or subcontractor complies with ,state or local requirements that the ,secretary of ,labor has determined are substantially similar to the requirements under this section4 7d7 ,independent contractors ,if the contractor or subcontractor is treating an individual performing work under a covered contract or subcontract as an independent contractor1 and not as an employee1 the contractor or subcontractor shall provide the individual a document informing the individual of their status as an independent contractor4 #bjh4 ,complaint and dispute transparency 7a7 ,in general 7#a7 ,contracts ,the head of an executive agency may not enter into a contract for the procurement of property or services valued in excess of #ejj1jjj unless the contractor agrees that any decision to arbitrate the claim of an employee or independent contractor performing work under the contract that arises under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or any tort related to or arising out of sexual assault or sexual harassment may only be made with the voluntary consent of the employee or independent contractor after the dispute arises4 7#b7 ,subcontracts ,the head of an executive agency shall require that a contractor covered under paragraph 7#a7 incorporate the requirement under such subsection into each subcontract for the procurement of property or services valued in excess of #ejj1jjj at any tier under the contract4 7b7 ,exceptions 7#a7 ,contracts for commercial items and commercially available off-the-shelf items ,the requirements under subsection 7a7 do not apply to contracts or subcontracts for the acquisition of commercial items or commercially available off-the-shelf items 7as those terms are defined in sections #ajc7a7 and #ajd1 respectively1 of title #da1 ,united ,states ,code74 7#b7 ,employees and independent contractors not covered ,the requirements under subsection 7a7 do not apply with respect to an employee or independent contractor who-- 7,a7 is covered by a collective bargaining agreement negotiated between the contractor or subcontractor and a labor organization representing the employee or independent contractor2 or 7,b7 entered into a valid agreement to arbitrate claims covered under such subsection before the contractor or subcontractor bid on the contract covered under such subsection1 except that such requirements do apply-- 7i7 if the contractor or subcontractor is permitted to change the terms of the arbitration agreement with the employee or independent contractor2 or 7ii7 in the event the arbitration agreement is renegotiated or replaced after the contractor or subcontractor bids on the contract4 #bji4 ,neutrality 7a7 ,costs incurred in maintaining satisfactory relations between a contractor1 and its employees1 on a covered contract or a subcontractor1 and its employees1 on a covered subcontract 7other than those made unallowable in subsection 7b7 of this section71 including costs of shop stewards1 labor management committees1 employee publications1 and other related activities1 are allowable4 7b7 ,no ,federal funds made available through a covered contract or covered subcontract may be used to engage in activities undertaken to persuade employees1 of any entity1 to exercise or not to exercise1 or concerning the manner of exercising1 the right to organize and bargain collectively through representatives of the employees' own choosing or any other activities that are subject to the requirements under section #bjc7;b7 of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dcc7;b774 ,examples of unallowable costs under this subsection include the costs of-- 7#a7 preparing and distributing materials2 7#b7 hiring or consulting legal counsel or consultants2 7#c7 meetings 7including paying the salaries of the attendees at meetings held for this purpose72 and 7#d7 planning or conducting activities by managers1 supervisors1 or union representatives during work hours4 #baj4 ,implementing regulations ,not later than #i months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall amend the ,federal ,acquisition ,regulation to carry out the provisions of this title1 including sections #bjg and #bjh4 #baa4 ,severability ,if any provision of this title or the application of any such provision to any person or circumstance is held to be unconstitutional1 the remaining provisions of this title and the application of such provisions to any person or circumstance shall not be affected by such holding4 #bab4 ,rules of construction ,nothing in this title shall be construed as-- 7#a7 impairing or otherwise affecting the authority granted by law to an executive agency or the head thereof2 or 7#b7 impairing or otherwise affecting the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4 ,,iii ,authorization of appropriations #cja4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this ,act1 including any amendments made by this ,act4