[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2307 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2307
To restore certain political rights to workers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 27, 1993
Mr. DeLay (for himself, Mr. Archer, Mr. Armey, Mr. Baker of Louisiana,
Mr. Ballenger, Mr. Barrett of Nebraska, Mr. Barton of Texas, Mr.
Bateman, Mr. Bereuter, Mr. Boehner, Mr. Coble, Mr. Combest, Mr. Cox,
Mr. Crane, Mr. Doolittle, Mr. Dornan, Mr. Duncan, Mr. Emerson, Mr.
Fawell, Mr. Gallegly, Mr. Gilchrest, Mr. Gingrich, Mr. Goodlatte, Mr.
Goss, Mr. Gunderson, Mr. Hancock, Mr. Hansen, Mr. Hefley, Mr. Herger,
Mr. Hoekstra, Mr. Inglis of South Carolina, Mr. Inhofe, Mr. Sam Johnson
of Texas, Mr. Kolbe, Mr. Kyl, Mr. Lewis of Florida, Mr. Livingston, Mr.
McCollum, Mr. McMillan, Mr. Miller of Florida, Mr. Moorhead, Mr. Oxley,
Mr. Packard, Mr. Porter, Ms. Pryce of Ohio, Mr. Ramstad, Mr.
Rohrabacher, Mr. Schaefer, Mr. Shaw, Mr. Smith of Texas, Mr. Stump, Mr.
Taylor of North Carolina, Mr. Thomas of California, Mr. Thomas of
Wyoming, Mrs. Vucanovich, and Mr. Walker) introduced the following
bill; which was referred to the Committee on House Administration
_______________________________________________________________________
A BILL
To restore certain political rights to workers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workers' Political Rights Act''.
SEC. 2. LIMITATION ON CONTRIBUTIONS AND EXPENDITURES BY LABOR
ORGANIZATIONS.
(a) Contributions to All Political Committees Included.--Paragraph
(2) of section 316(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b(b)(2)) is amended by inserting ``political committee,''
after ``campaign committee,''.
(b) Applicability of Requirements to Labor Organizations.--Section
316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b))
is amended by adding at the end thereof the following new paragraph:
``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not
apply to a labor organization unless the organization meets the
requirements of subparagraphs (B), (C), and (D).
``(B) The requirements of this subparagraph are met only if the
labor organization provides, at least once annually, to all employees
within the labor organization's bargaining unit or units (and to new
employees within 30 days after commencement of their employment)
written notification presented in a manner to inform any such
employee--
``(i) that an employee cannot be obligated to pay, through
union dues or any other mandatory payment to a labor
organization, for the political activities of the labor
organization, including, but not limited to, the maintenance
and operation of, or solicitation of contributions to, a
political committee, political communications to members, and
voter registration and get-out-the-vote campaigns;
``(ii) that no employee may be required actually to join
any labor organization, but if a collective bargaining
agreement covering an employee purports to require membership
or payment of dues or other fees to a labor organization as a
condition of employment, the employee may elect instead to pay
an agency fee to the labor organization;
``(iii) that the amount of the agency fee shall be limited
to the employee's pro rata share of the cost of the labor
organization's exclusive representation services to the
employee's collective bargaining unit, including collective
bargaining, contract administration, and grievance adjustment;
``(iv) that an employee who elects to be a full member of
the labor organization and pay membership dues is entitled to a
reduction of those dues by the employee's pro rata share of the
total spending by the labor organization for political
activities;
``(v) that the cost of the labor organization's exclusive
representation services, and the amount of spending by such
organization for political activities, shall be computed on the
basis of such cost and spending for the immediately preceding
fiscal year of such organization; and
``(vi) of the amount of the labor organization's full
membership dues, initiation fees, and assessments for the
current year; the amount of the reduced membership dues,
subtracting the employee's pro rata share of the organization's
spending for political activities, for the current year; and
the amount of the agency fee for the current year.
``(C) The requirements of this subparagraph are met only if the
labor organization provides all represented employees an annual
examination by an independent certified public accountant of financial
statements supplied by such organization which attests that the
expenditures which the union claimed it made for certain expenses were
actually made for those expenses. Such examination shall be conducted
in accordance with generally accepted auditing standards.
``(D) The requirements of this subparagraph are met only if the
labor organization--
``(i) maintains procedures to promptly determine the costs
that may properly be charged to agency fee payors as costs of
exclusive representation, and explains such procedures in the
written notification required under subparagraph (B); and
``(ii) if any person challenges the costs which may be
properly charged as costs of exclusive representation--
``(I) provides a mutually selected impartial
decisionmaker to hear and decide such challenge
pursuant to rules of discovery and evidence and subject
to de novo review by the National Labor Relations Board
or an applicable court; and
``(II) places in escrow amounts reasonably in
dispute pending the outcome of the challenge.
``(E)(i) A labor organization that does not satisfy the
requirements of subparagraphs (B), (C), and (D) shall finance any
expenditures specified in subparagraphs (A), (B), or (C) of paragraph
(2) only with funds legally collected under this Act for its separate
segregated fund.
``(ii) For purposes of this paragraph, subparagraph (A) of
paragraph (2) shall apply only with respect to communications expressly
advocating the election or defeat of any clearly identified candidate
for elective public office.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to contributions and
expenditures made after the date of the enactment of this Act.
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