[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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