[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4461 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4461

To amend title 5, United States Code, to provide that agencies may not 
 deduct labor organization dues from the pay of Federal employees, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2016

 Mr. Tom Price of Georgia (for himself, Mr. Allen, Mrs. Blackburn, Mr. 
 Brat, Mr. Buck, Mr. Burgess, Mr. Collins of Georgia, Mr. Cramer, Mr. 
 DesJarlais, Mr. Duncan of South Carolina, Mr. Franks of Arizona, Mr. 
    Gosar, Mr. Graves of Georgia, Mr. Hudson, Mr. King of Iowa, Mr. 
   LaMalfa, Mr. Palazzo, Mr. Palmer, Mr. Pearce, Mr. Ratcliffe, Mr. 
    Rokita, Mr. Rouzer, Mr. Salmon, Mr. Stewart, Mr. Stutzman, Mr. 
 Westerman, Mr. Westmoreland, Mr. Wilson of South Carolina, Mr. Yoho, 
  Mrs. Lummis, and Mr. Mica) introduced the following bill; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to provide that agencies may not 
 deduct labor organization dues from the pay of Federal employees, and 
                          for other purposes.

    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 ``Federal Employee Rights Act''.

SEC. 2. LABOR ORGANIZATION DUES.

    (a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United 
States Code, is amended by striking section 7115 and inserting the 
following:
``Sec. 7115. Labor organization dues
    ``(a) Dues Not Deductible From Pay.--
            ``(1) In general.--An agency may not deduct any amount from 
        the pay of an employee for the dues of a labor organization.
            ``(2) Restriction.--Appropriated funds may not be used to 
        pay an employee who makes deductions described in paragraph 
        (1).
            ``(3) Definition.--For purposes of this subsection, the 
        term `agency' means--
                    ``(A) an Executive agency (as defined in section 
                105), the United States Postal Service, and the Postal 
                Regulatory Commission;
                    ``(B) an office, agency, or other establishment in 
                the legislative branch;
                    ``(C) an office, agency, or other establishment in 
                the judicial branch; and
                    ``(D) the government of the District of Columbia.
    ``(b) Prohibition on Use of Dues for Political Purposes.--
            ``(1) In general.--Employee dues collected by a labor 
        organization pursuant to this chapter may not be used for any 
        purpose not directly related to the organization's collective 
        bargaining activities on behalf of the employee under this 
        chapter unless, after a notice period of not less than 35 days, 
        the employee authorizes such use in writing.
            ``(2) Expiration.--An authorization under paragraph (1) 
        shall--
                    ``(A) expire not later than 1 year after the date 
                on which such authorization is signed by the employee; 
                and
                    ``(B) not provide for an automatic renewal of any 
                authorization under this subsection.''.
    (b) Postal Service Amendment.--Section 1205 of title 39, United 
States Code, is amended to read as follows:
``Sec. 1205. Prohibition on use of dues for political purposes
    ``(a) Employee dues collected by a labor organization pursuant to 
this chapter may not be used for any purpose not directly related to 
the organization's collective bargaining activities on behalf of the 
employee under this chapter unless, after a notice period of not less 
than 35 days, the employee authorizes such use in writing.
    ``(b) An authorization under subsection (a) shall--
            ``(1) expire not later than 1 year after the date on which 
        such authorization is signed by the employee; and
            ``(2) not provide for an automatic renewal of any 
        authorization under this subsection.''.
    (c) Clerical Amendments.--
            (1) Title 5.--The table of sections at the beginning of 
        chapter 71 of title 5, United States Code, is amended by 
        striking the item relating to section 7115 and inserting the 
        following:

``7115. Labor organization dues.''.
            (2) Title 39.--The table of sections at the beginning of 
        chapter 12 of title 39, United States Code, is amended by 
        striking the item relating to section 1205 and inserting the 
        following:

``1205. Prohibition on use of dues for political purposes.''.
    (d) Effective Dates; Transition Provisions.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on the date of enactment of this section.
            (2) Transition provisions.--
                    (A) Current deductions for dues of an exclusive 
                representative.--Nothing in this section shall, in the 
                case of an assignment received before the date of 
                enactment of this section under subsection (a) of 
                section 7115 of title 5, United States Code (as then in 
                effect), cause the termination of such assignment 
                before--
                            (i) the date on which such assignment is 
                        revoked, in accordance with the last sentence 
                        of such subsection (a) (as last in effect 
                        before such date of enactment); or
                            (ii) if earlier, the date determined under 
                        paragraph (1) or (2) of subsection (b) of such 
                        section 7115 (as last in effect before such 
                        date of enactment).
                    (B) Current deductions for dues of other labor 
                organizations.--Nothing in this section shall, in the 
                case of a voluntary allotment made before the date of 
                enactment of this section under subsection (c) of 
                section 7115 of title 5, United States Code (as then in 
                effect), cause the termination of such allotment before 
                the date on which the underlying agreement (under 
                authority of which such allotment is being made) ceases 
                to have effect, whether by reason of section 
                7115(c)(2)(B) of such title 5 (as last in effect before 
                such date of enactment) or otherwise.
                    (C) Current deductions for dues of a labor 
                organization from postal service employees.--Nothing in 
                this section shall, in the case of a written assignment 
                received before the date of enactment of this section 
                under section 1205 of title 39, United States Code (as 
                then in effect), cause the termination of such 
                assignment before the date on which such assignment--
                            (i) is revoked in accordance with such 
                        section (as last in effect before such date of 
                        enactment); or
                            (ii) otherwise expires.
            (3) Nonrenewability.--
                    (A) In general.--An agreement between an agency and 
                a labor organization, entered into before the date of 
                enactment of this section under subsection (a) or (c) 
                of section 7115 of such title 5 (as then in effect), 
                shall not, to the extent that it relates to deductions 
                for the payment of dues of such labor organization, be 
                subject to renewal or extension.
                    (B) Postal service.--A written assignment received 
                by the United States Postal Service under section 1205 
                of title 39, United States Code (as then in effect) or 
                an agreement between the United States Postal Service 
                and any organization of employees in effect pursuant to 
                1205(b) of such title (as then in effect), shall not, 
                to the extent that it relates to deductions for the 
                payment of dues of such organization, be subject to 
                renewal or extension.
            (4) Definitions.--For purposes of this subsection, the 
        terms ``agency'', ``exclusive representative'', and ``labor 
        organization'' have the respective meanings given such terms in 
        section 7103 of title 5, United States Code.

SEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION.

    (a) In General.--Section 7111 of title 5, United States Code, is 
amended--
            (1) in subsection (a), by striking ``who cast valid ballots 
        in the election'';
            (2) in subsection (b)(1)(A), by striking ``30 percent'' and 
        inserting ``more than 50 percent''; and
            (3) in subsection (f)(4), by striking ``voting'' and insert 
        ``in the appropriate unit''.
    (b) Postal Service Amendments.--Section 1203 of title 39, United 
States Code, is amended--
            (1) in subsection (c)(1), by striking ``a substantial 
        number of employees'' and inserting ``a majority of employees 
        in a unit''; and
            (2) in subsection (d), by striking ``30 percent'' and 
        inserting ``more than 50 percent''.
    (c) Application.--The amendments made by subsections (a) and (b) 
shall apply to any applicable election or petition filed after the date 
of enactment of this Act.

SEC. 4. USE OF PERSONAL INFORMATION.

    (a) In General.--Section 7111 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(h) During any organizing activity conducted under this chapter, 
an employee may elect, in writing, to withhold the employee's personal 
information from a labor organization.''.
    (b) Postal Service Amendment.--Section 1203 of title 39, United 
States Code, is further amended by adding at the end the following:
    ``(f) During any organizing activity conducted under this chapter, 
an employee may elect, in writing, to withhold the employee's personal 
information from a labor organization.''.

SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS.

    (a) In General.--Section 7111(d) of title 5, United States Code, is 
amended by adding at the end after the period the following: ``Any 
election under this chapter shall be a secret paper ballot election.''.
    (b) Postal Service Amendment.--Section 1204(a) of title 39, United 
States Code, is amended by adding at the end after the period the 
following: ``Any election under this chapter shall be a secret paper 
ballot election.''.
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