I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Employee 

5 Rights Act’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 4461 IH

1 SEC. 2. LABOR ORGANIZATION DUES. 

2 (a) DUES NOT DEDUCTIBLE FROM PAY.—Chapter 

3 71 of title 5, United States Code, is amended by striking 

4 section 7115 and inserting the following: 

5 ‘‘§ 7115. Labor organization dues 

6 ‘‘(a) DUES NOT DEDUCTIBLE FROM PAY.— 

7 ‘‘(1) IN GENERAL.—An agency may not deduct 

8 any amount from the pay of an employee for the 

9 dues of a labor organization. 

10 ‘‘(2) RESTRICTION.—Appropriated funds may 

11 not be used to pay an employee who makes deduc12 tions described in paragraph (1). 

13 ‘‘(3) DEFINITION.—For purposes of this sub14 section, the term ‘agency’ means— 

15 ‘‘(A) an Executive agency (as defined in 

16 section 105), the United States Postal Service, 

17 and the Postal Regulatory Commission; 

18 ‘‘(B) an office, agency, or other establish19 ment in the legislative branch; 

20 ‘‘(C) an office, agency, or other establish21 ment in the judicial branch; and 

22 ‘‘(D) the government of the District of Co23 lumbia. 

24 ‘‘(b) PROHIBITION ON USE OF DUES FOR POLITICAL

25 PURPOSES.— 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 4461 IH

1 ‘‘(1) IN GENERAL.—Employee dues collected by 

2 a labor organization pursuant to this chapter may 

3 not be used for any purpose not directly related to 

4 the organization’s collective bargaining activities on 

5 behalf of the employee under this chapter unless, 

6 after a notice period of not less than 35 days, the 

7 employee authorizes such use in writing. 

8 ‘‘(2) EXPIRATION.—An authorization under 

9 paragraph (1) shall— 

10 ‘‘(A) expire not later than 1 year after the 

11 date on which such authorization is signed by 

12 the employee; and 

13 ‘‘(B) not provide for an automatic renewal 

14 of any authorization under this subsection.’’. 

15 (b) POSTAL SERVICE AMENDMENT.—Section 1205 of 

16 title 39, United States Code, is amended to read as fol17 lows: 

18 ‘‘§ 1205. Prohibition on use of dues for political pur19 poses 

20 ‘‘(a) Employee dues collected by a labor organization 

21 pursuant to this chapter may not be used for any purpose 

22 not directly related to the organization’s collective bar23 gaining activities on behalf of the employee under this 

24 chapter unless, after a notice period of not less than 35 

25 days, the employee authorizes such use in writing. 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 4461 IH

1 ‘‘(b) An authorization under subsection (a) shall— 

2 ‘‘(1) expire not later than 1 year after the date 

3 on which such authorization is signed by the em4 ployee; and 

5 ‘‘(2) not provide for an automatic renewal of 

6 any authorization under this subsection.’’. 

7 (c) CLERICAL AMENDMENTS.— 

8 (1) TITLE 5.—The table of sections at the be9 ginning of chapter 71 of title 5, United States Code, 

10 is amended by striking the item relating to section 

11 7115 and inserting the following: 

‘‘7115. Labor organization dues.’’. 

12 (2) TITLE 39.—The table of sections at the be13 ginning of chapter 12 of title 39, United States 

14 Code, is amended by striking the item relating to 

15 section 1205 and inserting the following: 

‘‘1205. Prohibition on use of dues for political purposes.’’. 

16 (d) EFFECTIVE DATES; TRANSITION PROVISIONS.— 

17 (1) EFFECTIVE DATE.—The amendments made 

18 by this section shall take effect on the date of enact19 ment of this section. 

20 (2) TRANSITION PROVISIONS.— 

21 (A) CURRENT DEDUCTIONS FOR DUES OF

22 AN EXCLUSIVE REPRESENTATIVE.—Nothing in 

23 this section shall, in the case of an assignment 

24 received before the date of enactment of this 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 4461 IH

1 section under subsection (a) of section 7115 of 

2 title 5, United States Code (as then in effect), 

3 cause the termination of such assignment be4 fore— 

5 (i) the date on which such assignment 

6 is revoked, in accordance with the last sen7 tence of such subsection (a) (as last in ef8 fect before such date of enactment); or 

9 (ii) if earlier, the date determined 

10 under paragraph (1) or (2) of subsection 

11 (b) of such section 7115 (as last in effect 

12 before such date of enactment). 

13 (B) CURRENT DEDUCTIONS FOR DUES OF

14 OTHER LABOR ORGANIZATIONS.—Nothing in 

15 this section shall, in the case of a voluntary al16 lotment made before the date of enactment of 

17 this section under subsection (c) of section 

18 7115 of title 5, United States Code (as then in 

19 effect), cause the termination of such allotment 

20 before the date on which the underlying agree21 ment (under authority of which such allotment 

22 is being made) ceases to have effect, whether by 

23 reason of section 7115(c)(2)(B) of such title 5 

24 (as last in effect before such date of enactment) 

25 or otherwise. 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 4461 IH

1 (C) CURRENT DEDUCTIONS FOR DUES OF

2 A LABOR ORGANIZATION FROM POSTAL SERVICE

3 EMPLOYEES.—Nothing in this section shall, in 

4 the case of a written assignment received before 

5 the date of enactment of this section under sec6 tion 1205 of title 39, United States Code (as 

7 then in effect), cause the termination of such 

8 assignment before the date on which such as9 signment— 

10 (i) is revoked in accordance with such 

11 section (as last in effect before such date 

12 of enactment); or 

13 (ii) otherwise expires. 

14 (3) NONRENEWABILITY.— 

15 (A) IN GENERAL.—An agreement between 

16 an agency and a labor organization, entered 

17 into before the date of enactment of this section 

18 under subsection (a) or (c) of section 7115 of 

19 such title 5 (as then in effect), shall not, to the 

20 extent that it relates to deductions for the pay21 ment of dues of such labor organization, be 

22 subject to renewal or extension. 

23 (B) POSTAL SERVICE.—A written assign24 ment received by the United States Postal Serv25 ice under section 1205 of title 39, United 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 4461 IH

1 States Code (as then in effect) or an agreement 

2 between the United States Postal Service and 

3 any organization of employees in effect pursu4 ant to 1205(b) of such title (as then in effect), 

5 shall not, to the extent that it relates to deduc6 tions for the payment of dues of such organiza7 tion, be subject to renewal or extension. 

8 (4) DEFINITIONS.—For purposes of this sub9 section, the terms ‘‘agency’’, ‘‘exclusive representa10 tive’’, and ‘‘labor organization’’ have the respective 

11 meanings given such terms in section 7103 of title 

12 5, United States Code. 

13 SEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A 

14 UNIT TO JOIN UNION. 

15 (a) IN GENERAL.—Section 7111 of title 5, United 

16 States Code, is amended— 

17 (1) in subsection (a), by striking ‘‘who cast 

18 valid ballots in the election’’; 

19 (2) in subsection (b)(1)(A), by striking ‘‘30 per20 cent’’ and inserting ‘‘more than 50 percent’’; and 

21 (3) in subsection (f)(4), by striking ‘‘voting’’ 

22 and insert ‘‘in the appropriate unit’’. 

23 (b) POSTAL SERVICE AMENDMENTS.—Section 1203 

24 of title 39, United States Code, is amended— 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 4461 IH

1 (1) in subsection (c)(1), by striking ‘‘a substan2 tial number of employees’’ and inserting ‘‘a majority 

3 of employees in a unit’’; and 

4 (2) in subsection (d), by striking ‘‘30 percent’’ 

5 and inserting ‘‘more than 50 percent’’. 

6 (c) APPLICATION.—The amendments made by sub7 sections (a) and (b) shall apply to any applicable election 

8 or petition filed after the date of enactment of this Act. 

9 SEC. 4. USE OF PERSONAL INFORMATION. 

10 (a) IN GENERAL.—Section 7111 of title 5, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(h) During any organizing activity conducted under 

14 this chapter, an employee may elect, in writing, to with15 hold the employee’s personal information from a labor or16 ganization.’’. 

17 (b) POSTAL SERVICE AMENDMENT.—Section 1203 of 

18 title 39, United States Code, is further amended by adding 

19 at the end the following: 

20 ‘‘(f) During any organizing activity conducted under 

21 this chapter, an employee may elect, in writing, to with22 hold the employee’s personal information from a labor or23 ganization.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 4461 IH

1 SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELEC2 TIONS. 

3 (a) IN GENERAL.—Section 7111(d) of title 5, United 

4 States Code, is amended by adding at the end after the 

5 period the following: ‘‘Any election under this chapter 

6 shall be a secret paper ballot election.’’. 

7 (b) POSTAL SERVICE AMENDMENT.—Section 

8 1204(a) of title 39, United States Code, is amended by 

9 adding at the end after the period the following: ‘‘Any 

10 election under this chapter shall be a secret paper ballot 

11 election.’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS