[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4705 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4705
To amend chapter 1511 of title 36, United States Code, to impose
certain requirements on the National Education Association, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2023
Mr. Fitzgerald (for himself, Mr. Tiffany, Mrs. Miller of Illinois, Mr.
Steube, and Mr. Grothman) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 1511 of title 36, United States Code, to impose
certain requirements on the National Education Association, 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 ``Stopping Teachers Unions from
Damaging Education Needs Today Act'' or the ``STUDENT Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Education Association (referred to in this
section as the NEA) was chartered in 1906 by an Act of Congress
``to elevate the character and advance the interests of the
profession of teaching; and to promote the cause of education
in the United States'' and remains the only labor union that
has a Federal charter.
(2) By continuing to hold its Federal charter, the NEA's
actions and advocacy effectively receive Congress' seal of
approval.
(3) The NEA can no longer be considered a patriotic or
national organization worthy of its Federal charter as it has
drifted substantially from its core mission and become a
massive political operation dedicated to electing Democrats and
imposing a radical progressive agenda on America's schools.
(4) In July 2019, NEA members held a conference and voted
against adding a business item to the organization that stated:
``The National Education Association will rededicate itself to
the pursuit of increased student learning in every public
school in America by putting a renewed emphasis on quality
education. NEA will make student learning the priority of the
association''.
(5) In the same conference, members voted in support of the
right to an abortion, supporting illegal immigration, and
expanding professional development for educators to help create
student Gender Sexuality Alliance clubs.
(6) According to disclosures made to the Office of Labor-
Management Standards, from September 2019 to August 2021, the
NEA spent over $116,700,000 on political activities and
lobbying, and in the 2020 election cycle, 95.7 percent of
candidate campaign contributions by the NEA went to Democrat
candidates.
(7) The NEA adopted measures in July 2021 to support
critical race theory, calling it ``reasonable and
appropriate'', and to spend $56,500 on researching and shaming
organizations fighting the inclusion of critical race theory in
schools.
(8) The NEA and other teacher unions stood in the way of
reopening schools in 2020 and 2021 by threatening strikes,
donating to Democrat candidates that backed school closures,
and influencing Centers for Disease Control and Prevention
guidance to make it harder for schools to reopen.
SEC. 3. MEMBERSHIP CLASSIFICATION.
Section 151103 of title 36, United States Code, is amended to read
as follows:
``Sec. 151103. Membership
``(a) In General.--Except as otherwise provided in this section,
eligibility for membership in the corporation and the rights,
obligations, and designation of classes of members are as provided in
the bylaws.
``(b) Collection of Dues From State or Local Government
Employees.--The corporation and its State and local affiliates may only
accept payment of membership dues or fees from an employee of a State
or local government (as such terms are defined in section 3371 of title
5, United States Code) either directly from the employee or indirectly
via per capita taxes or other fees paid by an affiliate, if--
``(1) the employee has been notified by the corporation or
its applicable State or local affiliate of their right under
the First Amendment to the Constitution to refrain from
membership and payment of associated dues or fees;
``(2) the employee has clearly and affirmatively consented
to membership and payment of associated dues or fees; and
``(3) the employee has authorized the transmittal of their
membership dues or fees to the corporation or its applicable
State or local affiliate without the use, directly or
indirectly, of payroll deduction.
``(c) Membership Cancellation.--The corporation and its State or
local affiliates shall process and honor membership and dues payment
cancellation requests as soon as practicable following receipt.''.
SEC. 4. REQUIREMENTS.
Section 151105 of title 36, United States Code, is amended--
(1) in the matter before paragraph (1), by striking ``The''
and inserting ``(a) Powers.--The''; and
(2) by adding at the end the following:
``(b) Requirements.--The corporation shall comply with the
following requirements:
``(1) The corporation, or a director or officer of the
corporation as such, may not contribute to, support, or
participate in any political activity or in any manner attempt
to influence legislation.
``(2) The corporation and its State or local affiliates
shall not--
``(A) discriminate against individuals on the basis
of race, color, religion, sex, disability, age, or
national origin; or
``(B) establish or observe any quota based on race,
color, religion, sex, disability, age, or national
origin in matters concerning membership, corporate
governance, or personnel.
``(3) Each officer of the corporation shall be a United
States citizen.
``(4) The corporation shall maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986.
``(5) The form of government of the corporation must be
representative of the membership at-large and may not permit
concentration of control in a limited number of members or in a
self-perpetuating group not representative of the membership at
large.
``(6) The corporation is liable for any act of any officer
or agent of the corporation acting within the scope of the
authority of the corporation.
``(7) The corporation shall comply with the law governing
service of process in--
``(A) the District of Columbia;
``(B) each State in which it is incorporated; and
``(C) each State in which it carries out
activities.
``(8) The corporation shall keep--
``(A) correct and complete records of account;
``(B) minutes of the proceedings of members, board
of directors, and committees of the corporation having
any of the authority of the board of directors of the
corporation; and
``(C) at the principal office of the corporation
established under section 151107 of this title, a
record of the names and addresses of the members of the
corporation entitled to vote on matters relating to the
corporation.
``(9) A member entitled to vote on any matter relating to
the corporation, or an agent or attorney of the member, may
inspect the records of the corporation for any proper purpose
at any time.
``(10) The corporation shall submit to Congress an annual
report on the activities of the corporation during the
preceding fiscal year.
``(11) The Attorney General of the United States may bring
a civil action in the United States District Court for the
District of Columbia for appropriate equitable relief if the
corporation--
``(A) engages or threatens to engage in any act,
practice, or policy that is inconsistent with the
purposes described in section 151102; or
``(B) refuses, fails, or neglects to carry out its
obligations under this chapter or threatens to do so.
``(12) On dissolution or final liquidation of the
corporation, any assets remaining after the discharge or
satisfactory provision for the discharge of all liabilities
shall be either deposited in the Treasury of the United States
as a miscellaneous receipt or divided equally among employed
individuals who are, at the time of dissolution or final
liquidation, members of the corporation or any of its State or
local affiliates.
``(13) No part of the compensation received for work
performed on behalf of the corporation, or any of its State or
local affiliates, by any officer or representative of the
corporation, or any of its State or local affiliates, who is an
employee of a State or local government (as such terms are
defined in section 3371 of title 5, United States Code), may be
derived from payments made by the State or local government to
the corporation or its officers or representatives.
``(14) The corporation and its State or local affiliates
shall not--
``(A) require or encourage staff, officers,
affiliates, or members to affirm, adopt, or adhere to
any belief of concept that--
``(i) the United States is fundamentally or
irredeemably racist or sexist;
``(ii) an individual, by virtue of sex,
race, ethnicity, religion, color, or national
origin--
``(I) is inherently racist, sexist,
or oppressive, whether consciously or
unconsciously; or
``(II) should be blamed for actions
committed in the past by other members
of the same sex, race, ethnicity,
religion, color, or national origin; or
``(iii) an individual's moral character is
necessarily determined, in whole or in part, by
his or her sex, race, ethnicity, religion,
color, or national origin; or
``(B) advocate for or encourage any local
educational agency, public school (including a public
charter school), or governmental entity responsible for
the oversight of public secondary or elementary schools
to require students to affirm, adopt or adhere to any
of the beliefs or concepts described in subparagraph
(A).
``(15) The corporation and its State or local affiliates
shall not--
``(A) call, or participate in, a strike, work
stoppage, or slowdown affecting a State or local
government (as such terms are defined in section 3371
of title 5, United States Code); or
``(B) condone any activity described in
subparagraph (A) of this paragraph by failing to take
action to prevent or stop such activity.
``(16) The corporation and its State and local affiliates
shall be deemed to be `labor organizations' as such term is
defined in section 3 of the Labor-management Reporting and
Disclosure Act of 1959 (29 U.S.C. 402) and shall abide by all
provisions of that chapter applicable to labor
organizations.''.
SEC. 5. REPEAL OF DISTRICT OF COLUMBIA PROPERTY TAX EXEMPTION.
(a) In General.--Section 151106 of title 36, United States Code, is
repealed.
(b) Conforming Amendment.--The analysis for chapter 1511 of title
36, United States Code, is amended by repealing the item relating to
section 151106.
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