Stopping Teachers Unions from Damaging Education Needs Today Act
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.
Sec. 2 Findings
Sec. 3 Membership classification
“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) 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 of the United States 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 the employee's 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
“(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 citizen of the United States.
“(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 of this title; 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), 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;
“(iii) an individual’s moral character is necessarily determined, in whole or in part, by the sex, race, ethnicity, religion, color, or national origin of the individual; or
“(iv) promotes antisemitic beliefs or practices, including beliefs that perpetuate harmful stereotypes about Jewish people, deny or minimize the Holocaust, or promote hatred or discrimination against Jewish individuals based on identity, ancestry or connection to and beliefs about Israel; 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, practices, 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); 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 each of its State and local affiliates shall be deemed to be a labor organization, 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 such Act applicable to labor organizations.”