,,ii #aacth ,,congress #b;d ,session ,s4 #bfhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjad ,mr4 ,thune 7for himself1 ,mr4 ,alexander1 ,mr4 ,cornyn1 and ,mr4 ,isakson7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to ensure labor organization transparency and accountability4 #a4 ,short title ,this ,act may be cited as the ,union ,transparency and ,accountability ,act4 #b4 ,disclosure requirements ,section #bjh of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dch7 is amended-- 7#a7 by striking ,the ,secretary and inserting 7a7 ,the ,secretary2 and 7#b7 by adding at the end the following3 7b7 ,notwithstanding subsection 7a7 and for each fiscal year1 a labor organization that would be required to file form ,,lm-#b under part #djc of title #bi1 ,code of ,federal ,regulations1 under section #bja7;a7 7as such part was in effect on ,october #ab1 #bjji7 shall be required to annually file with the ,secretary-- 7#a7 form ,,lm-#b1 as published in the appendix to the final rule issued by the ,secretary of ,labor entitled ,labor ,organization ,annual ,financial ,reports 7#gd ,fed4 ,reg4 #cfgh 7,january #ba1 #bjji772 or 7#b7 a successor form that includes all of the information required in such form ,,lm-#b 7as such form was published on ,january #ba1 #bjji74 7c7 ,notwithstanding subsection 7a7 and for each fiscal year1 a labor organization that would be required to file form ,t-#a under part #djc of title #bi1 ,code of ,federal ,regulations 7as such part was in effect on ,november #cj1 #bjaj7 shall file with the ,secretary1 as the report concerning trusts in which a labor organization is interested-- 7#a7 form ,t-#a1 as published in the appendix to the final rule issued by the ,secretary entitled ,labor ,organization ,annual ,financial ,reports for ,trusts in ,which a ,labor ,organization ,is ,interested1 ,form ,t-#a 7#gc ,fed4 ,reg4 #egdab 7,october #b1 #bjjh772 or 7#b7 a successor form that includes all of the information required in such form ,t-#a 7as such form was published on ,october #b1 #bjjh74 7d7 ,notwithstanding subsection 7a7 and for each fiscal year1 an officer or employee of a labor organization who would be required to file form ,,lm-#cj under part #djd of title #bi1 ,code of ,federal ,regulations 7as such part was in effect on ,october #be1 #bjaa7 shall be required to file with the ,secretary-- 7#a7 form ,,lm-#cj1 as published in the appendix to the final rule issued by the ,secretary entitled ,labor ,organization ,officer and ,employee ,report1 ,form ,,lm-#cj 7#gb ,fed4 ,reg4 #cfajf 7,july #b1 #bjjg772 or 7#b7 a successor form that includes all of the information required in such form ,,lm-#cj 7as such form was published on ,july #b1 #bjjg74 4 #c4 ,civil fines relating to disclosure violations 7a7 ,civil fines for failure ,to provide information to members ,section #bja of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dca7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7c77#a72 and 7#b7 by inserting after such subsection 7c77#a7 the following3 7#b7 ,any labor organization that fails to meet the requirements of paragraph 7#a7 with respect to a member1 by refusing to make available the information required to be contained in a report required to be submitted under this title1 and any books1 records1 and accounts necessary to verify such report 7unless such failure or refusal results from matters reasonably beyond the control of the labor organization71 may in the court's discretion1 and in addition to any other relief provided by law and determined proper by the court1 be liable to such member for an amount that is not more than #bej a day from the date of such failure or refusal 7except that such amount shall be adjusted for inflation in the same manner as the ,secretary adjusts the amount of a civil fine under section #baa7;c774 ,for purposes of this paragraph1 each violation with respect to any single member shall be treated as a separate violation4 4 7b7 ,civil enforcement for failure ,to file a timely report ,section #baj of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #ddj7 is amended to read as follows3 #baj4 ,civil enforcement 7a7 ,in general ,whenever it shall appear that any person has violated or is about to violate any of the provisions of this title1 or section #cja7;a71 the ,secretary may bring a civil action for such relief1 including an injunction or the enforcement of a civil fine imposed under section #baa1 as may be appropriate4 ,any such action may be brought in the district court of the ,united ,states where the violation occurred or in the ,united ,states ,district ,court for the ,district of ,columbia4 7b7 ,judicial review for enforcement of civil fines 7#a7 ,standard of review ,upon a complaint filed by the ,secretary seeking the enforcement of a civil fine1 the appropriate district court shall impose the civil fine that has been determined to be appropriate by the ,secretary-- 7,a7 if the person1 labor organization1 or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard before the ,secretary or a designee of such ,secretary1 in accordance with procedures established by the ,secretary under section #baa7;g77#a72 and 7,b7 unless the ,secretary's determination is shown to be arbitrary and capricious4 7#b7 ,scope of review ,the appropriate court shall not consider any objection or argument that was not raised in the proceedings before the ,secretary4 7c7 ,appropriateness of injunctive relief ,upon a complaint filed by the ,secretary seeking relief under this section demonstrating that a person1 labor organization1 or employer has failed to file timely and complete reports required by this title or section #cja7;a71 or has filed reports that are substantially incomplete or inaccurate1 or that information required to be reported may be lost or destroyed absent such relief1 the district court shall issue an order enjoining continued violation of this title or section #cja7;a74 ,injunctive relief may be awarded in addition to any other additional civil or criminal remedy and whether or not the ,secretary seeks enforcement of a civil fine4 4 7c7 ,authority ,to impose civil fines ,title ,,ii of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dca et seq47 is amended-- 7#a7 by redesignating section #baa as section #bab2 and 7#b7 by inserting after section #baj the following3 #baa4 ,civil fines 7a7 ,notice2 correction period ,upon finding a violation of subsection 7a7 or 7b7 of section #bja or section #bjb1 #bjc1 #bjg1 #bab1 or #cja7;a71 the ,secretary shall1 in accordance with standards and procedures established by the ,secretary under subsection 7g71 provide the person1 labor organization1 or employer responsible for such violation-- 7#a7 written notice of the violation2 and 7#b7 a period of time to correct the violation that is not more than #cj days after the date that the ,secretary provides such written notice4 7b7 ,fines assessed ,subject to the other provisions of this section1 if the ,secretary determines that a person1 labor organization1 or employer has violated subsection 7a7 or 7b7 of section #bja or section #bjb1 #bjc1 #bjg1 #bab1 or #cja7;a7 and has not corrected the violation within the period described in subsection 7a77#b71 the ,secretary may assess a civil fine against the person1 labor organization1 or employer responsible for such violation4 7c7 ,amount of civil fine 7#a7 ,maximum amount ,a civil fine under this section shall be for an amount that is not more than #bej a day from the date of the violation1 and not more than #de1jjj in the aggregate1 except that such amounts shall be adjusted in accordance with the inflation adjustment procedures prescribed in the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7#bh ,u4,s4,c4 #bdfa note2 ,public ,law #aja-daj74 7#b7 ,factors in determining amount ,in determining the amount of a civil fine under this section1 the ,secretary may consider-- 7,a7 the gravity of the offense2 7,b7 any history of prior offenses 7including offenses occurring before the date of enactment of this section7 of the person1 labor organization1 or employer responsible for such violation2 7,c7 the ability of such person1 labor organization1 or employer to pay the civil fine without material impairment of the ability to carry out representational functions or honor other financial obligations2 7,d7 any injury to uninvolved members of the labor organization or to the public2 7,e7 any benefits to such person1 labor organization1 or employer resulting from such violation2 7,f7 the ability of the civil fine to deter future such violations2 and 7,g7 any other factors that the ,secretary may determine to be appropriate to further the purposes of this ,act4 7d7 ,limitation ,a person1 labor organization1 or employer shall not be required to pay a civil fine under this section for a violation of subsection 7a7 or 7b7 of section #bja or section #bjb1 #bjc1 #bjg1 #bab1 or #cja7;a7 for which a material cause was reasonably beyond the control of such person1 labor organization1 or employer4 7e7 ,incomplete reports ,a report rejected by the ,secretary as incomplete shall be considered not filed for purposes of determining the existence of a violation of subsection 7a7 or 7b7 of section #bja or section #bjb1 #bjc1 #bjg1 #bab1 or #cja7;a71 and a civil fine may be assessed for such violation4 7f7 ,effect on criminal sanctions ,the imposition of a civil fine under this section shall not affect the availability of criminal sanctions against any person1 labor organization1 or employer who knowingly or willfully violates a provision of this ,act4 7g7 ,standards and procedures 7#a7 ,in general ,the ,secretary shall establish1 pursuant to sections #bjh and #fjf1 standards and procedures governing the imposition of a civil fine under this section that include providing the person1 labor organization1 or employer responsible for an alleged violation of subsection 7a7 or 7b7 of section #bja or section #bjb1 #bjc1 #bjg1 #bab1 or #cja7;a7 with-- 7,a7 written notice of such violation2 and 7,b7 an opportunity for a hearing before the ,secretary or a designee of such ,secretary4 7#b7 ,judicial review 7,a7 ,in general ,after exhausting all administrative remedies established by the ,secretary under paragraph 7#a71 a person1 labor organization1 or employer against whom the ,secretary has imposed a civil fine under this section may obtain a review of such fine in the ,united ,states ,district ,court where the violation occurred or in the ,united ,states ,district ,court for the ,district of ,columbia1 by filing in such court1 within #cj days of the entry of a final order imposing the civil fine1 a written petition that the ,secretary's order or determination be modified or be set aside in whole or in part4 7,b7 ,standard of review ,upon petition for review of a civil fine under this section1 the appropriate district court shall impose the civil fine determined to be appropriate by the ,secretary-- 7i7 if the person1 labor organization1 or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard1 in accordance with the procedures established by the ,secretary under paragraph 7#a72 and 7ii7 unless the ,secretary's determination is shown to be arbitrary and capricious4 7,c7 ,scope of review ,in reviewing a civil fine under this section1 the appropriate district court shall not consider any objection or argument that was not raised in the proceedings before the ,secretary4 7h7 ,settlement by secretary ,the ,secretary may compromise1 modify1 or remit any civil fine that may be1 or has been1 imposed under this section4 4 7d7 ,technical and conforming amendments ,the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dja et seq47 is further amended-- 7#a7 in section #bje 7#bi ,u4,s4,c4 #dce71 by striking #baa each place it appears and inserting #bab2 7#b7 in section #bjg7;b7 7#bi ,u4,s4,c4 #dcg7;b771 by striking #baa each place it appears and inserting #bab2 and 7#c7 in section #cja7;b7 7#bi ,u4,s4,c4 #dfa7;b771 by striking and #baj and inserting #baj1 and #baa4 #d4 ,whistleblower protections for labor organization employees ,title ,,ii of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dca et seq47 is amended by inserting after section #baa the following3 #baa;,a4 ,whistleblower protection for labor organization employees 7a7 ,whistleblower protection ,it shall be unlawful for any labor organization to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this ,act1 or has testified or is about to testify in any such proceeding4 7b7 ,enforcement and remedies ,any person whose rights secured by the provisions of this title have been infringed by any violation of this title may bring a civil action in the appropriate district court of the ,united ,states for such relief as may be appropriate1 including an injunction4 ,a civil action under this subsection against a labor organization shall be brought in the district court of the ,united ,states for the district where the alleged violation occurred or where the principal office of such labor organization is located4 4