,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dcbh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ad1      
#bjbd,mr4 ,cassidy introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to require any labor           
organization that is or would be the    
collective bargaining representative for
 any employees to provide information   
regarding the amount of funds in any    
defined benefit plan of the labor       
organization before any labor           
organization election1 and for other    
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,making ,all ,fund  
,information ,available ,act4  #b4      
,requirement for labor organizations to 
provide information regarding defined   
benefit plans before any labor          
organization election  7a7 ,definitions 
,in this ,act3 7#a7 ,beneficiary ,the   
term beneficiary has the meaning given  
the term in section #c of the ,employee 

,retirement ,income ,security ,act of   
#aigd 7#bi ,u4,s4,c4 #ajjb74  7#b7      
,defined benefit plan ,the term defined 
benefit plan has the meaning given the  
term in such section of such ,act 7#bi  
,u4,s4,c4 #ajjb74  7#c7 ,employee1      
employer ,the terms employee and        
employer have the meanings given such   
terms in section #b of the ,national    
,labor ,relations ,act 7#bi ,u4,s4,c4   
#aeb74  7#d7 ,labor organization ,the   
term labor organization has the meaning 
given the term in such section of such  
,act 7#bi ,u4,s4,c4 #aeb74  7#e7 ,labor 
organization election ,the term labor   
organization election means any election
 described in section #i of the         
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aei71 including an election  
for decertification described in        
subsection 7e7 of such section4  7#f7   
,participant ,the term participant has  
the meaning given the term in section #c
 of the ,employee ,retirement ,income   
,security ,act of #aigd 7#bi ,u4,s4,c4  

#ajjb74  7b7 ,requirement ,to provide   
certain information regarding a defined 
benefit plan  7#a7 ,in general ,a labor 
organization that is the representative 
of employees of an employer for purposes
 of collective bargaining in accordance 
with section #i7;a7 of the ,national    
,labor ,relations ,act 7#bi ,u4,s4,c4   
#aei7;a77 during a labor organization   
election1 or that would become such a   
representative of such employees after a
 labor organization election1 shall--   
7,a7 not fewer than #c days before the  
date of such labor organization         
election1 provide to such employees the 
notice described in paragraph 7#b7      
regarding any defined benefit plan that 
is or would be available for enrollment 
by the employees because of             
representation by the labor organization
 for purposes of collective bargaining2 
and  7,b7 in the case of such a defined 
benefit plan that has a percentage of   
plan liabilities described in paragraph 
7#b77;,a77i7 that is less than #ajj     

percent1 provide to such employees      
access to a financial expert 7described 
in paragraph 7#c77 who is1 for the #c   
days immediately preceding the date of  
such labor organization election1 able  
to answer questions regarding such      
defined benefit plan4  7#b7 ,notice     
7,a7 ,in general ,the notice described  
in this paragraph is a statement that1  
with respect to a defined benefit plan  
described in paragraph 7#a77;,a71       
provides-- 7i7 the percentage of plan   
liabilities funded1 calculated as the   
ratio between the value of the plan's   
assets and liabilities1 as of the end of
 the most recently completed plan year2 
7ii7 in the case of an employee who is  
not a participant in a defined benefit  
plan described in paragraph 7#a77;,a71  
the percentage of each dollar of        
contribution by the employee1 if the    
employee enrolls in such a plan1 that-- 
7,i7 would be used to provide benefits  
to the employee 7or a beneficiary of the
 employee72 and  7,,ii7 would be used to

 provide benefits to participants of the
 defined benefit plan 7or their         
beneficiaries7 who are enrolled as of   
the date on which the labor organization
 election described in paragraph 7#a7   
occurs2 and  7iii7 in the case of a     
percentage of plan liabilities described
 in clause 7i7 that is less than #ajj   
percent-- 7,i7 the ratio between the    
estimated monthly benefit that a        
participant or beneficiary would receive
 at normal retirement age under the     
defined benefit plan and the estimated  
monthly benefit that a participant or   
beneficiary would receive at normal     
retirement age under the defined benefit
 plan if such percentage of plan        
liabilities was #ajj percent2 and       
7,,ii7 the estimated amount of the      
monthly benefit amount that would be    
paid by the ,pension ,benefit ,guaranty 
,corporation if the plan is terminated  
with insufficient assets to pay         
benefits4  7,b7 ,information provided in
 an annual report ,the notice described 

in subparagraph 7,a7 may quote1 in plain
 language1 from the most recently filed 
annual report provided to the ,secretary
 of ,labor or the ,pension ,benefit     
,guaranty ,corporation under section    
#ajd or #djfe of the ,employee          
,retirement ,income ,security ,act of   
#aigd 7#bi ,u4,s4,c4 #ajbd1 #acfe7 with 
respect to the defined benefit plan     
described in paragraph 7#a77;,a74  7#c7 
,financial expert ,a financial expert   
provided by a labor organization in     
accordance with paragraph 7#a77;,b7--   
7,a7 shall be-- 7i7 independent from the
 defined benefit plan described in      
paragraph 7#a77;,a7 and the labor       
organization2 and  7ii7 provided at no  
cost to the employees2  7,b7 may not be 
compensated using any assets of the     
defined benefit plan4  7#d7             
,availability of materials after        
election  7,a7 ,in general ,not later   
than #cj days after a labor organization
 election described in paragraph 7#a71 a
 labor organization shall provide to the

 ,office of ,labor-,management          
,standards all written materials        
7including the notice provided under    
paragraph 7#a77;,a771 instructions1 or  
handouts provided to employees with     
respect to the requirements of this     
,act4  7,b7 ,public availability ,not   
later than #cj days after receiving any 
written materials1 instructions1 or     
handouts under subparagraph 7,a71 the   
,office of ,labor-,management ,standards
 shall make such materials1             
instructions1 or handouts publicly      
available on the website of the ,office 
of ,labor-,management ,standards4  7c7  
,enforcement  7#a7 ,criminal penalties  
for misleading or false statements  7,a7
 ,offense ,it shall be unlawful for any 
person to lie to or mislead an employee 
in any notice provided under subsection 
7b77#a77;,a7 or with respect to any     
answers provided under subsection       
7b77#a77;,b74  7,b7 ,penalty ,any person
 who violates subparagraph 7,a7 shall be
 fined under title #ah1 ,united ,states 

,code1 imprisoned for not more than #e  
years1 or both4  7#b7 ,private right of 
action ,any employee who is adversely   
affected by an alleged violation of     
subsection 7b7 may commence a civil     
action against any person that violates 
such section in any court of competent  
jurisdiction for actual damages4 ,the   
court may award costs and expenses1     
including attorney's fees1 to an        
employee in a prevailing action under   
this paragraph4  7#c7 ,referral ,if the 
,assistant ,secretary of ,labor for     
,employee ,benefits ,security obtains   
evidence that any person has engaged in 
conduct that may constitute a violation 
of paragraph 7#a77;,a71 the ,assistant  
,secretary shall-- 7,a7 refer the matter
 to the ,attorney ,general for          
prosecution under such paragraph2 and   
7,b7 provide such evidence to the       
,national ,labor ,relations ,board4     
7#d7 ,enforcement by the ,,nlrb ,section
 #i of the ,national ,labor ,relations  
,act 7#bi ,u4,s4,c4 #aei7 is amended by 

adding at the end the following3  7f7   
,in any case in which the ,board        
determines that the results of an       
election under this section were        
influenced by conduct that may          
constitute a violation of section       
#b7;c77#a77;,a7 of the ,making ,all     
,fund ,information ,available ,act or   
that a labor organization that is1 or   
would become1 the representative of     
employees after such an election        
violated section #b7;b77#a7 of such     
,act-- 7#a7 the election shall be       
invalid2  7#b7 the ,board shall set     
aside the results of such election2 and 
7#c7 a new election may not be held     
unless the ,assistant ,secretary of     
,labor for ,employee ,benefits ,security
 determines that the labor organization 
has fulfilled the requirements of       
section #b7;b77#a7 of such ,act4  4