I 
115TH CONGRESS 
2D SESSION 
H. R. 5230 
To ensure labor organization transparency and accountability. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2018 
Mr. FRANCIS ROONEY of Florida (for himself, Mr. ROE of Tennessee, and Mr. 
ROKITA) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To ensure labor organization transparency and 
accountability. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Union Transparency 
and Accountability Act’’. 
SEC. 2. DISCLOSURE REQUIREMENTS. 
Section 208 of the Labor-Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 438) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(a) The Secretary’’; and 
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(2) by adding at the end the following: 
‘‘(b) Notwithstanding subsection (a) and for each fis-
cal year, a labor organization that would be required to 
file form LM–2 under part 403 of title 29, Code of Fed-
eral Regulations, under section 201(a) (as such part was 
in effect on October 12, 2009) shall be required to annu-
ally file with the Secretary— 
‘‘(1) form LM–2, as published in the appendix 
to the final rule issued by the Secretary of Labor en-
titled ‘Labor Organization Annual Financial Re-
ports’ (74 Fed. Reg. 3678 (January 21, 2009)); or 
‘‘(2) a successor form that includes all of the 
information required in such form LM–2 (as such 
form was published on January 21, 2009). 
‘‘(c) Notwithstanding subsection (a) and for each fis-
cal year, a labor organization that would be required to 
file form T–1 under part 403 of title 29, Code of Federal 
Regulations (as such part was in effect on November 30, 
2010) shall file with the Secretary, as the report con-
cerning trusts in which a labor organization is inter-
ested— 
‘‘(1) form T–1, as published in the appendix to 
the final rule issued by the Secretary entitled ‘Labor 
Organization Annual Financial Reports for Trusts 
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in Which a Labor Organization Is Interested, Form 
T–1’ (73 Fed. Reg. 57412 (October 2, 2008)); or 
‘‘(2) a successor form that includes all of the 
information required in such form T–1 (as such 
form was published on October 2, 2008). 
‘‘(d) Notwithstanding subsection (a) and for each fis-
cal year, an officer or employee of a labor organization 
who would be required to file form LM–30 under part 404 
of title 29, Code of Federal Regulations (as such part was 
in effect on October 25, 2011) shall be required to file 
with the Secretary— 
‘‘(1) form LM–30, as published in the appendix 
to the final rule issued by the Secretary entitled 
‘Labor Organization Officer and Employee Report, 
Form LM–30’ (72 Fed. Reg. 36106 (July 2, 2007)); 
or 
‘‘(2) a successor form that includes all of the 
information required in such form LM–30 (as such 
form was published on July 2, 2007).’’. 
SEC. 3. CIVIL FINES RELATING TO DISCLOSURE VIOLA-
TIONS. 
(a) CIVIL FINES FOR FAILURE TO PROVIDE INFOR-
MATION TO MEMBERS.—Section 201 of the Labor-Man-
agement Reporting and Disclosure Act of 1959 (29 U.S.C. 
431) is amended— 
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(1) by redesignating subsection (c) as sub-
section (c)(1); and 
(2) by inserting after such subsection (c)(1) the 
following: 
‘‘(2) Any labor organization that fails to meet the re-
quirements of paragraph (1) with respect to a member, 
by refusing to make available the information required to 
be contained in a report required to be submitted under 
this title, and any books, records, and accounts necessary 
to verify such report (unless such failure or refusal results 
from matters reasonably beyond the control of the labor 
organization), may in the court’s discretion, and in addi-
tion to any other relief provided by law and determined 
proper by the court, be liable to such member for an 
amount that is not more than $250 a day from the date 
of such failure or refusal (except that such amount shall 
be adjusted for inflation in the same manner as the Sec-
retary adjusts the amount of a civil fine under section 
211(c)). For purposes of this paragraph, each violation 
with respect to any single member shall be treated as a 
separate violation.’’. 
(b) CIVIL ENFORCEMENT FOR FAILURE TO FILE A 
TIMELY REPORT.—Section 210 of the Labor-Management 
Reporting and Disclosure Act of 1959 (29 U.S.C. 440) 
is amended to read as follows: 
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‘‘SEC. 210. CIVIL ENFORCEMENT. 
‘‘(a) IN GENERAL.—Whenever it shall appear that 
any person has violated or is about to violate any of the 
provisions of this title, or section 301(a), the Secretary 
may bring a civil action for such relief, including an in-
junction or the enforcement of a civil fine imposed under 
section 211, as may be appropriate. 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 Columbia. 
‘‘(b) JUDICIAL REVIEW
FOR ENFORCEMENT
OF 
CIVIL FINES.— 
‘‘(1) STANDARD
OF
REVIEW.—Upon a com-
plaint filed by the Secretary seeking the enforcement 
of a civil fine, the appropriate district court shall im-
pose the civil fine that has been determined to be 
appropriate by the Secretary— 
‘‘(A) if the person, labor organization, or 
employer against whom the civil fine is sought 
has been provided written notice and an oppor-
tunity to be heard before the Secretary or a 
designee of such Secretary, in accordance with 
procedures established by the Secretary under 
section 211(g)(1); and 
‘‘(B) unless the Secretary’s determination 
is shown to be arbitrary and capricious. 
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‘‘(2) SCOPE
OF
REVIEW.—The appropriate 
court shall not consider any objection or argument 
that was not raised in the proceedings before the 
Secretary. 
‘‘(c) APPROPRIATENESS OF INJUNCTIVE RELIEF.— 
Upon a complaint filed by the Secretary seeking relief 
under this section demonstrating that a person, labor or-
ganization, or employer has failed to file timely and com-
plete reports required by this title or section 301(a), or 
has filed reports that are substantially incomplete or inac-
curate, or that information required to be reported may 
be lost or destroyed absent such relief, the district court 
shall issue an order enjoining continued violation of this 
title or section 301(a). 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 fine.’’. 
(c) AUTHORITY TO IMPOSE CIVIL FINES.—Title II 
of the Labor-Management Reporting and Disclosure Act 
of 1959 (29 U.S.C. 431 et seq.) is amended— 
(1) by redesignating section 211 as section 212; 
and 
(2) by inserting after section 210 the following: 
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‘‘SEC. 211. CIVIL FINES. 
‘‘(a) NOTICE; CORRECTION PERIOD.—Upon finding 
a violation of subsection (a) or (b) of section 201 or sec-
tion 202, 203, 207, 212, or 301(a), the Secretary shall, 
in accordance with standards and procedures established 
by the Secretary under subsection (g), provide the person, 
labor organization, or employer responsible for such viola-
tion— 
‘‘(1) written notice of the violation; and 
‘‘(2) a period of time to correct the violation 
that is not more than 30 days after the date that 
the Secretary provides such written notice. 
‘‘(b) FINES ASSESSED.—Subject to the other provi-
sions of this section, if the Secretary determines that a 
person, labor organization, or employer has violated sub-
section (a) or (b) of section 201 or section 202, 203, 207, 
212, or 301(a) and has not corrected the violation within 
the period described in subsection (a)(2), the Secretary 
may assess a civil fine against the person, labor organiza-
tion, or employer responsible for such violation. 
‘‘(c) AMOUNT OF CIVIL FINE.— 
‘‘(1) MAXIMUM
AMOUNT.—A civil fine under 
this section shall be for an amount that is not more 
than $250 a day from the date of the violation, and 
not more than $45,000 in the aggregate, except that 
such amounts shall be adjusted in accordance with 
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the inflation adjustment procedures prescribed in the 
Federal Civil Penalties Inflation Adjustment Act of 
1990 (28 U.S.C. 2461 note; Public Law 101–410). 
‘‘(2) FACTORS IN DETERMINING AMOUNT.—In 
determining the amount of a civil fine under this 
section, the Secretary may consider— 
‘‘(A) the gravity of the offense; 
‘‘(B) any history of prior offenses (includ-
ing offenses occurring before the date of enact-
ment of this section) of the person, labor orga-
nization, or employer responsible for such viola-
tion; 
‘‘(C) the ability of such person, labor orga-
nization, or employer to pay the civil fine with-
out material impairment of the ability to carry 
out representational functions or honor other fi-
nancial obligations; 
‘‘(D) any injury to uninvolved members of 
the labor organization or to the public; 
‘‘(E) any benefits to such person, labor or-
ganization, or employer resulting from such vio-
lation; 
‘‘(F) the ability of the civil fine to deter fu-
ture such violations; and 
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‘‘(G) any other factors that the Secretary 
may determine to be appropriate to further the 
purposes of this Act. 
‘‘(d) LIMITATION.—A person, labor organization, or 
employer shall not be required to pay a civil fine under 
this section for a violation of subsection (a) or (b) of sec-
tion 201 or section 202, 203, 207, 212, or 301(a) for 
which a material cause was reasonably beyond the control 
of such person, labor organization, or employer. 
‘‘(e) 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 (a) or (b) of section 201 or section 202, 203, 
207, 212, or 301(a), and a civil fine may be assessed for 
such violation. 
‘‘(f) EFFECT ON CRIMINAL SANCTIONS.—The impo-
sition of a civil fine under this section shall not affect the 
availability of criminal sanctions against any person, labor 
organization, or employer who knowingly or willfully vio-
lates a provision of this Act. 
‘‘(g) STANDARDS AND PROCEDURES.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish, pursuant to sections 208 and 606, standards 
and procedures governing the imposition of a civil 
fine under this section that include providing the 
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person, labor organization, or employer responsible 
for an alleged violation of subsection (a) or (b) of 
section 201 or section 202, 203, 207, 212, or 301(a) 
with— 
‘‘(A) written notice of such violation; and 
‘‘(B) an opportunity for a hearing before 
the Secretary or a designee of such Secretary. 
‘‘(2) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—After exhausting all 
administrative remedies established by the Sec-
retary under paragraph (1), a person, labor or-
ganization, or employer against whom the Sec-
retary has imposed a civil fine under this sec-
tion may obtain a review of such fine in the 
United States District Court where the viola-
tion occurred or in the United States District 
Court for the District of Columbia, by filing in 
such court, within 30 days of the entry of a 
final order imposing the civil fine, a written pe-
tition that the Secretary’s order or determina-
tion be modified or be set aside in whole or in 
part. 
‘‘(B) STANDARD OF REVIEW.—Upon peti-
tion for review of a civil fine under this section, 
the appropriate district court shall impose the 
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civil fine determined to be appropriate by the 
Secretary— 
‘‘(i) if the person, labor organization, 
or employer against whom the civil fine is 
sought has been provided written notice 
and an opportunity to be heard, in accord-
ance with the procedures established by the 
Secretary under paragraph (1); and 
‘‘(ii) unless the Secretary’s determina-
tion is shown to be arbitrary and capri-
cious. 
‘‘(C) SCOPE OF REVIEW.—In reviewing a 
civil fine under this section, the appropriate dis-
trict court shall not consider any objection or 
argument that was not raised in the pro-
ceedings before the Secretary. 
‘‘(h) SETTLEMENT BY SECRETARY.—The Secretary 
may compromise, modify, or remit any civil fine that may 
be, or has been, imposed under this section.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Labor-Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 401 et seq.) is further amended— 
(1) in section 205 (29 U.S.C. 435), by striking 
‘‘211’’ each place it appears and inserting ‘‘212’’; 
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(2) in section 207(b) (29 U.S.C. 437(b)), by 
striking ‘‘211’’ each place it appears and inserting 
‘‘212’’; and 
(3) in section 301(b) (29 U.S.C. 461(b)), by 
striking ‘‘and 210’’ and inserting ‘‘210, and 211’’. 
SEC. 4. WHISTLEBLOWER PROTECTIONS FOR LABOR ORGA-
NIZATION EMPLOYEES. 
Title II of the Labor-Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 431 et seq.) is amended 
by inserting after section 211 the following: 
‘‘SEC. 211A. WHISTLEBLOWER PROTECTION FOR LABOR OR-
GANIZATION EMPLOYEES. 
‘‘(a) WHISTLEBLOWER PROTECTION.—It shall be un-
lawful 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 Act, or has testified or is about to testify in any 
such proceeding. 
‘‘(b) 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 appropriate, including an 
injunction. A civil action under this subsection against a 
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labor organization shall be brought in the district court 
of the United States for the district where the alleged vio-
lation occurred or where the principal office of such labor 
organization is located.’’. 
Æ 
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