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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