SEC. 3. CIVIL MONEY PENALTIES FOR FAILURE TO FILE A 
TIMELY REPORT. 
Section 210 of the Labor-Management Reporting and 
Disclosure Act (29 U.S.C. 440) is amended to read as fol-
lows: 
‘‘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 and enforcement of administrative penalties im-
posed pursuant to 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) SCOPE OF REVIEW.—Upon a complaint filed by 
the Secretary seeking relief under this section, the district 
court shall impose the civil money penalty that has been 
determined to be appropriate by the Secretary provided 
the person, labor organization, or employer against whom 
the relief is sought has been given written notice and af-
forded an opportunity to be heard before the Secretary 
or a designee under procedures established by the Sec-
retary pursuant to section 211. Such penalty shall not be 
imposed by the court if the Secretary’s determination is 
shown to be arbitrary and capricious. The court shall not 
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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 the statute, or has filed reports 
that are substantially incomplete or inaccurate, or that in-
formation 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. Injunctive relief 
may be awarded in addition to any other additional civil 
or criminal remedy and whether or not the Secretary seeks 
enforcement of an administratively imposed civil money 
penalty.’’. 
SEC. 4. ADMINISTRATIVE AUTHORITY TO IMPOSE CIVIL 
MONEY PENALTIES. 
Title II of the Labor-Management Reporting and 
Disclosure Act (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: 
‘‘SEC. 211. CIVIL MONEY PENALTIES. 
‘‘(a) IN GENERAL.—The Secretary, upon finding a 
violation of section 201(a), 201(b), 202, 203, 207, 212, 
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or 301(a), may assess against the person, labor organiza-
tion or employer responsible for such violation a civil 
money penalty of up to $250 a day from the date of the 
violation. The amount of this penalty shall be adjusted in 
accordance with the inflation adjustment procedures pre-
scribed in the Federal Civil Penalties Inflation Adjustment 
Act of 1990, as amended. 
‘‘(b) LIMITATION.—No person, labor organization or 
employer shall be required to pay a penalty under this 
paragraph for any violation a material cause of which was 
reasonably beyond the control of that person, labor organi-
zation or employer. 
‘‘(c) INCOMPLETE REPORTS.—A report rejected by 
the Secretary as incomplete shall be considered not filed 
for purposes of determining whether there has been a vio-
lation of section 201(a), 201(b), 202, 203, 207, 212, or 
301(a) and a penalty may be assessed for such a violation. 
‘‘(d) MAXIMUM PENALTY.—A penalty imposed for a 
violation under this section, as determined by the Sec-
retary, may not exceed $250 a day or $10,000 in aggre-
gate, as adjusted in accordance with the inflation adjust-
ment procedures prescribed in the Federal Civil Penalties 
Inflation Adjustment Act of 1990, as amended. 
‘‘(e) EFFECT ON CRIMINAL PENALTIES.—The impo-
sition of civil money penalties under this section shall not 
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affect the availability of criminal sanctions against any 
person who knowingly or willfully violates a provision of 
this Act. 
‘‘(f) ADMINISTRATIVE PROCEDURES.—The Secretary 
shall establish standards and procedures governing the im-
position of civil money penalties under subsection (a). 
Such standards and procedures shall— 
‘‘(1) provide for written notice to the person or 
entity alleged to have violated section 201(a), 
201(b), 202, 203, 207, 212, or 301(a) and an oppor-
tunity to be heard before the Secretary or a des-
ignee; and 
‘‘(2) be established by the Secretary pursuant 
to sections 208 and 606. 
‘‘(g) FACTORS IN DETERMINING AMOUNT OF PEN-
ALTY.—In determining the amount of a penalty under 
subsection (a), consideration may be given to such factors 
as the gravity of the offense, any history of prior offenses 
(including offenses occurring before enactment of this sec-
tion), ability to pay the penalty without material impair-
ment of the ability to carry out representational functions 
or to honor other financial obligations, injury to unin-
volved members of the labor organization, injury to the 
public, benefits received from the violation, deterrence of 
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future violations, and such other factors as the Secretary 
may determine to be appropriate. 
‘‘(h) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—After exhausting all admin-
istrative remedies established by the Secretary under 
subsection (f), a person, labor organization, or em-
ployer against whom the Secretary has imposed a 
civil money penalty under subsection (a) may obtain 
a review of the penalty in the United States District 
Court where the violation 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 such a penalty, a written 
petition that the Secretary’s order or determination 
be modified or be set aside in whole or in part. 
‘‘(2) STANDARD.—Upon petition for review of a 
penalty by a party against whom such a penalty has 
been ordered, the district court shall impose the civil 
money penalty determined to be appropriate by the 
Secretary, provided the person, labor organization, 
or employer against whom the relief is sought has 
been given written notice and afforded an oppor-
tunity to be heard before the Secretary or a designee 
under procedures established by the Secretary pur-
suant to section 211, unless the Secretary’s deter-
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