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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Labor Management Reporting and
Disclosure Enforcement Act of 2008''.

SEC. 2. CIVIL MONEY PENALTIES FOR FAILURE TO PROVIDE INFORMATION TO
MEMBERS.

Section 201 of the Labor-Management Reporting and Disclosure Act
(29 U.S.C. 431), is amended--
(1) by redesignating subsection (c) as subsection (c)(1);
and
(2) by inserting thereafter the following:
''(2) Any labor organization that fails to meet the requirements 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 subchapter, 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 addition to any other relief
provided by law, be liable to such member in the amount of up to $250 a
day from the date of such failure or refusal, and the court may in its
discretion order such other relief as it deems proper. For purposes of
this paragraph, each violation with respect to any single member shall
be treated as a separate violation.''.

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 follows:

''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 injunction and enforcement of administrative penalties
imposed 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 afforded an
opportunity to be heard before the Secretary or a designee under
procedures established by the Secretary 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 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 organization, or employer has failed to file timely and
complete reports required by the statute, or has filed reports that are
substantially incomplete or inaccurate, 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.
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, or 301(a), may assess
against the person, labor organization 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 prescribed 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 organization 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 violation 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 Secretary, may not exceed $250 a day
or $10,000 in aggregate, as adjusted in accordance with the inflation
adjustment procedures prescribed in the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended.
''(e) Effect on Criminal Penalties.--The imposition of civil money
penalties under this section shall not 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 imposition 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 opportunity to be heard before the
Secretary or a designee; and
''(2) be established by the Secretary pursuant to sections
208 and 606.
''(g) Factors in Determining Amount of Penalty.--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
section), ability to pay the penalty without material impairment of the
ability to carry out representational functions or to honor other
financial obligations, injury to uninvolved members of the labor
organization, injury to the public, benefits received from the
violation, deterrence of future violations, and such other factors as
the Secretary may determine to be appropriate.
''(h) Judicial Review.--
''(1) In general.--After exhausting all administrative
remedies established by the Secretary under subsection (f), a
person, labor organization, or employer 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 opportunity to be
heard before the Secretary or a designee under procedures
established by the Secretary pursuant to section 211, unless
the Secretary's determination is shown to be arbitrary and
capricious. The court shall not consider any objection or
argument that was not raised before the Secretary.
''(i) Settlement by Secretary.--The Secretary may compromise,
modify, or remit any civil money penalty that may be, or has been,
imposed under this section.''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

The Labor-Management Reporting and Disclosure Act is further
amended--
(1) in section 205 (29 U.S.C. 435), by striking ''211''
each place it appears and inserting ''212'';
(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''.
Labor Management Reporting and Disclosure Enforcement Act of 2008 - Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to make a labor organization liable to any of its members for a civil money penalty of up to $250 for each day that it fails to provide such member information regarding the organization's constitution, bylaws, organization report, and annual financial report, including any books, records, and accounts necessary to verify such reports.

Authorizes the Secretary of Labor to bring an action in U.S. district court for injunctive relief and enforcement of administrative penalties against any person who has violated or is about to violate any reporting requirements of such Act, including those applying to a labor organization which has or assumes trusteeship over any subordinate labor organization. Requires a district court, upon a complaint by the Secretary that demonstrates failure to file timely and complete reports, to enjoin continued violation of the related reporting requirements.

Authorizes the Secretary, upon finding a violation of specified reporting and disclosure requirements, to impose an administrative money penalty of up to $250 a day, or $10,000 in aggregate, adjusted for inflation, against the person, labor organization, or employer responsible for such violation.