29 U.S.C. § 441 — Surety company reports; contents; waiver

Page 126 TITLE 29—LABOR § 438 ing such person’s fiscal year) such person be- comes subject to this chapter during its fiscal year or such person may consider that portion as the entire fiscal year in making such report. (Pub. L. 86–257, title II, § 207, Sept. 14, 1959, 73 Stat. 529; Pub. L. 89–216, § 2(d), Sept. 29, 1965, 79 Stat. 888.) Editorial Notes AMENDMENTS 1965—Subsec. (b). Pub. L. 89–216 inserted reference to section 441 of this title in two places. § 438. Rules and regulations; simplified reports The Secretary shall have authority to issue, amend, and rescind rules and regulations pre- scribing the form and publication of reports re- quired to be filed under this subchapter and such other reasonable rules and regulations (includ- ing rules prescribing reports concerning trusts in which a labor organization is interested) as he may find necessary to prevent the circumven- tion or evasion of such reporting requirements. In exercising his power under this section the Secretary shall prescribe by general rule sim- plified reports for labor organizations or em- ployers for whom he finds that by virtue of their size a detailed report would be unduly burden- some, but the Secretary may revoke such provi- sion for simplified forms of any labor organiza- tion or employer if he determines, after such in- vestigation as he deems proper and due notice and opportunity for a hearing, that the purposes of this section would be served thereby. (Pub. L. 86–257, title II, § 208, Sept. 14, 1959, 73 Stat. 529.) § 439. Violations and penalties (a) Willful violations of provisions of subchapter Any person who willfully violates this sub- chapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (b) False statements or representations of fact with knowledge of falsehood Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any document, report, or other information required under the provisions of this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (c) False entry in or willful concealment, etc., of books and records Any person who willfully makes a false entry in or willfully conceals, withholds, or destroys any books, records, reports, or statements re- quired to be kept by any provision of this sub- chapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (d) Personal responsibility of individuals re- quired to sign reports Each individual required to sign reports under sections 431 and 433 of this title shall be person- ally responsible for the filing of such reports and for any statement contained therein which he knows to be false. (Pub. L. 86–257, title II, § 209, Sept. 14, 1959, 73 Stat. 529.) § 440. Civil action for enforcement by Secretary; jurisdiction Whenever it shall appear that any person has violated or is about to violate any of the provi- sions of this subchapter, the Secretary may bring a civil action for such relief (including in- junctions) as may be appropriate. Any such ac- tion may be brought in the district court of the United States where the violation occurred or, at the option of the parties, in the United States District Court for the District of Columbia. (Pub. L. 86–257, title II, § 210, Sept. 14, 1959, 73 Stat. 530.) § 441. Surety company reports; contents; waiver or modification of requirements respecting contents of reports Each surety company which issues any bond required by this chapter or the Employee Re- tirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] shall file annually with the Sec- retary, with respect to each fiscal year during which any such bond was in force, a report, in such form and detail as he may prescribe by reg- ulation, filed by the president and treasurer or corresponding principal officers of the surety company, describing its bond experience under each such chapter or Act, including information as to the premiums received, total claims paid, amounts recovered by way of subrogation, ad- ministrative and legal expenses and such related data and information as the Secretary shall de- termine to be necessary in the public interest and to carry out the policy of the chapter. Not- withstanding the foregoing, if the Secretary finds that any such specific information cannot be practicably ascertained or would be uninformative, the Secretary may modify or waive the requirement for such information. (Pub. L. 86–257, title II, § 211, as added Pub. L. 89–216, § 3, Sept. 29, 1965, 79 Stat. 888; amended Pub. L. 93–406, title I, § 112(a)(2)(D), formerly § 111(a)(2)(D), Sept. 2, 1974, 88 Stat. 852, renum- bered § 112(a)(2)(D), Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354.) Editorial Notes REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829, which is classified principally to chapter 18 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. AMENDMENTS 1974—Pub. L. 93–406, § 112(a)(2)(D), formerly § 111(a)(2)(D), as renumbered by Pub. L. 117–328, sub- stituted ‘‘Employee Retirement Income Security Act of 1974’’ for ‘‘Welfare and Pension Plans Disclosure Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2022, see section 320(c) of Pub. L. 117–328, set out as a note under section 414 of Title 26, Internal Revenue Code. Page 127 TITLE 29—LABOR § 464 EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–406 effective Jan. 1, 1975, except as provided in section 1031(b)(2) of this title, see section 1031(b)(1) of this title. SUBCHAPTER IV—TRUSTEESHIPS § 461. Reports (a) Filing and contents; annual financial report Every labor organization which has or as- sumes trusteeship over any subordinate labor organization shall file with the Secretary within thirty days after September 14, 1959 or the impo- sition of any such trusteeship, and semiannually thereafter, a report, signed by its president and treasurer or corresponding principal officers, as well as by the trustees of such subordinate labor organization, containing the following informa- tion: (1) the name and address of the subordinate organization; (2) the date of establishing the trusteeship; (3) a detailed statement of the rea- son or reasons for establishing or continuing the trusteeship; and (4) the nature and extent of par- ticipation by the membership of the subordinate organization in the selection of delegates to rep- resent such organization in regular or special conventions or other policy-determining bodies and in the election of officers of the labor orga- nization which has assumed trusteeship over such subordinate organization. The initial re- port shall also include a full and complete ac- count of the financial condition of such subordi- nate organization as of the time trusteeship was assumed over it. During the continuance of a trusteeship the labor organization which has as- sumed trusteeship over a subordinate labor or- ganization shall file on behalf of the subordinate labor organization the annual financial report required by section 431(b) of this title signed by the president and treasurer or corresponding principal officers of the labor organization which has assumed such trusteeship and the trustees of the subordinate labor organization. (b) Applicability of other laws The provisions of sections 431(c), 435, 436, 438, and 440 of this title shall be applicable to reports filed under this subchapter. (c) Penalty for violations Any person who willfully violates this section shall be fined not more than $10,000 or impris- oned for not more than one year, or both. (d) False statements and entries; failure to dis- close material facts; withholding, concealing or destroying documents, books, records, re- ports, or statements; penalty Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any report required under the provisions of this section or willfully makes any false entry in or willfully withholds, conceals, or destroys any documents, books, records, reports, or statements upon which such report is based, shall be fined not more than $10,000 or impris- oned for not more than one year, or both. (e) Personal liability Each individual required to sign a report under this section shall be personally respon- sible for the filing of such report and for any statement contained therein which he knows to be false. (Pub. L. 86–257, title III, § 301, Sept. 14, 1959, 73 Stat. 530.) § 462. Purposes for establishment of trusteeship Trusteeships shall be established and adminis- tered by a labor organization over a subordinate body only in accordance with the constitution and bylaws of the organization which has as- sumed trusteeship over the subordinate body and for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other du- ties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of such labor organi- zation. (Pub. L. 86–257, title III, § 302, Sept. 14, 1959, 73 Stat. 531.) § 463. Unlawful acts relating to labor organiza- tion under trusteeship (a) During any period when a subordinate body of a labor organization is in trusteeship, it shall be unlawful (1) to count the vote of delegates from such body in any convention or election of officers of the labor organization unless the del- egates have been chosen by secret ballot in an election in which all the members in good stand- ing of such subordinate body were eligible to participate, or (2) to transfer to such organiza- tion any current receipts or other funds of the subordinate body except the normal per capita tax and assessments payable by subordinate bodies not in trusteeship: Provided, That nothing herein contained shall prevent the distribution of the assets of a labor organization in accord- ance with its constitution and bylaws upon the bona fide dissolution thereof. (b) Any person who willfully violates this sec- tion shall be fined not more than $10,000 or im- prisoned for not more than one year, or both. (Pub. L. 86–257, title III, § 303, Sept. 14, 1959, 73 Stat. 531.) § 464. Civil action for enforcement (a) Complaint; investigation; commencement of action by Secretary, member or subordinate body of labor organization; jurisdiction Upon the written complaint of any member or subordinate body of a labor organization alleg- ing that such organization has violated the pro- visions of this subchapter (except section 461 of this title) the Secretary shall investigate the complaint and if the Secretary finds probable cause to believe that such violation has oc- curred and has not been remedied he shall, with- out disclosing the identity of the complainant, bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunc- tions) as may be appropriate. Any member or subordinate body of a labor organization af- fected by any violation of this subchapter (ex- cept section 461 of this title) may bring a civil action in any district court of the United States