Proposed Rule2025-11849
Minor Child Definition for Form LM-30 Labor Organization Officer and Employee Report
Primary source
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Published
July 1, 2025
Issuing agencies
Labor DepartmentLabor-Management Standards Office
Abstract
This proposed rule is soliciting public comments regarding revisions to the definition of "minor child" as that term appears in 29 CFR 404.1(h) and on the Form LM-30 Labor Organization Officer and Employee Report.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28255-28257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11849]
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DEPARTMENT OF LABOR
Office of Labor-Management Standards
29 CFR Part 404
[Docket #]
RIN #1245-AA16
Minor Child Definition for Form LM-30 Labor Organization Officer
and Employee Report
AGENCY: Office of Labor-Management Standards, Department of Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule is soliciting public comments regarding
revisions to the definition of ``minor child'' as that term appears in
29 CFR 404.1(h) and on the Form LM-30 Labor Organization Officer and
Employee Report.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: You may submit comments, identified by RIN 1245-AA16, by the
following method:
Internet: Federal eRulemaking Portal. Electronic comments may be
submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>. To locate the proposed rule, use
RIN 1245-AA16. Follow the instructions for submitting comments.
Only comments submitted through <a href="http://www.regulations.gov">www.regulations.gov</a> will be
accepted. Comments will be available for public inspection at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
The Department will post all comments received on
<a href="http://www.regulations.gov">www.regulations.gov</a> without making any change to the comments,
including any personal information provided. The <a href="http://www.regulations.gov">http://www.regulations.gov</a> website is the Federal e-rulemaking portal and all
comments posted there are available and accessible to the public. The
Department cautions commenters not to include personal information such
as Social Security numbers, personal addresses, telephone numbers, and
email addresses in their comments as such submitted information will
become viewable by the public via the <a href="http://www.regulations.gov">www.regulations.gov</a> website. It
is the responsibility of the commenter to safeguard this information.
Comments submitted through <a href="http://www.regulations.gov">www.regulations.gov</a> will not include the
commenter's email address unless the commenter chooses to include that
information as part of his or her comment.
FOR FURTHER INFORMATION CONTACT: Andrew Davis, Director of the Office
of Program Operations, Office of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-5609,
Washington, DC 20210, by telephone at (202) 693-0123 (this is not a
toll-free number), 711 (TTY/TDD), or by email at <a href="/cdn-cgi/l/email-protection#81eeedecf2acf1f4e3ede8e2c1e5eeedafe6eef7"><span class="__cf_email__" data-cfemail="3c5350514f114c495e50555f7c585350125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA),
29 U.S.C. 401 et seq., mandates certain reporting and disclosure
requirements for labor organizations, their officers and employees,
employers, labor relations consultants, and surety companies. Every
officer or employee of a labor organization who, or whose spouse or
their ``minor child,'' directly or indirectly holds any interest or
derives any income or benefit from an employer whose employees the
labor organization represents, or from a business that deals with the
labor organization or a business that deals in substantial part with a
represented employer of the union, or has received certain payments
from a labor relations consultant, is required to file an annual
financial disclosure report with the Secretary of Labor. 29 U.S.C. 432.
The Secretary of Labor has authority to prescribe the form of the
financial disclosure reports required by the LMRDA. 29 U.S.C. 438.
The U.S. Department of Labor (Department), Office of Labor-
Management Standards (OLMS) proposes to amend its regulations under the
LMRDA, 29 CFR part 404, to revise the definition of ``minor child'' on
the Form LM-30 Labor Organization Officer and Employee Report, which
requires labor union officers and employees to report actual or
potential conflicts of interest involving their own personal financial
interests, as well as that of their spouse or ``minor child,'' and that
of their labor organization. In 2007, OLMS issued a final rule defining
``minor child'' as a ``son, daughter, stepson, or stepdaughter under 21
years of age.'' 72 FR 36106 (July 2, 2007). OLMS reasoned that because
the LMRDA is silent about the age at which a child reaches their
majority, there needed to be a uniform, nationwide definition that Form
LM-30 filers, union members, and the public can easily ascertain and 21
was sensible as the age of majority in most states at the time of the
LMRDA passage. See generally 72 FR 36106. In light of the statutory
silence on the age at which a child reaches majority, OLMS reasoned
that age 21 was sensible because there needed to be a uniform,
nationwide definition that Form LM-30 filers, union members, and the
public could easily ascertain, and that 21 was already the age of
majority in most states at the time of LMRDA passage. See Labor
Organization Office and Employee Report, Form LM-30, 72 FR 36145 (July
2, 2007).
II. Discussion
The Department is proposing to amend its regulations to redefine
``minor child'' as a son, daughter, stepson, or stepdaughter under the
age of 18. This change aligns with the age of majority now recognized
in almost all United States jurisdictions, where individuals are
generally considered legal adults at 18. A total of 47 states and
Washington, DC, have set the law of majority at 18, leaving only
Alabama and Nebraska at age 19, and Mississippi at age 21.\1\ By
adopting this widely accepted standard, OLMS seeks to reduce the
reporting burden on filers, while preserving the integrity and purpose
of the LMRDA's disclosure requirements.
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\1\ See age of majority [verbar] Wex [verbar] US Law [verbar]
LII/Legal Information Institute.
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The proposed amendment reflects the understanding that individuals
aged 18 and older are considered capable of managing their own
financial affairs and are legally responsible for their actions. In
most areas of law, including voting, contracts, and military service,
adulthood begins at age 18. Requiring disclosure of financial interests
or transactions involving children or stepchildren aged 18 to 20 may
impose unnecessary administrative burdens on filers without
meaningfully advancing transparency or detection of conflicts of
interest, as union officials do not have legal control over their
children who reach the age of majority. The Department believes that
limiting the definition of ``minor child'' to those under 18 maintains
the effective requirement without unduly burdening
[[Page 28256]]
filers with tracking the financial interests and transactions of other
adult individuals. The Department therefore proposes to revise the
definition of ``minor child'' in 29 CFR 404.1(h) to read: ``Minor child
means a son, daughter, stepson, or stepdaughter under 18 years of
age.'' The Department also proposes to revise the definition on page
two of the Form LM-30 Instructions to read: ``MINOR CHILD--means a son,
daughter, stepson, or stepdaughter under 18 years of age.''
Additionally, the Department proposes to make a technical correction on
page 6 of the Form LM-30 Instructions in Item 7, NATURE AND AMOUNT OF
INTEREST, TRANSACTION, BENEFIT, ARRANGEMENT, INCOME, OR LOAN, by
deleting: ``If you need additional space, see the ``How to Provide
Additional Information'' section on page 3'' . . . . ``(for information
on where to provide this explanation, see the ``How to Provide
Additional Information'' section on page 3)'' . . . . ``(See the ``How
to Provide Additional Information'' section on page 3.).'' The
instructions on page 6 no longer need this language, as page 3 does not
contain any instructions on providing additional information, nor is
such instruction needed to complete the form.
The Department invites public comment on this proposed rule,
including general and specific comment on any aspect of the rule.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
58 FR 51735 (Oct. 4, 1993), requires agencies, to the extent permitted
by law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed rule does not constitute a ``significant
regulatory action'' under section 3(f) of E.O. 12866, as it reduces
reporting and recordkeeping burden for filers and potential filers.
Accordingly, this proposed rule was not submitted to OIRA for review
under E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
The Department reviewed this proposed rule under the provisions of
the Regulatory Flexibility Act. This rule proposes to eliminate
burdensome regulations. Therefore, the Department initially concludes
that the impacts of the proposed rule would not have a ``significant
economic impact on a substantial number of small entities,'' E.O.
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (Aug. 16, 2002), and that the preparation of an IRFA is not
warranted. The Department will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This proposed rule imposes no new information or recordkeeping
requirements, and the Department does not expect any changes to the
number of respondents or reporting or recordkeeping hours. Accordingly,
the Department does not propose any changes to its burden estimates for
Information Collection Request (ICR) 1245-0003, which contains the Form
LM-30 and other LMRDA forms. However, since the Department proposes to
update the Form LM-30 Instructions, the Department will submit an ICR
revision package to the Office of Management and Budget (OMB) for
approval pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.) and 5 CFR 1320.12.
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.
The Department has examined this proposed rule and has determined
that it would not have a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any, (2) clearly
specifies any effect on existing Federal law or regulation, (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction, (4) specifies the retroactive
effect, if any, (5) adequately defines key terms, and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. The Department has completed the required
review and determined
[[Page 28257]]
that, to the extent permitted by law, this proposed rule meets the
relevant standards of E.O. 12988.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy. 2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant Federal
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. 2 U.S.C. 1534(a).
The Department examined this proposed rule according to UMRA and
its statement of policy and determined that the proposed rule does not
contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
G. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, the Department
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
H. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), the Department has determined that this proposed rule would
not result in any takings that might require compensation under the
Fifth Amendment to the U.S. Constitution.
I. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). The Department has reviewed this proposed rule
under the OMB guidance and has concluded that it is consistent with
applicable policies in those guidelines.
J. Review Under Additional Executive Orders and Presidential Memoranda
The Department has examined this proposed rule and has determined
that it is consistent with the policies and directives outlined in E.O.
14154, ``Unleashing American Energy,'' 90 FR 8353 (Jan. 29, 2025); E.O.
14192, ``Unleashing Prosperity Through Deregulation,'' 90 FR 9065 (Feb.
6, 2025); and Presidential Memorandum, ``Delivering Emergency Price
Relief for American Families and Defeating the Cost-of-Living Crisis,''
90 FR 8245 (Jan. 28, 2025). This proposed rule is expected to be an
Executive Order 14192 deregulatory action.
K. Signature
Signed in Washington, DC, this June 18, 2025.
Elisabeth Messenger,
Director, OLMS.
List of Subjects in 29 CFR Part 404
Labor organization officers and employees, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, the Department proposes
to amend part 404 of chapter IV of title 29 of the Code of Federal
Regulations, as set forth below:
PART 404--TITLE IV--LABOR ORGANIZATION OFFICER and EMPLOYEE REPORTS
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1. The authority citation for part 404 continues to read as follows:
Authority: Labor-Management Reporting and Disclosure Act of
1959, as amended, Public Law 86-257, 73 Stat. 519-546, codified at
29 U.S.C. 401-531.
0
2. Edit Sec. 404.1(h) to read: ``Minor child means a son, daughter,
stepson, or stepdaughter under 18 years of age.''
[FR Doc. 2025-11849 Filed 6-30-25; 8:45 am]
BILLING CODE P
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