[Federal Register Volume 91, Number 55 (Monday, March 23, 2026)]
[Rules and Regulations]
[Pages 13737-13739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05634]
[[Page 13737]]
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DEPARTMENT OF LABOR
Office of Labor-Management Standards
29 CFR Part 404
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: Final rule.
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SUMMARY: This final rule revises 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. The definition is changed
from ``under 21 years of age'' to ``under 18 years of age.'' This
amendment aims to align the definition with the age of majority
recognized in the vast majority of United States jurisdictions, thereby
reducing the reporting burden on filers while preserving the integrity
and purpose of the Labor-Management Reporting and Disclosure Act
(LMRDA)'s disclosure requirements. A technical correction is also made
to the Form LM-30 Instructions.
DATES: This rule is effective April 22, 2026, and applies to fiscal
years beginning on or after July 1, 2026.
FOR FURTHER INFORMATION CONTACT: Andrew C. Hasty, Chief of the Division
of Interpretations and Regulations, 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA),
29 U.S.C. 401 et seq., mandates specific reporting and disclosure
requirements for labor organizations, their officers and employees,
employers, labor relations consultants, and surety companies. Under
Section 202 of the LMRDA, 29 U.S.C. 432, every officer or employee of a
labor organization, or whose spouse or ``minor child,'' directly or
indirectly holds any interest, or derives income or benefit from
certain employers or businesses dealing with the labor organization, is
required to file a disclosure report with the Secretary of Labor. The
Secretary of Labor has the authority to prescribe the form for these
financial disclosure reports. 29 U.S.C. 438.
The U.S. Department of Labor (Department), Office of Labor-
Management Standards (OLMS), uses the Form LM-30 Labor Organization
Officer and Employee Report to address actual or potential conflicts of
interest involving union officials' personal financial interests, as
well as those of their spouse or ``minor child,'' and their labor
organization. In 2007, OLMS defined ``minor child'' as a ``son,
daughter, stepson, or stepdaughter under 21 years of age''. This
definition aimed to provide a uniform, nationwide standard, noting that
21 was the age of majority in most states at the time of the LMRDA's
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).
On July 1, 2025, the Department published a Notice of Proposed
Rulemaking (``NPRM'') seeking public comment on amending its
regulations to redefine ``minor child'' as a son, daughter, stepson, or
stepdaughter under the age of 18. See Minor Child Definition for Form
LM-30 Labor Organization Officer and Employee Report, 90 FR 28255 (July
1, 2025).
II. Discussion of the Final Rule
After reviewing the one and only comment received in response to
the July 1, 2025 NPRM, the Department is now issuing a final rule that
implements the proposed rule. This revision aligns the Form LM-30
reporting requirements with current legal norms, where individuals aged
18 and older are generally considered capable of managing their own
financial affairs and are legally responsible for their actions. In
various areas of the law, such as voting, entering into contracts, and
military service, adulthood typically begins at age 18. Currently, 47
states and Washington, DC, recognize 18 as the age of majority, with
only Alabama and Nebraska at age 19, and Mississippi at age 21.\1\
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\1\ Ala. Stat. Ann. Sec. 26-1-1 (2024) (While the age of
majority is 19 in Alabama, individuals over the age of 18 may enter
into legal contracts): Alaska Stat. Ann. Sec. 25.20.010 (2024):
Ariz. Rev. Stat. Ann. Sec. 1-215 (2025): Ark. Code Ann. Sec. 9-25-
101 (2024): Cal. Fam Code Sec. Sec. 6500, 6501 (2024): Colo. Rev.
Stat. Sec. 13-22-101 (2021): Conn. Gen. Stat. Ann. Sec. 1-1d
(2024): Del. Code Ann. tit. 1, Sec. 701 (2024): DC Code Ann. Sec.
46-101 (2024): Fla. Stat. Ann. Sec. 1.01(13) (2025): Ga. Code Ann.
Sec. 39-1-1 (2022): Haw. Rev. Stat. Ann. Sec. 577-1 (2024): Idaho
Code Sec. 32-101 (2024): 755 Ill. Comp. Stat. Ann. 5/11-1 (2024):
Ind. Code Ann. Sec. 1-1-4-5 (2024): Iowa Code Ann. Sec. 599.1
(2025), see also Sec. 565B.1, Kan. Stat. Ann. Sec. 38-101 (2024):
Ky. Rev. Stat. Ann. Sec. 2.015 (2024): La. Civ. Code Ann. art. 29
(2024); Me. Rev. Stat. Ann. tit. 1 Sec. 72(11) (2021): Md. Gen.
Provis. Sec. 1-401 (2025), Mass. Gen. Laws Ann. ch. 4, Sec. 7, cl.
48 (2025): Mich. Comp. Laws Ann. Sec. 722.52 (2024): Minn. Stat.
Ann. Sec. 645.45 (2024): Miss. Code. Ann. Sec. 1-3-27 (2024):
Miss. Code. Ann. Sec. 93-19-13 (2024) (while the age of majority in
Mississippi is 21, individuals over the age of 18 may enter into
legal contracts); Mo. Ann. Stat. Sec. 431.055 (2024): Mont. Const.
art. II, Sec. 14 (amended by Const. Amend. No. 4 (1978) and Const.
Amend. No. 16 (1986)); Neb. Rev. Stat. Sec. 43-2101 (2021); Nev.
Rev. Stat. Sec. 129.010 (2024); N.H. Rev. Stat. Ann. Sec. 21:44
(2023); N.J. Stat. Ann. Sec. 9:17B-3 (2024); N.M. Stat. Ann. Sec.
28-6-1 (2025); N.Y. Gen. Oblig. Law Sec. 1-202 (2024); N.C. Gen.
Stat. Sec. 48A-2 (2025); N.D.C.C. Sec. 14-10-02 (2024); Ohio Rev.
Code Ann. Sec. 3109.01 (2024); Okla. Stat. Ann. tit. 15, Sec. 13
(2024); Or. Rev. Stat. Ann. Sec. 109.510 (2023); 23 Pa. Stat. and
Cons. Stat. Ann. Sec. 5101 (2024); 15 R.I. Gen. Laws Ann. Sec. 15-
12-1 (2024); S.C. Code Ann. Sec. 15-1-320 (2025); S.D. Codified
Laws Sec. 26-1-1 (2025); Utah Code Ann. Sec. 15-2-1 (2024); Tenn.
Code Ann. Sec. 1-3-105(1) (2025); Tex. Civ Prac. & Rem. Code Sec.
129.001 (1985); Va. Code Ann. Sec. 1-204 (2025); Vt. Stat. Ann.
Tit. 1, Sec. 173 (2024); Wash. Rev. Code Ann. Sec. 26.28.010
(2024); W. Va. Code Ann. Sec. 2-2-10 (2025); Wis. Stat. Ann. Sec.
990.01 (2025); Wyo. Stat. Ann. Sec. 14-1-101(3) (2025); See ``Age
Boundaries in Juvenile Justice Systems,'' Nat'l Governors Ass'n,
(Aug. 12, 2021), https://www.nga.org/publications/age-boundaries-in-juvenile-justice-systems/; see, e.g. Roper v. Simmons, 543 U.S. 551,
574, 125 S. Ct. 1183, 1198, 161 L. Ed. 2d 1 (2005) (``The age of 18
is the point where society draws the line for many purposes between
childhood and adulthood''), Vivian E. Hamilton, Adulthood in Law and
Culture, 91 Tul. L. Rev. 55, 64, fn. 47 (2016).
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As the one public comment received on the proposed rule explicitly
stated, ``[t]his proposal to redefine a minor child as an individual
`under 18 years of age' is based on sound reasoning. It correctly
aligns the LMRDA's reporting requirements with the legal age of
majority now established in 47 states and Washington, DC. This change
creates a more consistent, modern, and common-sense standard for filers
nationwide.''
Additionally, this change has potential to reduce administrative
burdens on filers. Requiring disclosure of financial interests or
transactions for children or stepchildren aged 18 to 20 imposed
unnecessary administrative burdens without significantly enhancing
transparency or the detection of conflicts of interest, especially
since union officials lack legal control over the financial affairs of
their adult children. This amended definition maintains the essential
conflict-of-interest disclosure requirements while alleviating an undue
burden. In practice, this means filers are no longer required to
obtain, review, or disclose information about the financial
[[Page 13738]]
interests, gifts, employment relationships, or business transactions of
children or stepchildren aged 18 through 20 who are legally adults, nor
to collect supporting documentation for those disclosures.
Finally, the Department has made a technical correction on page 6
of the Form LM-30 Instructions, in Item 7, removing outdated references
to the ``How to Provide Additional Information'' section, as this
instruction is no longer necessary for completing the form.
III. Procedural Issues and Regulatory Review
The Department has reviewed this final rule under various executive
orders and acts, concluding the following:
A. Review Under Executive Orders 12866 (Regulatory Planning and Review)
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 final 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 rule was not submitted to OIRA for review
under E.O. 12866.
By revising the definition of ``minor child'' to align with the
widely accepted age of majority, the rule is designed to reduce
unnecessary administrative burdens on filers while maintaining the
integrity and purpose of the Labor-Management Reporting and Disclosure
Act's (LMRDA) disclosure requirements. The Department views the
benefits of reducing unnecessary burden on filers as justifying the
non-existent costs associated with this change.
B. Review Under the Regulatory Flexibility Act (RFA)
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 conducted a review under the provisions of the
Regulatory Flexibility Act (RFA). This rule will eliminate burdensome
regulations; therefore, the Department concluded that the impacts of
this final rule will 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). A ``significant economic impact'' is generally defined
as affecting costs or revenues by more than three percent annually, and
a ``substantial number'' of small entities is typically considered 20
percent.
Because this rule reduces burden rather than imposing new
requirements, the preparation of an initial regulatory flexibility
analysis (IRFA) or a final regulatory flexibility analysis (FRFA) was
not warranted. The Department will transmit this certification, along
with a 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 (PRA)
This final rule imposes no new information or recordkeeping
requirements. The Department does not anticipate any changes to the
number of respondents or reporting or recordkeeping hours. An
Information Collection Request (ICR) revision package will be submitted
to the Office of Management and Budget (OMB) for approval to update the
Form LM-30 Instructions. The OMB Control Number for Labor Organization
and Auxiliary Reports is 1245-0003.
D. Review Under Executive Order 13132 (Federalism)
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 determined that this rule will 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 (Civil Justice Reform)
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 under E.O. 12988
and has determined that, to the extent permitted by law, this final
rule meets the relevant standards of E.O. 12988,
[[Page 13739]]
which include eliminating drafting errors and ambiguity, minimizing
litigation, providing a clear legal standard, promoting simplification
and burden reduction, and adequately defining key terms.
F. Review Under the Unfunded Mandates Reform Act (UMRA):
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 final rule according to UMRA and its
statement of policy. It determined that the final rule does not contain
a Federal intergovernmental mandate. Furthermore, it is not 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 (Family Policymaking Assessment)
Section 654 of the Treasury and General Government Appropriations
Act, 1999, requires Federal agencies to issue a Family Policymaking
Assessment for any rule that may affect family well-being. This final
rule will not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, the Department concluded that it
is not necessary to prepare a Family Policymaking Assessment.
H. Review Under Executive Order 12630 (Governmental Actions and
Interference With Constitutionally Protected Property Rights)
Pursuant to E.O. 12630, the Department has determined that this
final rule will 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 (Information Quality)
Section 515 of the Treasury and General Government Appropriations
Act, 2001, 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 final 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 final rule and determined that it
is consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy,'' E.O. 14192, ``Unleashing Prosperity
Through Deregulation,'' and the Presidential Memorandum, ``Delivering
Emergency Price Relief for American Families and Defeating the Cost-of-
Living Crisis.'' This rule is specifically expected to be an E.O. 14192
deregulatory action.
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 amends
part 404 of chapter IV of title 29 of the Code of Federal Regulations,
as set forth below:
PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS
0
1. The authority citation for part 404 continues to read as follows:
Authority: Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C.
432, 437, 438); Secretary's Order No. 03-2012, 77 FR 69376, November
16, 2012.
0
2. Amend Sec. 404.1 by revising paragraph (h) to read as follows:
Sec. 404.1 Definitions.
* * * * *
(h) Minor child means a son, daughter, stepson, or stepdaughter
under 18 years of age.
* * * * *
Signed in Washington, DC.
Elisabeth Messenger,
Director, OLMS.
[FR Doc. 2026-05634 Filed 3-20-26; 8:45 am]
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