of full time equivalent employees of the employer (as determined under section 45R(d)(2)). (2) Increased penalty where failure continues (A) In general If any failure described in subsection (a) (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the taxpayer, the taxpayer shall pay a penalty (in addition to the amount of any penalty under paragraph (1)) equal to the amount determined under paragraph (1) for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (B) Limitation The penalty imposed under this paragraph with respect to any failure shall not exceed $100,000. (c) Information To be provided The information required under this subsection shall include— (1) the dates that such activities described in section 162(e)(1)(E) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe. (d) Reasonable cause exception No penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect. . (B) Clerical amendment The table of sections for part I of subchapter B of chapter 68 is amended by adding at the end the following new item: Sec. 6720D. Failure to include certain information with respect to employer activities relating to labor organizations. . (2) Third-party information reporting (A) In general Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6039J the following new section: 6039K. Information with respect to certain employer activities relating to labor organizations (a) In general Any person