29 U.S.C. § 1148 — Authority to postpone certain deadlines

Page 554 TITLE 29—LABOR § 1148 1 So in original. Probably should be followed by a comma. ticipation of Federal, State, and local agen- cies and private organizations, professionals, and others involved in retirement income savings and provides a strong basis for as- sistance to be provided under paragraph (1)(B); (B) the agenda prepared under paragraph (1)(C) for the National Summit is published in the Federal Register; and (C) the personnel appointed under para- graph (1)(E) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affili- ation or previous partisan activities. (3) Nonapplication of chapter 10 of title 5 The provisions of chapter 10 of title 5 shall not apply to the National Summit. (g) Report The Secretary shall prepare a report describ- ing the activities of the National Summit and shall submit the report to the President, the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the chief executive officers of the States not later than 90 days after the date on which the National Summit is ad- journed. (h) ‘‘State’’ defined For purposes of this section, the term ‘‘State’’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Common- wealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (i) Authorization of appropriations (1) In general There is authorized to be appropriated for fiscal years beginning on or after October 1, 1997, such sums as are necessary to carry out this section. (2) Authorization to accept private contribu- tions In order to facilitate the National Summit as a public-private partnership, the Secretary may accept private contributions, in the form of money, supplies, or services, to defray the costs of the National Summit. (j) Financial obligation for fiscal year 1998 The financial obligation for the Department of Labor for fiscal year 1998 shall not exceed the lesser of— (1) one-half of the costs of the National Sum- mit; or (2) $250,000. The private sector organization described in subsection (b) and contracted with by the Sec- retary shall be obligated for the balance of the cost of the National Summit. (k) Contracts The Secretary may enter into contracts to carry out the Secretary’s responsibilities under this section. The Secretary shall enter into a contract on a sole-source basis to ensure the timely completion of the National Summit in fiscal year 1998. (Pub. L. 93–406, title I, § 517, as added Pub. L. 105–92, § 4(a), Nov. 19, 1997, 111 Stat. 2141; amend- ed Pub. L. 117–286, § 4(a)(190), Dec. 27, 2022, 136 Stat. 4327.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2022—Subsec. (f)(3). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. § 1148. Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions In the case of a pension or other employee benefit plan, or any sponsor, administrator, par- ticipant, beneficiary, or other person with re- spect to such plan, affected by a Presidentially declared disaster (as defined in section 1033(h)(3) of title 26) 1 a terroristic or military action (as defined in section 692(c)(2) of such title), or a public health emergency declared by the Sec- retary of Health and Human Services pursuant to section 247d of title 42, the Secretary may, notwithstanding any other provision of law, pre- scribe, by notice or otherwise, a period of up to 1 year which may be disregarded in determining the date by which any action is required or per- mitted to be completed under this chapter. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence. (Pub. L. 93–406, title I, § 518, as added Pub. L. 107–134, title I, § 112(c)(1), Jan. 23, 2002, 115 Stat. 2434; amended Pub. L. 116–136, div. A, title III, § 3607, Mar. 27, 2020, 134 Stat. 412.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–406, known as the Em- ployee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. AMENDMENTS 2020—Pub. L. 116–136 substituted ‘‘a terroristic or military action (as defined in section 692(c)(2) of such title), or a public health emergency declared by the Page 555 TITLE 29—LABOR § 1151 1 So in original. Probably should be followed by ‘‘a’’. 2 So in original. Probably should be capitalized. Secretary of Health and Human Services pursuant to section 247d of title 42, the Secretary may’’ for ‘‘or a terroristic or military action (as defined in section 692(c)(2) of such title), the Secretary may’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to disasters and terroristic or military actions occurring on or after Sept. 11, 2001, with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Ben- efit Guaranty Corporation occurring on or after Jan. 23, 2002, see section 112(f) of Pub. L. 107–134, set out as an Effective Date of 2002 Amendment note under sec- tion 6081 of Title 26, Internal Revenue Code. § 1149. Prohibition on false statements and rep- resentations No person, in connection with a plan or other arrangement that is 1 multiple employer welfare arrangement described in section 1002(40) of this title, shall make a false statement or false rep- resentation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any bene- ficiary, any employer, any employee organiza- tion, the Secretary, or any State, or the rep- resentative or agent of any such person, State, or the Secretary, concerning— (1) the financial condition or solvency of such plan or arrangement; (2) the benefits provided by such plan or ar- rangement; (3) the regulatory status of such plan or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or (4) the regulatory status of such plan or other arrangement regarding exemption from state 2 regulatory authority under this chap- ter. This section shall not apply to any plan or ar- rangement that does not fall within the mean- ing of the term ‘‘multiple employer welfare ar- rangement’’ under section 1002(40)(A) of this title. (Pub. L. 93–406, title I, § 519, as added Pub. L. 111–148, title VI, § 6601(a), Mar. 23, 2010, 124 Stat. 779.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (4), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Ti- tles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. § 1150. Applicability of State law to combat fraud and abuse The Secretary may, for the purpose of identi- fying, preventing, or prosecuting fraud and abuse, adopt regulatory standards establishing, or issue an order relating to a specific person es- tablishing, that a person engaged in the business of providing insurance through a multiple em- ployer welfare arrangement described in section 1002(40) of this title is subject to the laws of the States in which such person operates which reg- ulate insurance in such State, notwithstanding section 1144(b)(6) of this title or the Liability Risk Retention Act of 1986 [15 U.S.C. 3901 et seq.], and regardless of whether the law of the State is otherwise preempted under any of such provisions. This section shall not apply to any plan or arrangement that does not fall within the meaning of the term ‘‘multiple employer welfare arrangement’’ under section 1002(40)(A) of this title. (Pub. L. 93–406, title I, § 520, as added Pub. L. 111–148, title VI, § 6604(a), Mar. 23, 2010, 124 Stat. 780.) Editorial Notes REFERENCES IN TEXT The Liability Risk Retention Act of 1986, referred to in text, is Pub. L. 97–45, Sept. 25, 1981, 95 Stat. 949, which is classified generally to chapter 65 (§ 3901 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3901 of Title 15 and Tables. § 1151. Administrative summary cease and desist orders and summary seizure orders against multiple employer welfare arrangements in financially hazardous condition (a) In general The Secretary may issue a cease and desist (ex parte) order under this subchapter if it appears to the Secretary that the alleged conduct of a multiple employer welfare arrangement de- scribed in section 1002(40) of this title, other than a plan or arrangement described in sub- section (g), is fraudulent, or creates an imme- diate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. (b) Hearing A person that is adversely affected by the issuance of a cease and desist order under sub- section (a) may request a hearing by the Sec- retary regarding such order. The Secretary may require that a proceeding under this section, in- cluding all related information and evidence, be conducted in a confidential manner. (c) Burden of proof The burden of proof in any hearing conducted under subsection (b) shall be on the party re- questing the hearing to show cause why the cease and desist order should be set aside. (d) Determination Based upon the evidence presented at a hear- ing under subsection (b), the cease and desist order involved may be affirmed, modified, or set aside by the Secretary in whole or in part. (e) Seizure The Secretary may issue a summary seizure order under this subchapter if it appears that a multiple employer welfare arrangement is in a financially hazardous condition.