29 U.S.C. § 438 — Rules and regulations; simplified reports

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.