29 U.S.C. § 1137 — Administration

Page 544 TITLE 29—LABOR § 1136 Secretary authorized, effective Sept. 2, 1974, to pro- mulgate regulations wherever provisions of this sub- chapter call for the promulgation of regulations, see section 1031 of this title. § 1136. Coordination and responsibility of agen- cies enforcing this subchapter and related Federal laws (a) Coordination with other agencies and depart- ments In order to avoid unnecessary expense and du- plication of functions among Government agen- cies, the Secretary may make such arrange- ments or agreements for cooperation or mutual assistance in the performance of his functions under this subchapter and the functions of any such agency as he may find to be practicable and consistent with law. The Secretary may uti- lize, on a reimbursable or other basis, the facili- ties or services of any department, agency, or establishment of the United States or of any State or political subdivision of a State, includ- ing the services of any of its employees, with the lawful consent of such department, agency, or establishment; and each department, agency, or establishment of the United States is author- ized and directed to cooperate with the Sec- retary and, to the extent permitted by law, to provide such information and facilities as he may request for his assistance in the perform- ance of his functions under this subchapter. The Attorney General or his representative shall re- ceive from the Secretary for appropriate action such evidence developed in the performance of his functions under this subchapter as may be found to warrant consideration for criminal prosecution under the provisions of this sub- chapter or other Federal law. (b) Responsibility for detecting and investigating civil and criminal violations of this sub- chapter and related Federal laws The Secretary shall have the responsibility and authority to detect and investigate and refer, where appropriate, civil and criminal vio- lations related to the provisions of this sub- chapter and other related Federal laws, includ- ing the detection, investigation, and appropriate referrals of related violations of title 18. Noth- ing in this subsection shall be construed to pre- clude other appropriate Federal agencies from detecting and investigating civil and criminal violations of this subchapter and other related Federal laws. (c) Coordination of enforcement with States with respect to certain arrangements A State may enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary’s authority under sections 1132 and 1134 of this title to enforce the require- ments under part 7 in connection with multiple employer welfare arrangements, providing med- ical care (within the meaning of section 1191b(a)(2) of this title), which are not group health plans. (Pub. L. 93–406, title I, § 506, Sept. 2, 1974, 88 Stat. 894; Pub. L. 98–473, title II, § 805, Oct. 12, 1984, 98 Stat. 2134; Pub. L. 104–191, title I, § 101(e)(3), Aug. 21, 1996, 110 Stat. 1953; Pub. L. 104–204, title VI, § 603(b)(3)(F), Sept. 26, 1996, 110 Stat. 2938.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–204 made technical amendment to reference in original act which appears in text as reference to section 1191b of this title. Pub. L. 104–191 added subsec. (c). 1984—Pub. L. 98–473 designated existing provisions as subsec. (a), added subsec. (b), and amended section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by Pub. L. 104–204 applicable with re- spect to group health plans for plan years beginning on or after Jan. 1, 1998, see section 603(c) of Pub. L. 104–204 set out as a note under section 1003 of this title. Amendment by Pub. L. 104–191 applicable with re- spect to group health plans for plan years beginning after June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as a note under section 1181 of this title. REGULATIONS Secretary authorized, effective Sept. 2, 1974, to pro- mulgate regulations wherever provisions of this sub- chapter call for the promulgation of regulations, see section 1031 of this title. RELATION OF SUBTITLE E OF TITLE II OF PUB. L. 104–191 TO ERISA AUTHORITY Pub. L. 104–191, title II, § 250, Aug. 21, 1996, 110 Stat. 2021, provided that: ‘‘Nothing in this subtitle [subtitle E (§§ 241–250) of title II of Pub. L. 104–191, enacting sec- tions 24, 669, 1035, 1347, 1518, and 3486 of Title 18, Crimes and Criminal Procedure, amending sections 982, 1345, 1510, and 1956 of Title 18, and enacting provisions set out as notes under section 1395i of Title 42, The Public Health and Welfare] shall be construed as affecting the authority of the Secretary of Labor under section 506(b) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1136(b)], including the Secretary’s au- thority with respect to violations of title 18, United States Code (as amended by this subtitle).’’ § 1137. Administration (a) Subchapter II of chapter 5, and chapter 7, of title 5 (relating to administrative procedure), shall be applicable to this subchapter. (b) Omitted. (c) No employee of the Department of Labor or the Department of the Treasury shall admin- ister or enforce this subchapter or title 26 with respect to any employee benefit plan under which he is a participant or beneficiary, any em- ployee organization of which he is a member, or any employer organization in which he has an interest. This subsection does not apply to an employee benefit plan which covers only em- ployees of the United States. (Pub. L. 93–406, title I, § 507, Sept. 2, 1974, 88 Stat. 894; Pub. L. 101–239, title VII, § 7891(a), Dec. 19, 1989, 103 Stat. 2445.) Editorial Notes CODIFICATION Subsec. (b) of this section amended section 5108 of Title 5, Government Organization and Employees. AMENDMENTS 1989—Subsec. (c). Pub. L. 101–239 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was trans- lated as ‘‘title 26’’ thus requiring no change in text. Page 545 TITLE 29—LABOR § 1141 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title. REGULATIONS Secretary authorized, effective Sept. 2, 1974, to pro- mulgate regulations wherever provisions of this sub- chapter call for the promulgation of regulations, see section 1031 of this title. § 1138. Appropriations There are hereby authorized to be appro- priated such sums as may be necessary to enable the Secretary to carry out his functions and du- ties under this chapter. (Pub. L. 93–406, title I, § 508, Sept. 2, 1974, 88 Stat. 895.) 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. Statutory Notes and Related Subsidiaries REGULATIONS Secretary authorized, effective Sept. 2, 1974, to pro- mulgate regulations wherever provisions of this sub- chapter call for the promulgation of regulations, see section 1031 of this title. § 1139. Separability If any provision of this chapter, or the applica- tion of such provision to any person or cir- cumstances, shall be held invalid, the remainder of this chapter, or the application of such provi- sion to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Pub. L. 93–406, title I, § 509, Sept. 2, 1974, 88 Stat. 895.) 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. Statutory Notes and Related Subsidiaries REGULATIONS Secretary authorized, effective Sept. 2, 1974, to pro- mulgate regulations wherever provisions of this sub- chapter call for the promulgation of regulations, see section 1031 of this title. § 1140. Interference with protected rights It shall be unlawful for any person to dis- charge, fine, suspend, expel, discipline, or dis- criminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan, this subchapter, section 1201 of this title, or the Welfare and Pension Plans Disclosure Act [29 U.S.C. 301 et seq.], or for the purpose of inter- fering with the attainment of any right to which such participant may become entitled under the plan, this subchapter, or the Welfare and Pen- sion Plans Disclosure Act. It shall be unlawful for any person to discharge, fine, suspend, expel, or discriminate against any person because he has given information or has testified or is about to testify in any inquiry or proceeding re- lating to this chapter or the Welfare and Pen- sion Plans Disclosure Act. In the case of a mul- tiemployer plan, it shall be unlawful for the plan sponsor or any other person to discriminate against any contributing employer for exer- cising rights under this chapter or for giving in- formation or testifying in any inquiry or pro- ceeding relating to this chapter before Congress. The provisions of section 1132 of this title shall be applicable in the enforcement of this section. (Pub. L. 93–406, title I, § 510, Sept. 2, 1974, 88 Stat. 895; Pub. L. 109–280, title II, § 205, Aug. 17, 2006, 120 Stat. 889.) Editorial Notes REFERENCES IN TEXT The Welfare and Pension Plans Disclosure Act, re- ferred to in text, is Pub. L. 85–836, Aug. 28, 1958, 72 Stat. 997, which was classified generally to chapter 10 (§ 301 et seq.) of this title, and was repealed by Pub. L. 93–406, title I, § 111(a)(1), Sept. 2, 1974, 88 Stat. 851 (Employee Retirement Income Security Act of 1974), effective Jan. 1, 1975. Such section 111(a)(1) also provided that the Welfare and Pension Plans Disclosure Act should con- tinue to apply to any conduct and events which oc- curred before Jan. 1, 1975 (see section 1031 of this title). For complete classification of the Welfare and Pension Plans Disclosure Act to the Code prior to such repeal, see Tables. 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 2006—Pub. L. 109–280 inserted before last sentence ‘‘In the case of a multiemployer plan, it shall be unlawful for the plan sponsor or any other person to discrimi- nate against any contributing employer for exercising rights under this chapter or for giving information or testifying in any inquiry or proceeding relating to this chapter before Congress.’’ Statutory Notes and Related Subsidiaries REGULATIONS Secretary authorized, effective Sept. 2, 1974, to pro- mulgate regulations wherever provisions of this sub- chapter call for the promulgation of regulations, see section 1031 of this title. § 1141. Coercive interference It shall be unlawful for any person through the use of fraud, force, violence, or threat of the use of force or violence, to restrain, coerce, intimi- date, or attempt to restrain, coerce, or intimi-