29 U.S.C. § 1204 — Coordination between the Department of

Page 622 TITLE 29—LABOR § 1202a 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title. § 1202a. Employee plans compliance resolution system (a) In general The Secretary of the Treasury shall have full authority to establish and implement the Em- ployee Plans Compliance Resolution System (or any successor program) and any other employee plans correction policies, including the author- ity to waive income, excise, or other taxes to en- sure that any tax, penalty, or sanction is not ex- cessive and bears a reasonable relationship to the nature, extent, and severity of the failure. (b) Improvements The Secretary of the Treasury shall continue to update and improve the Employee Plans Com- pliance Resolution System (or any successor program), giving special attention to— (1) increasing the awareness and knowledge of small employers concerning the availability and use of the program; (2) taking into account special concerns and circumstances that small employers face with respect to compliance and correction of com- pliance failures; (3) extending the duration of the self-correc- tion period under the Self-Correction Program for significant compliance failures; (4) expanding the availability to correct in- significant compliance failures under the Self- Correction Program during audit; and (5) assuring that any tax, penalty, or sanc- tion that is imposed by reason of a compliance failure is not excessive and bears a reasonable relationship to the nature, extent, and sever- ity of the failure. (Pub. L. 109–280, title XI, § 1101, Aug. 17, 2006, 120 Stat. 1055.) Editorial Notes CODIFICATION Section was enacted as part of the Pension Protec- tion Act of 2006, and not as part of the Employee Re- tirement Income Security Act of 1974 which comprises this chapter. § 1203. Procedures in connection with prohibited transactions (a) Notification to Secretary of Labor; oppor- tunity to comment on imposition of tax under section 4975 of title 26; waiver; re- quests for investigations Unless the Secretary of the Treasury finds that the collection of a tax is in jeopardy, in carrying out the provisions of section 4975 of title 26 (relating to tax on prohibited trans- actions) the Secretary of the Treasury shall, in accordance with the provisions of subsection (h) of such section, notify the Secretary of Labor before sending a notice of deficiency with re- spect to the tax imposed by subsection (a) or (b) of such section, and, in accordance with the pro- visions of subsection (h) of such section, afford the Secretary an opportunity to comment on the imposition of the tax in any case. The Sec- retary of the Treasury shall have authority to waive the imposition of the tax imposed under section 4975(b) in appropriate cases. Upon receiv- ing a written request from the Secretary of Labor or from the Pension Benefit Guaranty Corporation, the Secretary of the Treasury shall cause an investigation to be carried out with re- spect to whether the tax imposed by section 4975 of title 26 should be applied to any person re- ferred to in the request. (b) Consultation The Secretary of the Treasury and the Sec- retary of Labor shall consult with each other from time to time with respect to the provisions of section 4975 of title 26 (relating to tax on pro- hibited transactions) and with respect to the provisions of subchapter I of this chapter relat- ing to prohibited transactions and exemptions therefrom in order to coordinate the rules appli- cable under such standards. (c) Transmission of information to Secretary of the Treasury Whenever the Secretary of Labor obtains in- formation indicating that a party-in-interest or disqualified person is violating section 1106 of this title, he shall transmit such information to the Secretary of the Treasury. (Pub. L. 93–406, title III, § 3003, Sept. 2, 1974, 88 Stat. 998; Pub. L. 101–239, title VII, § 7891(a)(1), Dec. 19, 1989, 103 Stat. 2445.) Editorial Notes AMENDMENTS 1989—Subsecs. (a), (b). Pub. L. 101–239 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 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. § 1204. Coordination between the Department of the Treasury and the Department of Labor (a) Whenever in this chapter or in any provi- sion of law amended by this chapter the Sec- retary of the Treasury and the Secretary of Labor are required to carry out provisions relat- ing to the same subject matter (as determined by them) they shall consult with each other and shall develop rules, regulations, practices, and forms which, to the extent appropriate for the efficient administration of such provisions, are designed to reduce duplication of effort, duplica- tion of reporting, conflicting or overlapping re- quirements, and the burden of compliance with such provisions by plan administrators, employ- ers, and participants and beneficiaries. (b) In order to avoid unnecessary expense and duplication of functions among Government Page 623 TITLE 29—LABOR § 1222 agencies, the Secretary of the Treasury and the Secretary of Labor may make such arrange- ments or agreements for cooperation or mutual assistance in the performance of their functions under this chapter, and the functions of any such agencies as they find to be practicable and consistent with law. The Secretary of the Treas- ury and the Secretary of Labor may utilize, on a reimbursable or other basis, the facilities or services, of any department, agency, or estab- lishment of the United States or of any State or political subdivision of a State, including the services, of any of its employees, with the lawful consent of such department, agency, or estab- lishment; and each department, agency, or es- tablishment of the United States is authorized and directed to cooperate with the Secretary of the Treasury and the Secretary of Labor and, to the extent permitted by law, to provide such in- formation and facilities as they may request for their assistance in the performance of their functions under this chapter. The Attorney Gen- eral or his representative shall receive from the Secretary of the Treasury and the Secretary of Labor for appropriate action such evidence de- veloped in the performance of their functions under this chapter as may be found to warrant consideration for criminal prosecution under the provisions of this subchapter or other Federal law. (Pub. L. 93–406, title III, § 3004, Sept. 2, 1974, 88 Stat. 998.) 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. SUBTITLE B—JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE; STUDIES PART 1—JOINT PENSION, PROFIT-SHARING, AND EMPLOYEE STOCK OWNERSHIP PLAN TASK FORCE § 1221. Establishment The staffs of the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, the Joint Committee on Taxation, and the Committee on Finance and the Committee on Labor and Public Welfare of the Senate shall carry out the duties assigned under this subchapter to the Joint Pen- sion, Profit-Sharing, and Employee Stock Own- ership Plan Task Force. By agreement among the chairmen of such Committees, the Joint Pension, Profit-Sharing, and Employee Stock Ownership Plan Task Force shall be furnished with office space, clerical personnel, and such supplies and equipment as may be necessary for the Joint Pension, Profit-Sharing, and Em- ployee Stock Ownership Plan Task Force to carry out its duties under this subchapter. (Pub. L. 93–406, title III, § 3021, Sept. 2, 1974, 88 Stat. 999; Pub. L. 94–455, title VIII, § 803(i) (2)(A)(iii), title XIX, § 1907(a)(5), Oct. 4, 1976, 90 Stat. 1591, 1836.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–455, § 803(i)(2)(A)(iii), substituted ‘‘Joint Pension, Profit-Sharing, and Employee Stock Ownership Plan Task Force’’ for ‘‘Joint Pension Task Force’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. ‘‘Joint Committee on Taxation’’ substituted for ‘‘Joint Committee on Internal Revenue Taxation’’ on authority of section 1907(a)(5) of Pub. L. 94–455. Committee on Labor and Public Welfare of Senate abolished and replaced by Committee on Human Re- sources of Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of Senate, as amended by Senate Resolution No. 4 (popularly cited as the ‘‘Committee System Reorganization Amendments of 1977’’), ap- proved Feb. 4, 1977. Committee on Human Resources of Senate changed to Committee on Labor and Human Re- sources of Senate, effective Mar. 7, 1979, by Senate Res- olution No. 30, 96th Congress. See, also, Rule XXV of Standing Rules of Senate adopted Nov. 14, 1979. Com- mittee 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. § 1222. Duties (a) The Joint Pension, Profit-Sharing, and Employee Stock Ownership Plan Task Force shall, within 24 months after September 2, 1974, make a full study and review of— (1) the effect of the requirements of section 411 of title 26 and of section 1053 of this title to determine the extent of discrimination, if any, among employees in various age groups resulting from the application of such require- ments; (2) means of providing for the portability of pension rights among different pension plans; (3) the appropriate treatment under sub- chapter III of this chapter (relating to termi- nation insurance) of plans established and maintained by small employers; (4) the broadening of stock ownership, par- ticularly with regard to employee stock own- ership plans (as defined in section 4975(e)(7) of title 26 and section 1107(d)(6) of this title) and all other alternative methods for broadening stock ownership to the American labor force and others; (5) the effects and desirability of the Federal preemption of State and local law with respect to matters relating to pension and similar plans; and (6) such other matter as any of the commit- tees referred to in section 1221 of this title may refer to it. (b) The Joint Pension, Profit-Sharing, and Employee Stock Ownership Plan Task Force shall report the results of its study and review to each of the committees referred to in section 1221 of this title.