29 U.S.C. § 1136

Coordination and responsibility of agencies enforcing this subchapter and related Federal laws

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(a) Coordination with other agencies and departments

In order to avoid unnecessary expense and duplication of functions among Government agencies, the Secretary may make such arrangements 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 utilize, on a reimbursable or other basis, the facilities or services of any department, agency, or establishment 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 establishment; and each department, agency, or establishment of the United States is authorized and directed to cooperate with the Secretary and, to the extent permitted by law, to provide such information and facilities as he may request for his assistance in the performance of his functions under this subchapter. The Attorney General or his representative shall receive 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 subchapter or other Federal law.

(b) Responsibility for detecting and investigating civil and criminal violations of this subchapter and related Federal laws

The Secretary shall have the responsibility and authority to detect and investigate and refer, where appropriate, civil and criminal violations related to the provisions of this subchapter and other related Federal laws, including the detection, investigation, and appropriate referrals of related violations of title 18. Nothing in this subsection shall be construed to preclude other appropriate Federal agencies from detecting and investigating civil and criminal violations of this subchapter and other related Federal laws.

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 requirements under part 7 in connection with multiple employer welfare arrangements, providing medical 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 NotesAmendments

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 SubsidiariesEffective Date of 1996 Amendments

Amendment by Pub. L. 104–204 applicable with respect 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 respect 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 promulgate regulations wherever provisions of this subchapter 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 sections 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 authority with respect to violations of title 18, United States Code (as amended by this subtitle).”

Notes of Decisions

Cited in 10 cases, 1980–2014 · leading case: Pension Benefit Guar. Corp. Ex Rel. Saint Vincent Catholic Med. Centers Ret. Plan v. Morgan Stanley Inv. Mgmt. Inc., 712 F.3d 705 (2d Cir. 2013).

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Pension Benefit Guar. Corp. Ex Rel. Saint Vincent Catholic Med. Centers Ret. Plan v. Morgan Stanley Inv. Mgmt. Inc., 712 F.3d 705 (2d Cir. 2013). · cites it 2× “Accordingly, the 12 Secretary of Labor (“Secretary”), charged with administering ERISA, “has expressed concern 13 over the erection of unnecessarily high pleading standards in ERISA cases.” Id. (internal 14 quotations omitted).”

Harold West, Trs. of the S. Labor Union Welfare Fund & Pension Fund v. James Butler, 621 F.2d 240 (6th Cir. 1980). “§ 1134 , charges the Secretary of Labor to investigate alleged ERISA violations, and § 506, 29 U.S.C. § 1136 , requires the Attorney General to receive from the Secretary any evidence found in the investigation which suggests criminal prosecution is in order.”

S. California Chapter of Associated Builders & Contractor Inc. v. California Apprenticeship Council, 841 P.2d 1011 (Cal. 1992). “14 In addition, amicus curiae California Apprenticeship Coordinators Association argues that the state’s approval authority is shielded from preemption under section 506(a) of ERISA ( 29 U.S.C. § 1136 (a)), which authorizes the Secretary to coordinate with other state and…”

Jacobson v. John Hancock Mut. Life Ins., 662 F. Supp. 1103 (D. Conn. 1987). “29 U.S.C. § 1136 . Administrative regulations and rulings are entitled to deference and may be disregarded only if shown to be plainly inconsistent with the laws interpreted.”

Dickerson v. Mut. of Am., 703 F. Supp. 2d 283 (S.D.N.Y. 2010). “See 29 U.S.C. §§ 1136 , 1204(b). The enforcement of the criminal provisions is the exclusive province of the Attorney General.”

Jacobson v. John Hancock Mut. Life Ins., 655 F. Supp. 1290 (D. Conn. 1987). “29 U.S.C. § 1136 . Administrative regulations and rulings are entitled to deference and may be disregarded only if shown to be plainly inconsistent with the laws interpreted.”

Donovan v. Est. of Fitzsimmons, 778 F.2d 298 (7th Cir. 1985). “29 U.S.C. § 1136 . Thus, Congress gave the United States Secretary of Labor the responsibility and authority to investigate and monitor employee benefit plans.”

Dep't of Labor Jurisdiction to Investigate Certain Crim. Matters (OLC 1986). · cites it 3× “Section 805(b) o f the Comprehensive Crim e Control Act o f 1984, 29 U.S.C. § 1136 , did not alter the lim itations on Department o f L abor investigatory authority set forth in § 601(a) of the LM RDA.”

Michael Escue v. Sequent, Inc., 568 F. App'x 357 (6th Cir. 2014). “See 29U.S.C. § 1136(b). 3 . Because the Trust’s only function was to hold money for the Plan, the investigation of the Plan necessarily included the investigation of the Trust.”

Jeremy Braden v. Wal-Mart Stores, Inc. (8th Cir. 2009). “8 8 The Secretary of Labor, who is charged with enforcing ERISA, see 29 U.S.C. § 1136 (b), depends in part on private litigation to ensure compliance with the statute.”

— 29 U.S.C. § 1136(b) — 1 case

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