§ 1136 TITLE 29—LABOR Page 452

‘‘(e) EFFECTIVE DATE.—The preceding provisions of

this section shall take effect on the date of the enactment of this Act [Apr. 7, 1986].’’

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.

§ 1136. Coordination and responsibility of agencies enforcing this subchapter and related

Federal laws

(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.

(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 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.)

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.

EFFECTIVE 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

Section 250 of title II of Pub. L. 104–191 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).’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1144 of this title.

§ 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 administer or enforce this subchapter or the Internal

Revenue Code of 1986 with respect to any employee benefit plan under which he is a participant or beneficiary, any employee 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 employees 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.)

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.

CODIFICATION

Subsec. (b) of this section amended section 5108 of

Title 5, Government Organization and Employees.