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Title 29 — LaborRelease 119-73

§1136 Coordination and responsibility of agencies enforcing this subchapter and related Federal laws

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 5— - administration and enforcement › § 1136

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make agreements with other government agencies to save money and avoid doing the same jobs twice. The Secretary may use the facilities, services, or employees of federal, state, or local agencies if those agencies agree. Other federal departments must cooperate and, as the law allows, give information and help when asked. The Secretary must pass any evidence that might support criminal charges to the Attorney General. The Secretary is also allowed to find, investigate, and refer civil and criminal violations under this subchapter and related federal laws, including violations of title 18, though other federal agencies may do that too. A State may agree to take over some or all of the Secretary’s enforcement powers under sections 1132 and 1134 for enforcing part 7 for multiple employer welfare arrangements that provide medical care (section 1191b(a)(2)) and are not group health plans.

Full Legal Text

Title 29, §1136

Labor — Source: USLM XML via OLRC

(a)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)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)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 section 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.

Legislative History

Notes & Related Subsidiaries

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 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 section 24, 669, 1035, 1347, 1518, and 3486 of Title 18, Crimes and Criminal Procedure, amending section 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).”

Reference

Citations & Metadata

Citation

29 U.S.C. § 1136

Title 29 — Labor

Last Updated

Apr 6, 2026

Release point: 119-73