§1134 Investigative Authority

Summary

The Secretary can investigate when there is reason to think someone broke or is about to break the rules in this part of the law. To find out, the Secretary can require reports, books, records, and supporting data. The Secretary can enter places, inspect records, and question people if there is reasonable cause or if the plan agreed. The Secretary may not make a plan give the same books or records more than once in any 12‑month period unless there is reasonable cause. The rules in sections 49 and 50 of Title 15 about forcing witnesses and documents apply. The Secretary may also let the proper federal banking agency handle investigations of insured banks that act as plan fiduciaries. The Secretary may write a rule that protects and keeps confidential communications among certain state and federal authorities and their staff (for example, state insurance departments, state attorneys general, the National Association of Insurance Commissioners, and federal departments like Labor, Treasury, Justice, and Health and Human Services). That protection covers communications tied to any investigation, audit, examination, or inquiry and does not waive any other privilege the agency or the information provider already has.