Report on adverse interest agreements

(a)

In general

Section 504 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1134) is amended by adding at the end the following:

(f)

Collaboration with plaintiff attorneys

(1)

In general

In the event that the Secretary provides adverse assistance to an individual, prior to providing the adverse assistance, the Secretary shall—(A)enter into a written agreement with the individual that details the nature and scope of such assistance, and(B)provide a copy of such agreement to any employer, plan sponsor, or fiduciary that may be directly and adversely impacted by such assistance.(2)

Adverse assistance defined

For purposes of this subsection, the term adverse assistance means assistance or advice, including the disclosure of information as described in subsection (a), that is directed specifically toward an attorney for potential use in a civil action under section 502(a). (3)

Report

(A)

In general

Not later than 60 days after the date of enactment of this subsection, and by December 31 of each year that begins after such date, the Secretary shall submit to Congress a report containing information on all agreements to provide adverse assistance in effect for the preceding fiscal year, including, in relation to each such agreement—(i)a copy of the agreement, with any information described in subparagraph (B)(ii) redacted;(ii)the date the agreement was entered into;(iii)a detailed description of the nature and scope of the assistance provided during the fiscal year, including—(I)the information shared, including the source, type, and amount of the information, and the date on which such information was shared;(II)a log of verbal communications, including—(aa)the date of each communication;(bb)the parties engaged in such communication;(cc)the mode of communication; and(dd)the nature of any information shared; and(III)a log of meetings, including—(aa)the date of each meeting;(bb)the parties present at the meeting;(cc)mode of the meeting; and(dd)the purpose of such meeting and the nature of any information shared; and(iv)an explanation of how such agreement is consistent with the public policy of promoting the voluntary sponsorship of employee benefit plans subject to this Act.(B)

Identifying information

The report described under paragraph (A)—(i)shall identify the parties to each agreement; and(ii)may not include any information that may be used to identify any other person (including an employer, plan sponsor, plan fiduciary, service provider, or any other potential defendant).

(b)

Effective date

(1)

In general

Subject to subsection (b), the amendments made by this section shall apply to any adverse assistance provided on or after the date of enactment of this Act.(2)

Existing agreements

For the purposes of section 504(f)(1) (as added by this section) of the Employee Retirement Income Security Act (29 U.S.C. 1134(f)(1)), if, not later than 60 days after the date of enactment of this Act, the Secretary of Labor takes the actions required in paragraphs (A) and (B) of such paragraph in relation to an existing arrangement to provide adverse assistance, the Secretary shall be deemed to have taken such actions prior to providing such adverse assistance.