Page:United States Statutes at Large Volume 111 Part 1.djvu/752

 Ill STAT. 728 PUBLIC LAW 105-33—AUG. 5, 1997 (1) a projection of when assets in the Trust Fund will be insufficient to pay benefits and necessary administrative expenses when due; and (2) a determination of the annual payment to the Federal Supplemental Fund under section 11053. SEC. 11062. REPORTS BY COMPTROLJJER GENERAL. (a) IN GENERAL. —The Comptroller General is authorized to conduct evaluations of the administration of this subtitle to ensure that the Trust Fund and Federal Supplemental Fund are being properly administered and shall report the findings of such evaluations to the Secretary and the Congress. (b) ACCESS TO INFORMATION.—For the purpose of evaluations under subsection (a) the Comptroller General, subject to section 6103 of the Internal Revenue Code of 1986, shall have access to and the right to copy any books, accounts, records, correspondence or other pertinent documents that are in the possession of the Secretary or the Trustee, or any contractor or subcontractor of the Secretary or the Trustee. CHAPTER 8-^JUDICIAL ENFORCEMENT SEC. 11071. JUDICIAL REVIEW. (a) IN GENERAL. —^A civil action may be brought— (1) by a participant or beneficiary to enforce or clarify rights to benefits from the Trust Fund or Federal Supplemental Fund under this subtitle; (2) by the Trustee— (A) to enforce any claim arising (in whole or in part) under this subtitle or the contract; or (B) to recover benefits improperly paid from the Trust Fund or Federal Supplemental Fund or to clarify a participant's or beneficia^s rights to benefits from the Trust Fund or Federal Supplemental Fund; and (3) by the Secretary to enforce any provision of this subtitle or the contract. (b) TREATMENT OF TRUST FUND. — The Trust Fund may sue and be sued as an entity. (c) EXCLUSIVE REMEDY. — This chapter shall be the exclusive means for bringing actions against the Trust Fund, the Trustee or the Secretary under this subtitle. SEC. 11072. JURISDICTION AND VENUE. (a) IN GENERAL. —The United States District Court for the District of Columbia shall have exclusive jurisdiction and venue, regardless of the amount in controversy, of— (1) civil actions brought by participants or beneficiaries pursuant to this subtitle, and (2) any other action otherwise arising (in whole or part) under this subtitle or the contract. (b) REVIEW BY COURT OF APPEALS. —Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia issued pursuant to an action described in subsection (a) that concerns the validity or enforceability of any provision of this subtitle or seeks injunctive relief against the Secretary or Trustee under this subtitle shall be reviewable only pursuant to a notice of appeal to the United States Court of Appeals for the District of Columbia Circuit.

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