Title I, SEC. 1395. TRUSTEESHIP BY THE SECRETARY OF INSOLVENT CORPORATE 
ALLIANCE HEALTH PLANS. 
      (d) Appointment of Secretary as Trustee for Insolvent Plans.Whenever the 
    Secretary of Labor determines that a corporate alliance health plan which 
    is a self-insured plan will be unable to provide benefits when due or is 
    otherwise in a financially hazardous condition as defined in regulations of 
    the Secretary, the Secretary shall, upon notice to the plan, apply to the 
    appropriate United States district court for appointment of the Secretary 
    as trustee to administer the plan for the duration of the insolvency. The 
    plan may appear as a party and other interested persons may intervene in 
    the proceedings at the discretion of the court. The court shall appoint the 
    Secretary trustee if the court determines that the trusteeship is necessary 
    to protect the interests of the covered individuals or health care 
    providers or to avoid any unreasonable deterioration of the financial 
    condition of the plan or any unreasonable increase in the liability of the 
    Corporate Alliance Insolvency Fund. The trusteeship of the Secretary shall 
    continue until the conditions described in the first sentence of this 
    subsection are remedied or the plan is terminated. 

      (b) Powers as Trustee. The Secretary of Labor, upon appointment as 
    trustee under subsection (a), shall have the power 

        (1) to do any act authorized by the plan, this Act, or other applicable 
      provisions of law to be done by the plan administrator or any trustee of 
      the plan, 

        (2) to require the transfer of all (or any part) of the assets and 
      records of the plan to the Secretary as trustee, 

        (3) to invest any assets of the plan which the Secretary holds in 
      accordance with the provisions of the plan, regulations of the Secretary, 
      and applicable provisions of law, 

        (4) to do such other acts as the Secretary deems necessary to continue 
      operation of the plan without increasing the potential liability of the 
      Corporate Alliance Insolvency Fund, if such acts may be done under the 
      provisions of the plan, 

        (5) to require the corporate alliance, the plan administrator, any 
      contributing employer, and any employee organization representing covered 
      individuals to furnish any information with respect to the plan which the 
      Secretary as trustee may reasonably need in order to administer the plan, 

        (6) to collect for the plan any amounts due the plan and to recover 
      reasonable expenses of the trusteeship, 

        (7) to commence, prosecute, or defend on behalf of the plan any suit or 
      proceeding involving the plan, 

        (8) to issue, publish, or file such notices, statements, and reports as 
      may be required under regulations of the Secretary or by any order of the 
      court, 

        (9) to terminate the plan and liquidate the plan assets in accordance 
      with applicable provisions of this Act and other provisions of law, to 
      restore the plan to the responsibility of the corporate alliance, or to 
      continue the trusteeship, 

        (10) to provide for the enrollment of individuals covered under the 
      plan in an appropriate regional alliance health plan, and 

        (11) to do such other acts as may be necessary to comply with this Act 
      or any order of the court and to protect the interests of enrolled 
      individuals and health care providers. 

      (b) Notice of Appointment. As soon as practicable after the Secretary's 
    appointment as trustee, the Secretary shall give notice of such appointment 
    to 

        (1) the plan administrator, 

        (2) each enrolled individual, 

        (3) each employer who may be liable for contributions to the plan, and 

        (4) each employee organization which, for purposes of collective 
      bargaining, represents enrolled individuals. 

      (d) Additional Duties. Except to the extent inconsistent with the 
    provisions of this Act or part 4 of subtitle B of title I of the Employee 
    Retirement Income Security Act of 1974, or as may be otherwise ordered by 
    the court, the Secretary of Labor, upon appointment as trustee under this 
    subsection, shall be subject to the same duties as those of a trustee under 
    section 704 of title 11, United States Code, and shall have the duties of a 
    fiduciary for purposes of such part 4. 

      (e) Other Proceedings. An application by the Secretary of Labor under 
    this subsection may be filed notwithstanding the pendency in the same or 
    any other court of any bankruptcy, mortgage foreclosure, or equity 
    receivership proceeding, or any proceeding to reorganize, conserve, or 
    liquidate such plan or its property, or any proceeding to enforce a lien 
    against property of the plan. 

      (f) Jurisdiction of Court. 

        (1) In general. Upon the filing of an application for the appointment 
      as trustee or the issuance of a decree under this subsection, the court 
      to which the application is made shall have exclusive jurisdiction of the 
      plan involved and its property wherever located with the powers, to the 
      extent consistent with the purposes of this subsection, of a court of the 
      United States having jurisdiction over cases under chapter 11 of title 
      11, United States Code. Pending an adjudication under paragraph (1) such 
      court shall stay, and upon appointment by it of the Secretary of Labor as 
      trustee, such court shall continue the stay of, any pending mortgage 
      foreclosure, equity receivership, or other proceeding to reorganize, 
      conserve, or liquidate the plan, the sponsoring alliance, or property of 
      such plan or alliance, and any other suit against any receiver, 
      conservator, or trustee of the plan, the sponsoring alliance, or property 
      of the plan or alliance. Pending such adjudication and upon the 
      appointment by it of the Secretary as trustee, the court may stay any 
      proceeding to enforce a lien against property of the plan or the 
      sponsoring alliance or any other suit against the plan or the alliance. 

        (2) Venue. An action under this subsection may be brought in the 
      judicial district where the plan administrator resides or does business 
      or where any asset of the plan is situated. A district court in which 
      such action is brought may issue process with respect to such action in 
      any other judicial district. 

      (g) Personnel. In accordance with regulations of the Secretary of Labor, 
    the Secretary shall appoint, retain, and compensate accountants, actuaries, 
    and other professional service personnel as may be necessary in connection 
    with the Secretary's service as trustee under this subsection.