1326. Conduct of investigation; subpoenas

(a) In carrying out any investigation under this chapter, the Sectary's duly authorized representatives shall, at all reasonable nes, have reasonable access to and the right to interview persons th information relevant to the investigation and shall have reanable access to, for purposes of examination, and the right to by and receive, any documents of any person or employer that → Secretary considers relevant to the investigation.

b) In carrying out any investigation under this chapter, the Secary may require by subpoena the attendance and testimony of nesses and the production of documents relating to any matter der investigation. In case of disobedience of the subpoena or connacy and on request of the Secretary, the Attorney General may ly to any district court of the United States in whose jurisdic1 such disobedience or contumacy occurs for an order enforcing ⚫ subpoena.

c) Upon application, the district courts of the United States shall ve jurisdiction to issue writs commanding any person or emyer to comply with the subpoena of the Secretary or to comply h any order of the Secretary made pursuant to a lawful invesation under this chapter and the district courts shall have jurision to punish failure to obey a subpoena or other lawful order he Secretary as a contempt of court.

1) Subsections (b) and (c) shall not apply to the legislative nch or the judicial branch of the United States.

ded P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended .104-275, §311(13), Oct. 9, 1996, 110 Stat. 3336.)

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

31. Regulations

1) The Secretary (in consultation with the Secretary of Defense) 7 prescribe regulations implementing the provisions of this pter with regard to the application of this chapter to States, l governments, and private employers.

(1) The Director of the Office of Personnel Management (in sultation with the Secretary and the Secretary of Defense) may ¿cribe regulations implementing the provisions of this chapter 1 regard to the application of this chapter to Federal executive ncies (other than the agencies referred to in paragraph (2)) as loyers. Such regulations shall be consistent with the regulas pertaining to the States as employers and private employers, pt that employees of the Federal Government may be given ter or additional rights.

) The following entities may prescribe regulations to carry out activities of such entities under this chapter:

(A) The Merit Systems Protection Board.

(B) The Office of Special Counsel.

(C) The agencies referred to in section 2303(a)(2)(C)(ii) of title 5.

ded P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168.)

§ 4332. Reports

The Secretary shall, after consultation with the Attorney General and the Special Counsel referred to in section 4324(a)(1) and no later than February 1, 1996, and annually thereafter through 2000, transmit to the Congress, a report containing the following matters for the fiscal year ending before such February 1:

(1) The number of cases reviewed by the Department of Labor under this chapter during the fiscal year for which the report is made.

(2) The number of cases referred to the Attorney General or the Special Counsel pursuant to section 4323 or 4324, respectively, during such fiscal year.

(3) The number of complaints filed by the Attorney General pursuant to section 4323 during such fiscal year.

(4) The nature and status of each case reported on pursuant to paragraph (1), (2), or (3).

(5) An indication of whether there are any apparent patterns of violation of the provisions of this chapter, together with an explanation thereof.

(6) Recommendations for administrative or legislative action that the Secretary, the Attorney General, or the Special Counsel considers necessary for the effective implementation of this chapter, including any action that could be taken to encourage mediation, before claims are filed under this chapter, between employers and persons seeking employment or reemployment (Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168.)

§ 4333. Outreach

The Secretary, the Secretary of Defense, and the Secretary of Veterans Affairs shall take such actions as such Secretaries deter mine are appropriate to inform persons entitled to rights and bene fits under this chapter and employers of the rights, benefits, and obligations of such persons and such employers under this chapter (Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3169.)

CHAPTER 51-CLAIMS, EFFECTIVE DATES, AND

PAYMENTS

SUBCHAPTER I-CLAIMS

1.

2.

3.

4.

5.

6.

7.

8.

9.

0.

1.

Claims and forms.

Application forms furnished upon request.

Incomplete applications.

Decisions and notices of decisions.

Joint applications for social security and dependency and indemnity com

pensation.

Furnishing of information by other agencies.

Burden of proof; benefit of the doubt.

Reopening disallowed claims.

Independent medical opinions.

SUBCHAPTER II-EFFECTIVE DATES

Effective dates of awards.

Commencement of period of payment.

2. Effective dates of reductions and discontinuances. 3. Effective dates of educational benefits.

SUBCHAPTER III-PAYMENT OF BENEFITS

Payment of certain accrued benefits upon death of beneficiary.
Cancellation of checks mailed to deceased payees.

3. Rounding down of pension rates.

$4.

15.

Acceptance of claimant's statement as proof of relationship.
Acceptance of reports of private physician examinations.

SUBCHAPTER I-CLAIMS

101. Claims and forms

a) A specific claim in the form prescribed by the Secretary (or ntly with the Secretary of Health and Human Services, as preibed by section 5105 of this title) must be filed in order for benes to be paid or furnished to any individual under the laws adminered by the Secretary.

(b)(1) A claim by a surviving spouse or child for compensation or pendency and indemnity compensation shall also be considered be a claim for death pension and accrued benefits, and a claim a surviving spouse or child for death pension shall be considered be a claim for death compensation (or dependency and indemnity mpensation) and accrued benefits.

(2) A claim by a parent for compensation or dependency and inmnity compensation shall also be considered to be a claim for acued benefits.

(c)(1) Any person who applies for or is in receipt of any comnsation or pension benefit under laws administered by the Sectary shall, if requested by the Secretary, furnish the Secretary ith the social security number of such person and the social secuty number of any dependent or beneficiary on whose behalf, or ised upon whom, such person applies for or is in receipt of such