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29 USC § 2616 - Investigative authority 

---
identifier: "/us/usc/t29/s2616"
source: "usc"
legal_status: "official_prima_facie"
title: "29 USC § 2616 - Investigative authority"
title_number: 29
title_name: "LABOR"
section_number: "2616"
section_name: "Investigative authority"
chapter_number: 28
chapter_name: "FAMILY AND MEDICAL LEAVE"
subchapter_number: "I"
subchapter_name: "GENERAL REQUIREMENTS FOR LEAVE"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 103–3, title I, § 106, Feb. 5, 1993, 107 Stat. 15.)"
---

# § 2616. Investigative authority

**(a)** **In general** section 211(a) of this title

To ensure compliance with the provisions of this subchapter, or any regulation or order issued under this subchapter, the Secretary shall have, subject to subsection (c), the investigative authority provided under .

**(b)** **Obligation to keep and preserve records** section 211(c) of this title

Any employer shall make, keep, and preserve records pertaining to compliance with this subchapter in accordance with  and in accordance with regulations issued by the Secretary.

**(c)** **Required submissions generally limited to annual basis** section 2617(b) of this title

The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this subchapter or any regulation or order issued pursuant to this subchapter, or is investigating a charge pursuant to .

**(d)** **Subpoena powers** section 209 of this title

For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under .

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**Source Credit**: (Pub. L. 103–3, title I, § 106, Feb. 5, 1993, 107 Stat. 15.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 6 months after , except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after , see , set out as a note under .