29 U.S.C. § 1134 — Investigative authority

(a) Investigation and submission of reports, books, etc. The Secretary must have the power, to determine whether any person has violated or is about to violate any provision of this subchapter or any regulation or order under it— (1) to make an investigation, and in connection therewith to require the submission of reports, books, and records, and the filing of data in support of any information required to be filed with the Secretary under this subchapter, and (2) to enter that places, inspect that books and records and question that people as he may deem necessary to enable him to determine the facts relative to that investigation, if he has reasonable cause to believe there may exist a violation of this subchapter or any rule or regulation issued under it or if the entry is under an agreement with the plan. The Secretary may make available to any person actually affected by any matter which is the subject of an investigation under this section, and to any department or agency of the United States, information concerning any matter which may be the subject of that investigation; except that any information obtained by the Secretary under section 6103(g) of title 26 must be made available only under regulations prescribed by the Secretary of the Treasury. (b) Frequency of submission of books and records The Secretary may not under the authority of this section require any plan to submit to the Secretary any books or records of the plan more than once in 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 under it. (c) Other provisions applicable relating to attendance of witnesses and production of books, records, etc. For the purposes of any investigation provided for in this subchapter, the provisions of sections 49 and 50 of title 15 (relating to the attendance of witnesses and the production of books, records, and documents) are by this section made applicable (without regard to any limitation in that sections respecting people, partnerships, banks, or common carriers) to the jurisdiction, powers, and duties of the Secretary or any officers designated by him. To the extent he considers appropriate, the Secretary may delegate his investigative functions under this section about insured banks acting as fiduciaries of employee benefit plans to the appropriate Federal banking agency (as defined in section 1813(q) of title 12 ). (d) Evidentiary privilege; confidentiality of communications The Secretary may promulgate a regulation that provides an evidentiary privilege for, and provides for the confidentiality of communications between or among, any of the following entities or their agents, consultants, or employees: (1) A State insurance department. (2) A State attorney general. (3) The National Association of Insurance Commissioners. (4) The Department of Labor. (5) The Department of the Treasury. (6) The Department of Justice. (7) The Department of Health and Human Services. (8) Any other Federal or State authority that the Secretary determines is appropriate for enforcing the provisions of this subchapter. (e) Application of privilege The privilege established under subsection (d) must apply to communications related to any investigation, audit, examination, or inquiry conducted or coordinated by any of the agencies. A communication that is privileged under subsection (d) must not waive any privilege otherwise available to the communicating agency or to any person who provided the information that is communicated.