Pub. L. 108-375, div. C, tit. XXXI, subtit. E, sec. 3163
TECHNICAL AMENDMENTS.
SEC. 3163. TECHNICAL AMENDMENTS.(a) Subpoenas.—Subtitle B of such Act is amended by adding after section 3631 (42 U.S.C. 7384v) the following new section:“SEC. 3632. SUBPOENAS; OATHS; EXAMINATION OF WITNESSES. “The Secretary of Labor, with respect to any matter under this subtitle, may—“(1) issue subpoenas for and compel the attendance of witnesses;“(2) administer oaths;“(3) examine witnesses; and“(4) require the production of books, papers, documents, and other evidence.” .118 STAT. 2187(b) Social Security Earnings Information.—Subtitle C of such Act is amended by adding after section 3651 (42 U.S.C. 7385j) the following new section:“SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION. “Notwithstanding the provision of section 552a of title 5, United States Code, or any other provision of Federal or State law, the Social Security Administration shall make available to the Secretary of Labor, upon written request, the Social Security earnings information of living or deceased employees who may have sustained an illness that is the subject of a claim under this title, which the Secretary of Labor may require to carry out the provisions of this title.” .(c) Recovery of Overpayment.—Subtitle C of such Act is further amended by adding after section 3652 (as added by subsection (b)) the following new section:“SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS.“(a) In General.—When an overpayment has been made to an individual under this title because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this title with respect to the individual’s death.“(b) Waiver.—Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience.“(c) Liability.—A certifying or disbursing official is not liable for an amount certified or paid by him when recovery of the amount is waived under subsection (b) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.” .