; or (C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section. (3) Construction Nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 ) is less than the scope of the activities prohibited by this section. (f) Enforcement authority (1) In general (A) Investigative authority (i) In general To ensure compliance with the provisions of this section, or any regulation or order issued under this section, the Secretary shall have, subject to clause (iii), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to rail carriers, rail carrier employees, and other individuals affected by a rail carrier. (ii) Obligation to keep and preserve records A rail carrier shall make, keep, and preserve records pertaining to compliance with this section in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (iii) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this paragraph, a rail carrier 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 section or any regulation or order issued pursuant to this section, or is investigating a charge pursuant to subparagraph (C). (iv) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (B) Civil action by employees or individuals (i) Right of action An action to recover the damages or equitable relief prescribed in clause (ii) may be maintained against any rail carrier in