[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3486]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3486. Administrative subpoenas
(a) Authorization.--(1)(A) In any investigation of--
(i)(I) a Federal health care offense; or (II) a Federal offense
involving the sexual exploitation or abuse of children, the Attorney
General; or
(ii) an offense under section 871 or 879, or a threat against a
person protected by the United States Secret Service under paragraph
(5) or (6) of section 3056,\1\ if the Director of the Secret Service
determines that the threat constituting the offense or the threat
against the person protected is imminent, the Secretary of the
Treasury,
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\1\ So in original. Probably should be section ``3056(a),''.
may issue in writing and cause to be served a subpoena requiring the
production and testimony described in subparagraph (B).
(B) Except as provided in subparagraph (C), a subpoena issued under
subparagraph (A) may require--
(i) the production of any records or other things relevant to
the investigation; and
(ii) testimony by the custodian of the things required to be
produced concerning the production and authenticity of those things.
(C) A subpoena issued under subparagraph (A) with respect to a
provider of electronic communication service or remote computing
service, in an investigation of a Federal offense involving the sexual
exploitation or abuse of children shall not extend beyond--
(i) requiring that provider to disclose the name, address, local
and long distance telephone toll billing records, telephone number
or other subscriber number or identity, and length of service of a
subscriber to or customer of such service and the types of services
the subscriber or customer utilized, which may be relevant to an
authorized law enforcement inquiry; or
(ii) requiring a custodian of the records of that provider to
give testimony concerning the production and authentication of such
records or information.
(D) As used in this paragraph, the term ``Federal offense involving
the sexual exploitation or abuse of children'' means an offense under
section 1201, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421,
2422, or 2423, in which the victim is an individual who has not attained
the age of 18 years.
(2) A subpoena under this subsection shall describe the objects
required to be produced and prescribe a return date within a reasonable
period of time within which the objects can be assembled and made
available.
(3) The production of records relating to a Federal health care
offense shall not be required under this section at any place more than
500 miles distant from the place where the subpoena for the production
of such records is served. The production of things in any other case
may be required from any place within the United States or subject to
the laws or jurisdiction of the United States.
(4) Witnesses subpoenaed under this section shall be paid the same
fees and mileage that are paid witnesses in the courts of the United
States.
(5) At any time before the return date specified in the summons, the
person or entity summoned may, in the United States district court for
the district in which that person or entity does business or resides,
petition for an order modifying or setting aside the summons, or a
prohibition of disclosure ordered by a court under paragraph (6).
(6)(A) A United State \2\ district court for the district in which
the summons is or will be served, upon application of the United States,
may issue an ex parte order that no person or entity disclose to any
other person or entity (other than to an attorney in order to obtain
legal advice) the existence of such summons for a period of up to 90
days.
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\2\ So in original.
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(B) Such order may be issued on a showing that the things being
sought may be relevant to the investigation and there is reason to
believe that such disclosure may result in--
(i) endangerment to the life or physical safety of any person;
(ii) flight to avoid prosecution;
(iii) destruction of or tampering with evidence; or
(iv) intimidation of potential witnesses.
(C) An order under this paragraph may be renewed for additional
periods of up to 90 days upon a showing that the circumstances described
in subparagraph (B) continue to exist.
(7) A summons issued under this section shall not require the
production of anything that would be protected from production under the
standards applicable to a subpoena duces tecum issued by a court of the
United States.
(8) If no case or proceeding arises from the production of records
or other things pursuant to this section within a reasonable time after
those records or things are produced, the agency to which those records
or things were delivered shall, upon written demand made by the person
producing those records or things, return them to that person, except
where the production required was only of copies rather than originals.
(9) A subpoena issued under paragraph (1)(A)(i)(II) or (1)(A)(ii)
may require production as soon as possible, but in no event less than 24
hours after service of the subpoena.
(10) As soon as practicable following the issuance of a subpoena
under paragraph (1)(A)(ii), the Secretary of the Treasury shall notify
the Attorney General of its issuance.
(b) Service.--A subpoena issued under this section may be served by
any person who is at least 18 years of age and is designated in the
subpoena to serve it. Service upon a natural person may be made by
personal delivery of the subpoena to him. Service may be made upon a
domestic or foreign corporation or upon a partnership or other
unincorporated association which is subject to suit under a common name,
by delivering the subpoena to an officer, to a managing or general
agent, or to any other agent authorized by appointment or by law to
receive service of process. The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serving it shall
be proof of service.
(c) Enforcement.--In the case of contumacy by or refusal to obey a
subpoena issued to any person, the Attorney General may invoke the aid
of any court of the United States within the jurisdiction of which the
investigation is carried on or of which the subpoenaed person is an
inhabitant, or in which he carries on business or may be found, to
compel compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney General to
produce records, if so ordered, or to give testimony concerning the
production and authentication of such records. Any failure to obey the
order of the court may be punished by the court as a contempt thereof.
All process in any such case may be served in any judicial district in
which such person may be found.
(d) Immunity From Civil Liability.--Notwithstanding any Federal,
State, or local law, any person, including officers, agents, and
employees, receiving a subpoena under this section, who complies in good
faith with the subpoena and thus produces the materials sought, shall
not be liable in any court of any State or the United States to any
customer or other person for such production or for nondisclosure of
that production to the customer.
(e) Limitation on Use.--(1) Health information about an individual
that is disclosed under this section may not be used in, or disclosed to
any person for use in, any administrative, civil, or criminal action or
investigation directed against the individual who is the subject of the
information unless the action or investigation arises out of and is
directly related to receipt of health care or payment for health care or
action involving a fraudulent claim related to health; or if authorized
by an appropriate order of a court of competent jurisdiction, granted
after application showing good cause therefor.
(2) In assessing good cause, the court shall weigh the public
interest and the need for disclosure against the injury to the patient,
to the physician-patient relationship, and to the treatment services.
(3) Upon the granting of such order, the court, in determining the
extent to which any disclosure of all or any part of any record is
necessary, shall impose appropriate safeguards against unauthorized
disclosure.
(Added Pub. L. 104-191, title II, Sec. 248(a), Aug. 21, 1996, 110 Stat.
2018; amended Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 122],
Oct. 21, 1998, 112 Stat. 2681-50, 2681-72; Pub. L. 105-314, title VI,
Sec. 606(a)(1), Oct. 30, 1998, 112 Stat. 2984; Pub. L. 106-544,
Sec. 5(a), (b)(1), (c), Dec. 19, 2000, 114 Stat. 2716, 2718.)
Prior Provisions
A prior section 3486, acts June 25, 1948, ch. 645, 62 Stat. 833;
Aug. 20, 1954, ch. 769, Sec. 1, 68 Stat. 745; Aug. 28, 1965, Pub. L. 89-
141, Sec. 2, 79 Stat. 581, set forth procedure for granting of immunity
to witnesses compelled to testify or produce evidence in course of any
Congressional investigation, or case or proceeding before any grand jury
or court of the United States, involving interference with or
endangering of national security or defense of the United States, prior
to repeal by Pub. L. 91-452, title II, Sec. 228(a), Oct. 15, 1970, 84
Stat. 930, effective on sixtieth day following Oct. 15, 1970. See
section 6001 et seq. of this title.
Amendments
2000--Pub. L. 106-544, Sec. 5(b)(1), struck out ``in Federal health
care investigations'' after ``subpoenas'' in section catchline.
Subsec. (a)(1). Pub. L. 106-544, Sec. 5(a)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``In any
investigation relating to any act or activity involving a Federal health
care offense, or any act or activity involving a Federal offense
relating to the sexual exploitation or other abuse of children, the
Attorney General or the Attorney General's designee may issue in writing
and cause to be served a subpoena--
``(A) requiring the production of any records (including any
books, papers, documents, electronic media, or other objects or
tangible things), which may be relevant to an authorized law
enforcement inquiry, that a person or legal entity may possess or
have care, custody, or control; or
``(B) requiring a custodian of records to give testimony
concerning the production and authentication of such records.''
Subsec. (a)(3). Pub. L. 106-544, Sec. 5(a)(2), inserted ``relating
to a Federal health care offense'' after ``production of records'' and
inserted at end ``The production of things in any other case may be
required from any place within the United States or subject to the laws
or jurisdiction of the United States.''
Subsec. (a)(4). Pub. L. 106-544, Sec. 5(c)(1), substituted
``subpoenaed'' for ``summoned''.
Subsec. (a)(5) to (10). Pub. L. 106-544, Sec. 5(a)(3), added pars.
(5) to (10).
Subsec. (d). Pub. L. 106-544, Sec. 5(c)(2), substituted ``subpoena''
for ``summons'' in two places.
1998--Pub. L. 105-314 substituted ``Administrative subpoenas in
Federal health care investigations'' for ``Authorized investigative
demand procedures'' in section catchline.
Subsec. (a)(1). Pub. L. 105-277 inserted ``or any act or activity
involving a Federal offense relating to the sexual exploitation or other
abuse of children,'' after ``health car
