§ 3486. Administrative subpoenas

Footnotes

1. 1 So in original. Probably should be section “3056(a),”.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Pub. L. 104–191 title II § 248(a) · 110 Stat. 1936

   Enacted · 18 U.S.C. § 3486

   Added Pub. L. 104–191, title II, § 248(a), Aug. 21, 1996, 110 Stat. 2018

   Source evidence

   Code source credit
   Added Pub. L. 104–191, title II, § 248(a), Aug. 21, 1996, 110 Stat. 2018

   Enacted provision · exact public law section
   (a) In General.— Chapter 223 of title 18, United States Code, is amended by adding after section 3485 the following: “§ 3486. Authorized investigative demand procedures “(a) Authorization.— (1) In any investigation relating to any act or activity involving a Federal health care offense, 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. “(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 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. “(4) Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. “(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 ho 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 summons under this section, who complies in good faith with the summons 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.”.

2. 1998

   Pub. L. 105–277 div. A § 101(b)(tI)(s122) · 112 Stat. 2681

   Inserted · 18 U.S.C. § 3486(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 care offense,” in introductory provisions

   Source evidence

   Code amendment note
   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 care offense,” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

3. 1998

   Protection of Children From Sexual Predators Act of 1998

   Pub. L. 105–314 title VI § 606(a)(1) · 112 Stat. 2974

   Substituted · 18 U.S.C. § 3486

   Pub. L. 105–314 substituted “Administrative subpoenas in Federal health care investigations” for “Authorized investigative demand procedures” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–314 substituted “Administrative subpoenas in Federal health care investigations” for “Authorized investigative demand procedures” in section catchline.

   Enacted provision · exact public law section
   (1) in section 3486, by striking the section designation and heading and inserting the following: “§ 3486. Administrative subpoenas in Federal health care investigations”; and

4. 2000

   Pub. L. 106–544 § 5(b)(1) · 114 Stat. 2715

   Struck · 18 U.S.C. § 3486

   Pub. L. 106–544, § 5(b)(1), struck out “in Federal health care investigations” after “subpoenas” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 106–544, § 5(b)(1), struck out “in Federal health care investigations” after “subpoenas” in section catchline.

   Enacted provision · exact public law section
   (1) Section heading.— The heading for section 3486 of title 18, United States Code, is amended by striking: “in Federal health care investigations”.

5. 2000

   Pub. L. 106–544 § 5(a)(1) · 114 Stat. 2715

   Amended · 18 U.S.C. § 3486(a)(1)

   Pub. L. 106–544, § 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—

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–544, § 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.”

   Enacted provision · exact public law section
   (1) so that paragraph (1) reads as follows: “(1) 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, 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, 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 hilling 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.”;

6. 2000

   Pub. L. 106–544 § 5(a)(2) · 114 Stat. 2715

   1. Inserted · 18 U.S.C. § 3486(a)(3)

      Pub. L. 106–544, § 5(a)(2), inserted “relating to a Federal health care offense” after “production of records”

   2. Inserted · 18 U.S.C. § 3486(a)(3)

      Pub. L. 106–544, § 5(a)(2), 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 106–544, § 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.”

   Enacted provision · exact public law section
   (2) in paragraph (3)— (A) by inserting “relating to a Federal health care offense” after “production of records”; and (B) by adding at the end the following: “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.”; and

7. 2000

   Pub. L. 106–544 § 5(c)(1) · 114 Stat. 2715

   Substituted · 18 U.S.C. § 3486(a)(4)

   Pub. L. 106–544, § 5(c)(1), substituted “subpoenaed” for “summoned”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 106–544, § 5(c)(1), substituted “subpoenaed” for “summoned”.

   Enacted provision · exact public law section
   (1) in subsection (a)(4), by striking “summoned” and inserting “subpoenaed”; and

8. 2000

   Pub. L. 106–544 § 5(a)(3) · 114 Stat. 2715

   Added · 18 U.S.C. § 3486(a)(5)(10)

   Pub. L. 106–544, § 5(a)(3), added pars. (5) to (10)

   Source evidence

   Code amendment note
   Subsec. (a)(5) to (10). Pub. L. 106–544, § 5(a)(3), added pars. (5) to (10).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(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 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. “(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”.

9. 2000

   Pub. L. 106–544 § 5(c)(2) · 114 Stat. 2715

   Substituted · 18 U.S.C. § 3486(d)

   Pub. L. 106–544, § 5(c)(2), substituted “subpoena” for “summons” in two places

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–544, § 5(c)(2), substituted “subpoena” for “summons” in two places.

   Enacted provision · exact public law section
   (2) in subsection (d), by striking “summons” each place it appears and inserting “subpoena”.

10. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 title V § 509 · 117 Stat. 650

    Substituted · 18 U.S.C. § 3486(a)(1)(C)(i)

    Pub. L. 108–21 substituted “the information specified in section 2703(c)(2)” for “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”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C)(i). Pub. L. 108–21 substituted “the information specified in section 2703(c)(2)” for “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”.

    Enacted provision · exact public law section
    SEC. 509. INVESTIGATIVE AUTHORITY RELATING TO CHILD PORNOGRAPHY.   Section 3486(a)(1)(C)(i) of title 18, United States Code, is amended by striking “the name, address” and all that follows through “subscriber or customer utilized” and inserting “the information specified in section 2703(c)(2)”.

11. 2008

    William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    Pub. L. 110–457 title II § 224(b) · 122 Stat. 5044

    Inserted · 18 U.S.C. § 3486(a)(1)(D)

    Pub. L. 110–457 inserted “1591,” after “1201,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 110–457 inserted “1591,” after “1201,”.

    Enacted provision · exact public law section
    (b) Subpoenas.— Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting “1591,” after “1201,”.

12. 2012

    Child Protection Act of 2012

    Pub. L. 112–206 § 4(a)(1)(A) · 126 Stat. 1490

    1. Added · 18 U.S.C. § 3486(a)(1)(A)(ii); 18 U.S.C. § 3486(a)(1)(A)(iii)

       Pub. L. 112–206, § 4(a)(1)(A), added cl. (ii)

    2. Redesignated · 18 U.S.C. § 3486(a)(1)(A)(ii); 18 U.S.C. § 3486(a)(1)(A)(iii)

       Pub. L. 112–206, § 4(a)(1)(A), redesignated former cl. (ii) as (iii)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(ii), (iii). Pub. L. 112–206, § 4(a)(1)(A), added cl. (ii) and redesignated former cl. (ii) as (iii).

    Enacted provision · exact public law section
    (A) in subparagraph (A)— (i) in clause (i), by striking “or” at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: “(ii) an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or” ; and

13. 2012

    Child Protection Act of 2012

    Pub. L. 112–206 § 4(a)(1)(B) · 126 Stat. 1490

    1. Substituted · 18 U.S.C. § 3486(a)(1)(D)

       Pub. L. 112–206, § 4(a)(1)(B), substituted “paragraph—” for “paragraph,”

    2. Inserted · 18 U.S.C. § 3486(a)(1)(D)

       Pub. L. 112–206, § 4(a)(1)(B), inserted cl. (i) designation before “the term”

    3. Substituted · 18 U.S.C. § 3486(a)(1)(D)

       Pub. L. 112–206, § 4(a)(1)(B), substituted “years; and” for “years.”

    4. Added · 18 U.S.C. § 3486(a)(1)(D)

       Pub. L. 112–206, § 4(a)(1)(B), added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 112–206, § 4(a)(1)(B), substituted “paragraph—” for “paragraph,”, inserted cl. (i) designation before “the term”, substituted “years; and” for “years.”, and added cl. (ii).

    Enacted provision · exact public law section
    (B) in subparagraph (D)— (i) by striking “paragraph, the term” and inserting the following: “paragraph— “(i) the term” ; (ii) by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(ii) the term ‘sex offender’ means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).” .

14. 2012

    Child Protection Act of 2012

    Pub. L. 112–206 § 4(a)(2)(A) · 126 Stat. 1490

    Substituted · 18 U.S.C. § 3486(a)(6)(A)

    Pub. L. 112–206, § 4(a)(2)(A), substituted “United States” for “United State”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A). Pub. L. 112–206, § 4(a)(2)(A), substituted “United States” for “United State”.

    Enacted provision · exact public law section
    (A) in paragraph (6)(A), by striking “United State” and inserting “United States”;

15. 2012

    Child Protection Act of 2012

    Pub. L. 112–206 § 4(a)(2)(B) · 126 Stat. 1490

    Substituted · 18 U.S.C. § 3486(a)(9); 18 U.S.C. § 3486(a)(10)

    Pub. L. 112–206, § 4(a)(2)(B), (C), substituted “(1)(A)(iii)” for “(1)(A)(ii)”

    Source evidence

    Code amendment note
    Subsec. (a)(9), (10). Pub. L. 112–206, § 4(a)(2)(B), (C), substituted “(1)(A)(iii)” for “(1)(A)(ii)”.

    Enacted provision · exact public law section
    (B) in paragraph (9), by striking “(1)(A)(ii)” and inserting “(1)(A)(iii)”; and

20 of 20 references resolved to an enrolled provision