18 U.S.C. § 3486 : US Code - Section 3486: Administrative subpoenas

Search 18 U.S.C. § 3486 : US Code - Section 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,
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 information
specified in section 2703(c)(2), 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.
(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.