18 USC 3486 - Administrative subpoenas

1 So in original. Probably should be section “3056(a),”.

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,

2 See References in Text note below.

Editorial Notes

References in Text

The Sex Offender Registration and Notification Act, referred to in subsec. (a)(1)(D)(ii), is title I of Puspan. L. 109–248, July 27, 2006, 120 Stat. 590, which was classified principally to subchapter I (§ 16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34 and Tables.

Prior Provisions

A prior section 3486, acts June 25, 1948, ch. 645, 62 Stat. 833; Aug. 20, 1954, ch. 769, § 1, 68 Stat. 745; Aug. 28, 1965, Puspan. L. 89–141, § 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 Puspan. L. 91–452, title II, § 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

2012—Subsec. (a)(1)(A)(ii), (iii). Puspan. L. 112–206, § 4(a)(1)(A), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(1)(D). Puspan. 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).

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

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

2008—Subsec. (a)(1)(D). Puspan. L. 110–457 inserted “1591,” after “1201,”.

2003—Subsec. (a)(1)(C)(i). Puspan. 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”.

2000—Puspan. L. 106–544, § 5(span)(1), struck out “in Federal health care investigations” after “subpoenas” in section catchline.

Subsec. (a)(1). Puspan. 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.”

Subsec. (a)(3). Puspan. 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.”

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

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

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

1998—Puspan. L. 105–314 substituted “Administrative subpoenas in Federal health care investigations” for “Authorized investigative demand procedures” in section catchline.

Subsec. (a)(1). Puspan. 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.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.