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hich 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. -SOURCE- (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; Pub. L. 108-21, title V, Sec. 509, Apr. 30, 2003, 117 Stat. 684.) -MISC1- 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 2003 - 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". 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 care offense," in introductory provisions. -TRANS- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1510 of this title. -FOOTNOTE- (!1) So in original. Probably should be section "3056(a),". (!2) So in original. -End- -CITE- 18 USC Sec. 3486A 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- [Sec. 3486A. Repealed. Pub. L. 106-544, Sec. 5(b)(3), Dec. 19, 2000, 114 Stat. 2718] -MISC1- Section, added Pub. L. 105-314, title VI, Sec. 606(a)(2), Oct. 30, 1998, 112 Stat. 2984, related to administrative subpoenas in cases involving child abuse and child sexual exploitation. -End- -CITE- 18 USC Sec. 3487 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3487. Refusal to pay as evidence of embezzlement -STATUTE- The refusal of any person, whether in or out of office, charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the General Accounting Office, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 833.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 180 (Mar. 4, 1909, ch. 321, Sec. 94, 35 Stat. 1106; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24). "General Accounting Office" was substituted for "proper accounting officer of the Treasury". -End- -CITE- 18 USC Sec. 3488 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3488. Intoxicating liquor in Indian country as evidence of unlawful introduction -STATUTE- The possession by a person of intoxicating liquors in Indian country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful introduction. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 834.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 245 of title 25, U.S.C., 1940 ed., Indians (May 18, 1916, ch. 125, Sec. 1, 39 Stat. 124). The only change made was the insertion of the word "Indian" before "country", to substitute specificity for generality. (See definition of "Indian country" in section 1151 of this title.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1161 of this title. -End- -CITE- 18 USC Sec. 3489 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3489. Discovery and inspection - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Inspection of documents and papers taken from defendant, Rule 16. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 834.) -End- -CITE- 18 USC Sec. 3490 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3490. Official record or entry - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Proof of official record or entry as in civil actions, Rule 27. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 834.) -End- -CITE- 18 USC Sec. 3491 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3491. Foreign documents -STATUTE- Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in section 3494 of this title, be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under section 3492 of this title, that such document (or the original thereof in case such document is a copy) satisfies the authentication requirements of the Federal Rules of Evidence, unless in the event that the genuineness of such document is denied, any party to such criminal action or proceeding making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of section 3494 of this title of any such foreign documents which may otherwise be properly authenticated by law. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, Sec. 52, 63 Stat. 96; Pub. L. 88-619, Sec. 2, Oct. 3, 1964, 78 Stat. 995; Pub. L. 94-149, Sec. 3, Dec. 12, 1975, 89 Stat. 806.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on section 695a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, Sec. 2, 49 Stat. 1562.) 1949 ACT This section [section 52] corrects section 3491 of title 18, U.S.C., so that the references therein will be to the correct section numbers in title 28, U.S.C., as revised and enacted in 1948. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- AMENDMENTS 1975 - Pub. L. 94-149 substituted "the authentication requirements of the Federal Rules of Evidence" for "the requirements of section 1732 of Title 28". 1964 - Pub. L. 88-619 struck out "and section 1741 of Title 28" after "section 3494 of this title" in two places. 1949 - Act May 24, 1949, substituted "section 1741" for "section 695e" and "section 1732" for "section 695" wherever appearing. -End- -CITE- 18 USC Sec. 3492 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3492. Commission to consular officers to authenticate foreign documents -STATUTE- (a) The testimony of any witness in a foreign country may be taken either on oral or written interrogatories, or on interrogatories partly oral and partly written, pursuant to a commission issued, as hereinafter provided, for the purpose of determining whether any foreign documents sought to be used in any criminal action or proceeding in any court of the United States are genuine, and whether the authentication requirements of the Federal Rules of Evidence are satisfied with respect to any such document (or the original thereof in case such document is a copy). Application for the issuance of a commission for such purpose may be made to the court in which such action or proceeding is pending by the United States or any other party thereto, after five days' notice in writing by the applicant party, or his attorney, to the opposite party, or his attorney of record, which notice shall state the names and addresses of witnesses whose testimony is to be taken and the time when it is desired to take such testimony. In granting such application the court shall issue a commission for the purpose of taking the testimony sought by the applicant addressed to any consular officer of the United States conveniently located for the purpose. In cases of testimony taken on oral or partly oral interrogatories, the court shall make provisions in the commission for the selection as hereinafter provided of foreign counsel to represent each party (except the United States) to the criminal action or proceeding in which the foreign documents in question are to be used, unless such party has, prior to the issuance of the commission, notified the court that he does not desire the selection of foreign counsel to represent him at the time of taking of such testimony. In cases of testimony taken on written interrogatories, such provision shall be made only upon the request of any such party prior to the issuance of such commission. Selection of foreign counsel shall be made by the party whom such foreign counsel is to represent within ten days prior to the taking of testimony or by the court from which the commission issued, upon the request of such party made within such time. (b) Any consular officer to whom a commission is addressed to take testimony, who is interested in the outcome of the criminal action or proceeding in which the foreign documents in question are to be used or has participated in the prosecution of such action or proceeding, whether by investigations, preparation of evidence, or otherwise, may be disqualified on his own motion or on that of the United States or any other party to such criminal action or proceeding made to the court from which the commission issued at any time prior to the execution thereof. If after notice and hearing, the court grants the motion, it shall instruct the consular officer thus disqualified to send the commission to any other consular officer of the United States named by the court, and such other officer shall execute the commission according to its terms and shall for all purposes be deemed the officer to whom the commission is addressed. (c) The provisions of this section and sections 3493-3496 of this title applicable to consular officers shall be applicable to diplomatic officers pursuant to such regulations as may be prescribed by the President. For purposes of this section and sections 3493 through 3496 of this title, the term "consular officers" includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, Sec. 53, 63 Stat. 96; Pub. L. 94-149, Sec. 4, Dec. 12, 1975, 89 Stat. 806; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2222(c)(2), Oct. 21, 1998, 112 Stat. 2681-818.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT

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