Title: Report to Congress on the Use of Administrative Subpoena Authorities by Executive Branch Agencies and Entities
Headings: Report to Congress on the  Use of
Administrative Subpoena
Authorities by Executive Branch
Agencies and Entities

Report to Congress on the  Use of
Administrative Subpoena
Authorities by Executive Branch
Agencies and Entities
U.S.  Department of Justice
Office of Legal Policy
Report to  Congress on the Use of Administrative Subpoena
Authorities by Executive Branch Agencies and Entities,
Pursuant to P.L. 106-544, Section 7
Report to  Congress on the Use of Administrative Subpoena
Authorities by Executive Branch Agencies and Entities,
Pursuant to P.L. 106-544, Section 7
Appendix A1:
Appendix A2:
Appendix B:
Appendix C:
Administrative Subpoena Authorities Held by the Department of Treasury

Content: All federal executive branch administrative  subpoenas are enforced by the courts. Statutes granting administrative subpoena authorities, however, generally  fall into three enforcement-type categories: ( 1) statutes authorizing an agency  official to apply directly to an appropriate U.S. district court for  enforcement assistance, (2) statutes requiring an agency official to request  the Attorney General’s aid in applying to a U.S. district court for enforcement  assistance, and (3) statutes containing no identified enforcement mechanism. Agencies are  limited in their exercise of administrative subpoena authority by: ( 1) judicial  review of subpoena orders prior to potential judicial enforcement; ( 2) notice  or nondisclosure requirements imposed in an agency’s organic statutes; ( 3)  privacy-protective constraints or notice requirements internal to the statute  authorizing the subpoena power; ( 4) generally applicable privacy-protective  statutes, prohibiting certain disclosures and requiring notice under certain  circumstances; and (5) agency promulgated guidelines limiting or directing  subpoena issuance. Appendices A,  B, and C of this report contain an individualized description of particular  administrative subpoena authorities held by the various agencies.