Page:United States Statutes at Large Volume 124.djvu/1034

 124 STAT. 1008 PUBLIC LAW 111–148—MAR. 23, 2010 (b) INTENT REQUIREMENT FOR HEALTH CARE FRAUD.—Section 1347 of title 18, United States Code, is amended— (1) by inserting ‘‘(a)’’ before ‘‘Whoever knowingly’’; and (2) by adding at the end the following: ‘‘(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.’’. (c) HEALTH CARE FRAUD OFFENSE.—Section 24(a) of title 18, United States Code, is amended— (1) in paragraph (1), by striking the semicolon and inserting ‘‘or section 1128B of the Social Security Act (42 U.S.C. 1320a– 7b); or’’; and (2) in paragraph (2)— (A) by inserting ‘‘1349,’’ after ‘‘1343,’’; and (B) by inserting ‘‘section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131),’’ after ‘‘title,’’. (d) SUBPOENA AUTHORITY RELATING TO HEALTH CARE.— (1) SUBPOENAS UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996.—Section 1510(b) of title 18, United States Code, is amended— (A) in paragraph (1), by striking ‘‘to the grand jury’’; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘grand jury subpoena’’ and inserting ‘‘subpoena for records’’; and (ii) in the matter following subparagraph (B), by striking ‘‘to the grand jury’’. (2) SUBPOENAS UNDER THE CIVIL RIGHTS OF INSTITUTIONAL- IZED PERSONS ACT.—The Civil Rights of Institutionalized Per- sons Act (42 U.S.C. 1997 et seq.) is amended by inserting after section 3 the following: ‘‘SEC. 3A. SUBPOENA AUTHORITY. ‘‘(a) AUTHORITY.—The Attorney General, or at the direction of the Attorney General, any officer or employee of the Department of Justice may require by subpoena access to any institution that is the subject of an investigation under this Act and to any docu- ment, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report relating to any institution that is the subject of an investigation under this Act to determine whether there are conditions which deprive persons residing in or confined to the institution of any rights, privileges, or immunities secured or protected by the Con- stitution or laws of the United States. ‘‘(b) ISSUANCE AND ENFORCEMENT OF SUBPOENAS.— ‘‘(1) ISSUANCE.—Subpoenas issued under this section— ‘‘(A) shall bear the signature of the Attorney General or any officer or employee of the Department of Justice as designated by the Attorney General; and ‘‘(B) shall be served by any person or class of persons designated by the Attorney General or a designated officer or employee for that purpose. ‘‘(2) ENFORCEMENT.—In the case of contumacy or failure to obey a subpoena issued under this section, the United States district court for the judicial district in which the institution 42 USC 1997a–1.