Title 18Crimes and Criminal ProcedureRelease 119-73not60

§2706 Cost Reimbursement

Title 18 › Part I— CRIMES › Chapter 121— STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS › § 2706

Last updated Apr 5, 2026|Official source

Summary

Government agencies must pay the person or company that finds, gathers, copies, or gives them communications, records, or other information under sections 2702, 2703, or 2704. The payment must cover reasonable costs the provider directly incurred, including costs caused by disrupting normal operations of any electronic or remote computer service where the information is stored. The agency and the provider should agree on the fee. If they cannot agree, the court that issued the order (or the court that would handle a related criminal case if no order was issued) will set the fee. The pay rule does not apply to communications carriers’ telephone toll records and telephone listings obtained under section 2703, unless the court finds the required records are unusually voluminous or otherwise caused an undue burden; then the court may order payment.

Full Legal Text

Title 18, §2706

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.
(b)The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).
(c)The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 2703 of this title. The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (c). Pub. L. 100–690 inserted heading.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 21, 1986, and, in the case of conduct pursuant to a court order or extension, applicable only with respect to court orders or extensions made after such

Effective Date

, see section 202 of Pub. L. 99–508, set out as a note under section 2701 of this title.

Reference

Citations & Metadata

Citation

18 U.S.C. § 2706

Title 18Crimes and Criminal Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60