[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1406 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1406

   To amend title 18, United States Code, to provide a certification 
  process for the issuance of nondisclosure requirements accompanying 
  certain administrative subpoenas, to provide for judicial review of 
        such nondisclosure requirements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2023

 Mr. Kennedy (for himself, Mr. Cotton, Mr. Cruz, Mr. Ricketts, and Mr. 
    Cornyn) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to provide a certification 
  process for the issuance of nondisclosure requirements accompanying 
  certain administrative subpoenas, to provide for judicial review of 
        such nondisclosure requirements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Targeting Child Predators Act of 
2023''.

SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS.

    Section 3486(a) of title 18, United States Code, is amended--
            (1) by striking ``the Secretary of the Treasury'' each 
        place it appears and inserting ``the Secretary of Homeland 
        Security'';
            (2) in paragraph (5), by striking ``ordered by a court''; 
        and
            (3) in paragraph (6)--
                    (A) in subparagraph (A), by striking ``A United 
                States'' and inserting ``Except as provided in 
                subparagraph (D), a United States''; and
                    (B) by adding at the end the following:
    ``(D)(i)(I) If a subpoena issued under this section as described in 
paragraph (1)(A)(i)(II) is accompanied by a certification under 
subclause (II) of this clause and notice of the right to judicial 
review under clause (iii) of this subparagraph, no recipient of such a 
subpoena shall disclose to any person that the Federal official who 
issued the subpoena has sought or obtained access to information or 
records under this section, for a period of 180 days.
    ``(II) The requirements of subclause (I) shall apply if the Federal 
official who issued the subpoena certifies that the absence of a 
prohibition of disclosure under this subsection may result in--
            ``(aa) endangering the life or physical safety of an 
        individual;
            ``(bb) flight from prosecution;
            ``(cc) destruction of or tampering with evidence;
            ``(dd) intimidation of potential witnesses; or
            ``(ee) otherwise seriously jeopardizing an investigation.
    ``(ii)(I) A recipient of a subpoena under this section as described 
in paragraph (1)(A)(i)(II) may disclose information otherwise subject 
to any applicable nondisclosure requirement to--
            ``(aa) those persons to whom disclosure is necessary in 
        order to comply with the request;
            ``(bb) an attorney in order to obtain legal advice or 
        assistance regarding the request; or
            ``(cc) other persons as permitted by the Federal official 
        who issued the subpoena.
    ``(II) A person to whom disclosure is made under subclause (I) 
shall be subject to the nondisclosure requirements applicable to a 
person to whom a subpoena is issued under this section in the same 
manner as the person to whom the subpoena was issued.
    ``(III) Any recipient that discloses to a person described in 
subclause (I) information otherwise subject to a nondisclosure 
requirement shall notify the person of the applicable nondisclosure 
requirement.
    ``(IV) At the request of the Federal official who issued the 
subpoena, any person making or intending to make a disclosure under 
item (aa) or (cc) of subclause (I) shall identify to the individual 
making the request under this clause the person to whom such disclosure 
will be made or to whom such disclosure was made prior to the request.
    ``(iii)(I) A nondisclosure requirement imposed under clause (i) 
shall be subject to judicial review under section 3486A.
    ``(II) A subpoena issued under this section as described in 
paragraph (1)(A)(i)(II), in connection with which a nondisclosure 
requirement under clause (i) is imposed, shall include notice of the 
availability of judicial review described in subclause (I).
    ``(iv) A nondisclosure requirement imposed under clause (i) may be 
extended in accordance with section 3486A(a)(4).''.

SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by inserting after section 3486 the following:
``Sec. 3486A. Judicial review of nondisclosure requirements
    ``(a) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a subpoena under 
                section 3486 as described in subsection 
                (a)(1)(A)(i)(II) of section 3486 wishes to have a court 
                review a nondisclosure requirement imposed in 
                connection with the subpoena, the recipient may notify 
                the Government or file a petition for judicial review 
                in any court described in subsection (a)(5) of section 
                3486.
                    ``(B) Application.--Not later than 30 days after 
                the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of the existence or 
                contents of the relevant subpoena. An application under 
                this subparagraph may be filed in the district court of 
                the United States for the judicial district in which 
                the recipient of the subpoena is doing business or in 
                the district court of the United States for any 
                judicial district within which the authorized 
                investigation that is the basis for the subpoena is 
                being conducted. The applicable nondisclosure 
                requirement shall remain in effect during the pendency 
                of proceedings relating to the requirement.
                    ``(C) Consideration.--A district court of the 
                United States that receives a petition under 
                subparagraph (A) or an application under subparagraph 
                (B) should rule expeditiously, and shall, subject to 
                paragraph (3), issue a nondisclosure order that 
                includes conditions appropriate to the circumstances.
            ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof or a response to a 
        petition filed under paragraph (1) shall include a 
        certification from the Federal official who issued the subpoena 
        indicating that the absence of a prohibition of disclosure 
        under this subsection may result in--
                    ``(A) endangering the life or physical safety of an 
                individual;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) otherwise seriously jeopardizing an 
                investigation.
            ``(3) Standard.--A district court of the United States 
        shall issue a nondisclosure order or extension thereof under 
        this subsection if the court determines that there is reason to 
        believe that disclosure of the information subject to the 
        nondisclosure requirement during the applicable time period may 
        result in--
                    ``(A) endangering the life or physical safety of an 
                individual;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) otherwise seriously jeopardizing an 
                investigation.
            ``(4) Extension.--Upon a showing that the circumstances 
        described in subparagraphs (A) through (E) of paragraph (3) 
        continue to exist, a district court of the United States may 
        issue an ex parte order extending a nondisclosure order imposed 
        under this subsection or under section 3486(a)(6)(D) for 
        additional periods of 180 days, or, if the court determines 
        that the circumstances necessitate a longer period of 
        nondisclosure, for additional periods which are longer than 180 
        days.
    ``(b) Closed Hearings.--In all proceedings under this section, 
subject to any right to an open hearing in a contempt proceeding, the 
court must close any hearing to the extent necessary to prevent an 
unauthorized disclosure of a request for records, a report, or other 
information made to any person or entity under section 3486. Petitions, 
filings, records, orders, certifications, and subpoenas must also be 
kept under seal to the extent and as long as necessary to prevent the 
unauthorized disclosure of a subpoena under section 3486.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by inserting 
after the item relating to section 3486 the following:

``3486A. Judicial review of nondisclosure requirements.''.
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