[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5388-S5389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3077. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2073, to amend title 31, United States Code, to
require agencies to include a list of outdated or duplicative reporting
requirements in annual budget justifications, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___ TARGETING CHILD PREDATORS.
(a) 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.
[[Page S5389]]
``(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).''.
(b) Judicial Review of Nondisclosure Requirements.--
(1) 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.''.
(2) 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.''.
______