[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require agencies to include a list of outdated or duplicative reporting 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.''.
                                 ______