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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1401 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1401
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
April 9, 2025
Mr. Kennedy (for himself, 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
2025''.
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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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