Bill > S1401

This bill establishes a new certification and judicial review process for administrative subpoenas related to child predator investigations. The legislation amends existing law to allow federal officials to attach a nondisclosure certification to certain administrative subpoenas, which would prohibit recipients from disclosing the existence of the subpoena for 180 days. The certification can be issued if disclosure might endanger individuals, enable flight from prosecution, lead to evidence tampering, intimidate witnesses, or seriously compromise an investigation. Recipients of such subpoenas can only discuss the subpoena with specific individuals, such as attorneys for legal advice or persons necessary to comply with the request, and must notify these individuals of the nondisclosure requirement. The bill also creates a mechanism for judicial review, allowing subpoena recipients to petition a court to review the nondisclosure requirement. District courts can issue nondisclosure orders and potentially extend them beyond the initial 180-day period if the original circumstances continue to exist. All court proceedings related to these subpoenas would be conducted privately to prevent unauthorized disclosure, with all related documents kept under seal. Importantly, the bill transfers the authority to issue these subpoenas from the Secretary of the Treasury to the Secretary of Homeland Security.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/1401/all-info