,,ii #aafth ,,congress #b;d ,session ,s4 #cigc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ag1 #bjbj,mr4 ,kennedy 7for himself1 ,mr4 ,cotton1 and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to provide a certification process for the issuance of nondisclosure requirements accompanying certain administrative subpoenas1 to provide for judicial review of such nondisclosure requirements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,targeting ,child ,predators ,act of #bjbj4 #b4 ,nondisclosure of administrative subpoenas ,section #cdhf7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking the ,secretary of the ,treasury each place it appears and inserting the ,secretary of ,homeland ,security2 7#b7 in paragraph 7#e71 by striking ordered by a court2 and 7#c7 in paragraph 7#f7-- 7,a7 in subparagraph 7,a71 by striking ,a ,united ,states and inserting ,except as provided in subparagraph 7,d71 a ,united ,states2 and 7,b7 by adding at the end the following3 7,d7 7i7 7,i7 ,if a subpoena issued under this section as described in paragraph 7#a77;,a77i77,,ii7 is accompanied by a certification under subclause 7,,ii7 and notice of the right to judicial review under clause 7iii71 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 section1 for a period of #ahj days4 7,,ii7 ,the requirements of subclause 7,i7 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-- 7aa7 endangering the life or physical safety of an individual2 7bb7 flight from prosecution2 7cc7 destruction of or tampering with evidence2 7dd7 intimidation of potential witnesses2 or 7ee7 otherwise seriously jeopardizing an investigation4 7ii7 7,i7 ,a recipient of a subpoena under this section as described in paragraph 7#a77;,a77i77,,ii7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7aa7 those persons to whom disclosure is necessary in order to comply with the request2 7bb7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7cc7 other persons as permitted by the ,federal official who issued the subpoena4 7,,ii7 ,a person to whom disclosure is made under subclause 7,i7 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 issued4 7,,iii7 ,any recipient that discloses to a person described in subclause 7,i7 information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 7,,iv7 ,at the request of the ,federal official who issued the subpoena1 any person making or intending to make a disclosure under item 7aa7 or 7cc7 of subclause 7,i7 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 request4 7iii7 7,i7 ,a nondisclosure requirement imposed under clause 7i7 shall be subject to judicial review under section #cdhf;,a4 7,,ii7 ,a subpoena issued under this section as described in paragraph 7#a77;,a77i77,,ii71 in connection with which a nondisclosure requirement under clause 7i7 is imposed1 shall include notice of the availability of judicial review described in subclause 7,i74 7iv7 ,a nondisclosure requirement imposed under clause 7i7 may be extended in accordance with section #cdhf;,a7a77#d74 4 #c4 ,judicial review of nondisclosure requirements 7a7 ,in general ,chapter #bbc of title #ah1 ,united ,states ,code1 is amended by inserting after section #cdhf the following3 #cdhf;,a4 ,judicial review of nondisclosure requirements 7a7 ,nondisclosure 7#a7 ,in general 7,a7 ,notice ,if a recipient of a subpoena under section #cdhf as described in subsection 7a77#a77;,a77i77,,ii7 of section #cdhf wishes to have a court review a nondisclosure requirement imposed in connection with the subpoena1 the recipient may notify the ,government or file a petition for judicial review in any court described in subsection 7a77#e7 of section #cdhf4 7,b7 ,application ,not later than #cj days after the date of receipt of a notification under subparagraph 7,a71 the ,government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant subpoena4 ,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 conducted4 ,the applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement4 7,c7 ,consideration ,a district court of the ,united ,states that receives a petition under subparagraph 7,a7 or an application under subparagraph 7,b7 should rule expeditiously1 and shall1 subject to paragraph 7#c71 issue a nondisclosure order that includes conditions appropriate to the circumstances4 7#b7 ,application contents ,an application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph 7#a7 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-- 7,a7 endangering the life or physical safety of an individual2 7,b7 flight from prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 or 7,e7 otherwise seriously jeopardizing an investigation4 7#c7 ,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-- 7,a7 endangering the life or physical safety of an individual2 7,b7 flight from prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 or 7,e7 otherwise seriously jeopardizing an investigation4 7#d7 ,extension ,upon a showing that the circumstances described in subparagraphs 7,a7 through 7,e7 of paragraph 7#c7 continue to exist1 a district court of the ,united ,states may issue an ex parte order extending a nondisclosure order imposed under this subsection or under section #cdhf7;a77#f77;,d7 for additional periods of #ahj days1 or1 if the court determines that the circumstances necessitate a longer period of nondisclosure1 for additional periods which are longer than #ahj days4 7b7 ,closed hearings ,in all proceedings under this section1 subject to any right to an open hearing in a contempt proceeding1 the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records1 a report1 or other information made to any person or entity under section #cdhf4 ,petitions1 filings1 records1 orders1 certifications1 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 #cdhf4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #bbc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cdhf the following3 #cdhf;,a4 ,judicial review of nondisclosure requirements4 4