This bill amends title 18, United States Code, to create a structured process for imposing and reviewing nondisclosure requirements associated with specific administrative subpoenas. It shifts authority for certain provisions to the Secretary of Homeland Security , enabling federal officials to issue subpoenas with a temporary nondisclosure mandate to protect ongoing investigations. Under the new provisions, a federal official can certify a 180-day nondisclosure requirement if they determine that publicizing the subpoena would endanger an individual's life or safety, facilitate flight from prosecution, lead to the destruction of evidence, intimidate witnesses, or otherwise seriously jeopardize an investigation. Recipients of such subpoenas are permitted to disclose information to necessary persons for compliance, to an attorney for legal advice, or to other authorized individuals, provided those persons are also bound by the same nondisclosure obligations. Crucially, the bill establishes a new section for judicial review of these nondisclosure requirements . A subpoena recipient can notify the government or file a petition with a district court to challenge the nondisclosure order. The government must then apply for a nondisclosure order within 30 days, and the existing nondisclosure requirement remains in effect during this review period. A court will issue or extend a nondisclosure order if it finds "reason to believe" that disclosure would result in the specified harms, such as endangering individuals or compromising an investigation. These orders can be extended for additional 180-day periods, or longer if deemed necessary by the court, through ex parte proceedings, and all judicial proceedings and related documents are mandated to be kept under seal to prevent unauthorized disclosure.
This bill amends title 18, United States Code, to create a structured process for imposing and reviewing nondisclosure requirements associated with specific administrative subpoenas. It shifts authority for certain provisions to the Secretary of Homeland Security , enabling federal officials to issue subpoenas with a temporary nondisclosure mandate to protect ongoing investigations. Under the new provisions, a federal official can certify a 180-day nondisclosure requirement if they determine that publicizing the subpoena would endanger an individual's life or safety, facilitate flight from prosecution, lead to the destruction of evidence, intimidate witnesses, or otherwise seriously jeopardize an investigation. Recipients of such subpoenas are permitted to disclose information to necessary persons for compliance, to an attorney for legal advice, or to other authorized individuals, provided those persons are also bound by the same nondisclosure obligations. Crucially, the bill establishes a new section for judicial review of these nondisclosure requirements . A subpoena recipient can notify the government or file a petition with a district court to challenge the nondisclosure order. The government must then apply for a nondisclosure order within 30 days, and the existing nondisclosure requirement remains in effect during this review period. A court will issue or extend a nondisclosure order if it finds "reason to believe" that disclosure would result in the specified harms, such as endangering individuals or compromising an investigation. These orders can be extended for additional 180-day periods, or longer if deemed necessary by the court, through ex parte proceedings, and all judicial proceedings and related documents are mandated to be kept under seal to prevent unauthorized disclosure.