This bill changes parts of federal criminal procedure law about administrative subpoenas. It moves certain language in 18 U.S.C. 3486 to refer to the Secretary of Homeland Security instead of the Secretary of the Treasury. The bill allows a federal official to include a certification with some subpoenas saying that telling others about the subpoena could harm safety, allow flight from prosecution, lead to evidence tampering, intimidate witnesses, or otherwise hurt an investigation. When that certification is included, recipients generally must not disclose the subpoena’s existence or contents for 180 days. Recipients may still share the information with people who need it to comply, with lawyers for legal advice, or with others the federal official allows. People who receive the information must be told about the nondisclosure requirement.
The bill also creates a new judicial review process (new 18 U.S.C. 3486A). A subpoena recipient can ask a court to review a nondisclosure requirement. If the recipient asks, the Government must apply to a court within 30 days for a nondisclosure order. The nondisclosure requirement stays in effect while courts decide. A court must consider the request quickly and can issue or extend nondisclosure orders if it finds reason to believe disclosure could cause the harms listed above. Courts may extend orders in 180-day increments or longer if needed. Hearings and related filings can be closed and sealed to avoid unauthorized disclosure.
No publicly available information.
The bill creates a formal certification process for secrecy around certain administrative subpoenas and adds a clear court review path. It lists specific harms (danger to life or safety, flight, evidence tampering, witness intimidation, or jeopardizing an investigation) that can justify temporary nondisclosure and allows courts to extend secrecy when those harms continue.
No publicly available information.