I 

114TH CONGRESS 

2D SESSION H. R. 5218 

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 HOUSE OF REPRESENTATIVES 

MAY 12, 2016 

Mr. DESANTIS (for himself, Mr. RATCLIFFE, Mr. GOWDY, Mr. BISHOP of 

Michigan, Mrs. MIMI WALTERS of California, Mr. FRANKS of Arizona, 

Mr. CHAFFETZ, Mr. SMITH of Texas, Mr. CHABOT, Mr. KING of Iowa, 

Mr. PETERS, Mr. FORBES, and Mr. MARINO) introduced the following 

bill; which was 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Targeting Child Preda5 tors Act of 2016’’. 

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1 SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS. 

2 Section 3486(a) of title 18, United States Code, is 

3 amended— 

4 (1) by striking ‘‘the Secretary of the Treasury’’ 

5 each place it appears and inserting ‘‘the Secretary of 

6 Homeland Security’’; 

7 (2) in paragraph (5), by striking ‘‘ordered by a 

8 court’’; and 

9 (3) by striking paragraph (6) and inserting the 

10 following: 

11 ‘‘(6)(A)(i) If a subpoena issued under this sec12 tion is accompanied by a certification under clause 

13 (ii) and notice of the right to judicial review under 

14 subparagraph (C), no recipient of a subpoena under 

15 this section shall disclose to any person that the 

16 Federal official who issued the subpoena has sought 

17 or obtained access to information or records under 

18 this section, for a period of 180 days. 

19 ‘‘(ii) The requirements of clause (i) shall apply 

20 if the Federal official who issued the subpoena cer21 tifies that the absence of a prohibition of disclosure 

22 under this subsection may result in— 

23 ‘‘(I) endangering the life or physical safety 

24 of an individual; 

25 ‘‘(II) flight from prosecution; 

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1 ‘‘(III) destruction of or tampering with evi2 dence; 

3 ‘‘(IV) intimidation of potential witnesses; 

4 or 

5 ‘‘(V) otherwise seriously jeopardizing an 

6 investigation or unduly delaying a trial. 

7 ‘‘(B)(i) A recipient of a subpoena under this 

8 section may disclose information otherwise subject to 

9 any applicable nondisclosure requirement to— 

10 ‘‘(I) those persons to whom disclosure is 

11 necessary in order to comply with the request; 

12 ‘‘(II) an attorney in order to obtain legal 

13 advice or assistance regarding the request; or 

14 ‘‘(III) other persons as permitted by the 

15 Federal official who issued the subpoena. 

16 ‘‘(ii) A person to whom disclosure is made 

17 under clause (i) shall be subject to the nondisclosure 

18 requirements applicable to a person to whom a sub19 poena is issued under this section in the same man20 ner as the person to whom the subpoena was issued. 

21 ‘‘(iii) Any recipient that discloses to a person 

22 described in clause (i) information otherwise subject 

23 to a nondisclosure requirement shall notify the per24 son of the applicable nondisclosure requirement. 

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1 ‘‘(iv) At the request of the Federal official who 

2 issued the subpoena, any person making or intend3 ing to make a disclosure under subclause (I) or (III) 

4 of clause (i) shall identify to the individual making 

5 the request under this clause the person to whom 

6 such disclosure will be made or to whom such disclo7 sure was made prior to the request. 

8 ‘‘(C)(i) A nondisclosure requirement imposed 

9 under subparagraph (A) shall be subject to judicial 

10 review under section 3486A. 

11 ‘‘(ii) A subpoena issued under this section, in 

12 connection with which a nondisclosure requirement 

13 under subparagraph (A) is imposed, shall include 

14 notice of the availability of judicial review described 

15 in clause (i). 

16 ‘‘(D) A nondisclosure requirement imposed 

17 under subparagraph (A) may be extended in accord18 ance with section 3486A(a)(4).’’. 

19 SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIRE20 MENTS. 

21 (a) IN GENERAL.—Chapter 223 of title 18, United 

22 States Code, is amended by inserting after section 3486 

23 the following: 

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1 ‘‘§ 3486A. Judicial review of nondisclosure require2 ments 

3 ‘‘(a) NONDISCLOSURE.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) NOTICE.—If a recipient of a sub6 poena under section 3486 wishes to have a 

7 court review a nondisclosure requirement im8 posed in connection with the subpoena, the re9 cipient may notify the Government or file a pe10 tition for judicial review in any court described 

11 in subsection (a)(5) of section 3486. 

12 ‘‘(B) APPLICATION.—Not later than 30 

13 days after the date of receipt of a notification 

14 under subparagraph (A), the Government shall 

15 apply for an order prohibiting the disclosure of 

16 the existence or contents of the relevant sub17 poena. An application under this subparagraph 

18 may be filed in the district court of the United 

19 States for the judicial district in which the re20 cipient of the subpoena is doing business or in 

21 the district court of the United States for any 

22 judicial district within which the authorized in23 vestigation that is the basis for the subpoena is 

24 being conducted. The applicable nondisclosure 

25 requirement shall remain in effect during the 

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1 pendency of proceedings relating to the require2 ment. 

3 ‘‘(C) CONSIDERATION.—A district court of 

4 the United States that receives a petition under 

5 subparagraph (A) or an application under sub6 paragraph (B) should rule expeditiously, and 

7 shall, subject to paragraph (3), issue a non8 disclosure order that includes conditions appro9 priate to the circumstances. 

10 ‘‘(2) APPLICATION CONTENTS.—An application 

11 for a nondisclosure order or extension thereof or a 

12 response to a petition filed under paragraph (1) 

13 shall include a certification from the Federal official 

14 who issued the subpoena indicating that the absence 

15 of a prohibition of disclosure under this subsection 

16 may result in— 

17 ‘‘(A) endangering the life or physical safety 

18 of an individual; 

19 ‘‘(B) flight from prosecution; 

20 ‘‘(C) destruction of or tampering with evi21 dence; 

22 ‘‘(D) intimidation of potential witnesses; or 

23 ‘‘(E) otherwise seriously jeopardizing an 

24 investigation or unduly delaying a trial. 

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1 ‘‘(3) STANDARD.—A district court of the 

2 United States shall issue a nondisclosure order or 

3 extension thereof under this subsection if the court 

4 determines that there is reason to believe that disclo5 sure of the information subject to the nondisclosure 

6 requirement during the applicable time period may 

7 result in— 

8 ‘‘(A) endangering the life or physical safety 

9 of an individual; 

10 ‘‘(B) flight from prosecution; 

11 ‘‘(C) destruction of or tampering with evi12 dence; 

13 ‘‘(D) intimidation of potential witnesses; or 

14 ‘‘(E) otherwise seriously jeopardizing an 

15 investigation or unduly delaying a trial. 

16 ‘‘(4) EXTENSION.—Upon a showing that the 

17 circumstances described in subparagraphs (A) 

18 through (E) of paragraph (3) continue to exist, a 

19 district court of the United States may issue an ex 

20 parte order extending a nondisclosure order imposed 

21 under this subsection or under section 

22 3486(a)(6)(A) for additional periods of 180 days, or, 

23 if the court determines that the circumstances neces24 sitate a longer period of nondisclosure, for additional 

25 periods which are longer than 180 days. 

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1 ‘‘(b) CLOSED HEARINGS.—In all proceedings under 

2 this section, subject to any right to an open hearing in 

3 a contempt proceeding, the court must close any hearing 

4 to the extent necessary to prevent an unauthorized disclo5 sure of a request for records, a report, or other informa6 tion made to any person or entity under section 3486. Pe7 titions, filings, records, orders, certifications, and sub8 poenas must also be kept under seal to the extent and 

9 as long as necessary to prevent the unauthorized disclo10 sure of a subpoena under section 3486.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 223 of title 18, United States 

13 Code, is amended by inserting after the item relating to 

14 section 3486 the following: 

‘‘3486A. Judicial review of nondisclosure requirements.’’. 

Æ 

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