IB 

Union Calendar No. 90 

115TH CONGRESS 

1ST SESSION H. R. 883 

[Report No. 115–141] 

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 

FEBRUARY 6, 2017 

Mr. DESANTIS introduced the following bill; which was referred to the 

Committee on the Judiciary 

MAY 22, 2017 

Additional sponsors: Mr. RATCLIFFE, Mr. MARINO, Mr. FRANKS of Arizona, 

Mr. SMITH of Texas, Mr. SENSENBRENNER, Mr. MESSER, Ms. TENNEY, 

and Mr. YOUNG of Iowa 

MAY 22, 2017 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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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. 

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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 2017’’. 

6 SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS. 

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

8 amended— 

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

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

11 Homeland Security’’; 

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

13 court’’; and 

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

15 following: 

16 ‘‘(6)(A)(i) If a subpoena issued under this sec17 tion is accompanied by a certification under clause 

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

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

20 this section shall disclose to any person that the 

21 Federal official who issued the subpoena has sought 

22 or obtained access to information or records under 

23 this section, for a period of 180 days. 

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

25 if the Federal official who issued the subpoena cerVerDate Sep 11 2014 00:30 May 23, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H883.RH H883
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1 tifies that the absence of a prohibition of disclosure 

2 under this subsection may result in— 

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

4 of an individual; 

5 ‘‘(II) flight from prosecution; 

6 ‘‘(III) destruction of or tampering with evi7 dence; 

8 ‘‘(IV) intimidation of potential witnesses; 

9 or 

10 ‘‘(V) otherwise seriously jeopardizing an 

11 investigation or unduly delaying a trial. 

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

13 section may disclose information otherwise subject to 

14 any applicable nondisclosure requirement to— 

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

16 necessary in order to comply with the request; 

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

18 advice or assistance regarding the request; or 

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

20 Federal official who issued the subpoena. 

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

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

23 requirements applicable to a person to whom a sub24 poena is issued under this section in the same man25 ner as the person to whom the subpoena was issued. 

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

2 described in clause (i) information otherwise subject 

3 to a nondisclosure requirement shall notify the per4 son of the applicable nondisclosure requirement. 

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

6 issued the subpoena, any person making or intend7 ing to make a disclosure under subclause (I) or (III) 

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

9 the request under this clause the person to whom 

10 such disclosure will be made or to whom such disclo11 sure was made prior to the request. 

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

13 under subparagraph (A) shall be subject to judicial 

14 review under section 3486A. 

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

16 connection with which a nondisclosure requirement 

17 under subparagraph (A) is imposed, shall include 

18 notice of the availability of judicial review described 

19 in clause (i). 

20 ‘‘(D) A nondisclosure requirement imposed 

21 under subparagraph (A) may be extended in accord22 ance with section 3486A(a)(4).’’. 

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1 SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIRE2 MENTS. 

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

4 States Code, is amended by inserting after section 3486 

5 the following: 

6 ‘‘§ 3486A. Judicial review of nondisclosure require7 ments 

8 ‘‘(a) NONDISCLOSURE.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) NOTICE.—If a recipient of a sub11 poena under section 3486 wishes to have a 

12 court review a nondisclosure requirement im13 posed in connection with the subpoena, the re14 cipient may notify the Government or file a pe15 tition for judicial review in any court described 

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

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

18 days after the date of receipt of a notification 

19 under subparagraph (A), the Government shall 

20 apply for an order prohibiting the disclosure of 

21 the existence or contents of the relevant sub22 poena. An application under this subparagraph 

23 may be filed in the district court of the United 

24 States for the judicial district in which the re25 cipient of the subpoena is doing business or in 

26 the district court of the United States for any 

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1 judicial district within which the authorized in2 vestigation that is the basis for the subpoena is 

3 being conducted. The applicable nondisclosure 

4 requirement shall remain in effect during the 

5 pendency of proceedings relating to the require6 ment. 

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

8 the United States that receives a petition under 

9 subparagraph (A) or an application under sub10 paragraph (B) should rule expeditiously, and 

11 shall, subject to paragraph (3), issue a non12 disclosure order that includes conditions appro13 priate to the circumstances. 

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

15 for a nondisclosure order or extension thereof or a 

16 response to a petition filed under paragraph (1) 

17 shall include a certification from the Federal official 

18 who issued the subpoena indicating that the absence 

19 of a prohibition of disclosure under this subsection 

20 may result in— 

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

22 of an individual; 

23 ‘‘(B) flight from prosecution; 

24 ‘‘(C) destruction of or tampering with evi25 dence; 

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

2 ‘‘(E) otherwise seriously jeopardizing an 

3 investigation or unduly delaying a trial. 

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

5 United States shall issue a nondisclosure order or 

6 extension thereof under this subsection if the court 

7 determines that there is reason to believe that disclo8 sure of the information subject to the nondisclosure 

9 requirement during the applicable time period may 

10 result in— 

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

12 of an individual; 

13 ‘‘(B) flight from prosecution; 

14 ‘‘(C) destruction of or tampering with evi15 dence; 

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

17 ‘‘(E) otherwise seriously jeopardizing an 

18 investigation or unduly delaying a trial. 

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

20 circumstances described in subparagraphs (A) 

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

22 district court of the United States may issue an ex 

23 parte order extending a nondisclosure order imposed 

24 under this subsection or under section 

25 3486(a)(6)(A) for additional periods of 180 days, or, 

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1 if the court determines that the circumstances neces2 sitate a longer period of nondisclosure, for additional 

3 periods which are longer than 180 days. 

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

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

6 a contempt proceeding, the court must close any hearing 

7 to the extent necessary to prevent an unauthorized disclo8 sure of a request for records, a report, or other informa9 tion made to any person or entity under section 3486. Pe10 titions, filings, records, orders, certifications, and sub11 poenas must also be kept under seal to the extent and 

12 as long as necessary to prevent the unauthorized disclo13 sure of a subpoena under section 3486.’’. 

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

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

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

17 section 3486 the following: 

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

Union Calendar No. 90 

115TH CONGRESS 

1ST SESSION H. R. 883 

[Report No. 115–141] 

A BILL 

To amend title 18, United States Code, to provide 

other purposes. view of such nondisclosure requirements, and for ministrative subpoenas, to provide for judicial redisclosure requirements accompanying certain ada certification process for the issuance of nonMAY 22, 2017 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed