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 nondisclo-
sure 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 certifi-
cation process for the issuance of nondisclosure require-
ments accompanying certain administrative subpoenas, 
to provide for judicial review of such nondisclosure re-
quirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Targeting Child Preda-
tors Act of 2016’’. 
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SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS. 
Section 3486(a) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘the Secretary of the Treasury’’ 
each place it appears and inserting ‘‘the Secretary of 
Homeland Security’’; 
(2) in paragraph (5), by striking ‘‘ordered by a 
court’’; and 
(3) by striking paragraph (6) and inserting the 
following: 
‘‘(6)(A)(i) If a subpoena issued under this sec-
tion is accompanied by a certification under clause 
(ii) and notice of the right to judicial review under 
subparagraph (C), no recipient of a subpoena under 
this section shall disclose to any person that the 
Federal official who issued the subpoena has sought 
or obtained access to information or records under 
this section, for a period of 180 days. 
‘‘(ii) The requirements of clause (i) shall apply 
if the Federal official who issued the subpoena cer-
tifies that the absence of a prohibition of disclosure 
under this subsection may result in— 
‘‘(I) endangering the life or physical safety 
of an individual; 
‘‘(II) flight from prosecution; 
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‘‘(III) destruction of or tampering with evi-
dence; 
‘‘(IV) intimidation of potential witnesses; 
or 
‘‘(V) otherwise seriously jeopardizing an 
investigation or unduly delaying a trial. 
‘‘(B)(i) A recipient of a subpoena under this 
section may disclose information otherwise subject to 
any applicable nondisclosure requirement to— 
‘‘(I) those persons to whom disclosure is 
necessary in order to comply with the request; 
‘‘(II) an attorney in order to obtain legal 
advice or assistance regarding the request; or 
‘‘(III) other persons as permitted by the 
Federal official who issued the subpoena. 
‘‘(ii) A person to whom disclosure is made 
under clause (i) shall be subject to the nondisclosure 
requirements applicable to a person to whom a sub-
poena is issued under this section in the same man-
ner as the person to whom the subpoena was issued. 
‘‘(iii) Any recipient that discloses to a person 
described in clause (i) information otherwise subject 
to a nondisclosure requirement shall notify the per-
son of the applicable nondisclosure requirement. 
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‘‘(iv) At the request of the Federal official who 
issued the subpoena, any person making or intend-
ing to make a disclosure under subclause (I) or (III) 
of clause (i) shall identify to the individual making 
the request under this clause the person to whom 
such disclosure will be made or to whom such disclo-
sure was made prior to the request. 
‘‘(C)(i) A nondisclosure requirement imposed 
under subparagraph (A) shall be subject to judicial 
review under section 3486A. 
‘‘(ii) A subpoena issued under this section, in 
connection with which a nondisclosure requirement 
under subparagraph (A) is imposed, shall include 
notice of the availability of judicial review described 
in clause (i). 
‘‘(D) A nondisclosure requirement imposed 
under subparagraph (A) may be extended in accord-
ance with section 3486A(a)(4).’’. 
SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIRE-
MENTS. 
(a) IN GENERAL.—Chapter 223 of title 18, United 
States Code, is amended by inserting after section 3486 
the following: 
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‘‘§ 3486A. Judicial review of nondisclosure require-
ments 
‘‘(a) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTICE.—If a recipient of a sub-
poena under section 3486 wishes to have a 
court review a nondisclosure requirement im-
posed in connection with the subpoena, the re-
cipient may notify the Government or file a pe-
tition for judicial review in any court described 
in subsection (a)(5) of section 3486. 
‘‘(B) APPLICATION.—Not later than 30 
days after the date of receipt of a notification 
under subparagraph (A), the Government shall 
apply for an order prohibiting the disclosure of 
the existence or contents of the relevant sub-
poena. An application under this subparagraph 
may be filed in the district court of the United 
States for the judicial district in which the re-
cipient of the subpoena is doing business or in 
the district court of the United States for any 
judicial district within which the authorized in-
vestigation that is the basis for the subpoena is 
being conducted. The applicable nondisclosure 
requirement shall remain in effect during the 
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pendency of proceedings relating to the require-
ment. 
‘‘(C) CONSIDERATION.—A district court of 
the United States that receives a petition under 
subparagraph (A) or an application under sub-
paragraph (B) should rule expeditiously, and 
shall, subject to paragraph (3), issue a non-
disclosure order that includes conditions appro-
priate to the circumstances. 
‘‘(2) APPLICATION CONTENTS.—An application 
for a nondisclosure order or extension thereof or a 
response to a petition filed under paragraph (1) 
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— 
‘‘(A) endangering the life or physical safety 
of an individual; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an 
investigation or unduly delaying a trial. 
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‘‘(3) 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 disclo-
sure of the information subject to the nondisclosure 
requirement during the applicable time period may 
result in— 
‘‘(A) endangering the life or physical safety 
of an individual; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an 
investigation or unduly delaying a trial. 
‘‘(4) EXTENSION.—Upon a showing that the 
circumstances 
described 
in 
subparagraphs 
(A) 
through (E) of paragraph (3) continue to exist, a 
district court of the United States may issue an ex 
parte order extending a nondisclosure order imposed 
under 
this 
subsection 
or 
under 
section 
3486(a)(6)(A) for additional periods of 180 days, or, 
if the court determines that the circumstances neces-
sitate a longer period of nondisclosure, for additional 
periods which are longer than 180 days. 
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‘‘(b) CLOSED HEARINGS.—In all proceedings under 
this section, subject to any right to an open hearing in 
a contempt proceeding, the court must close any hearing 
to the extent necessary to prevent an unauthorized disclo-
sure of a request for records, a report, or other informa-
tion made to any person or entity under section 3486. Pe-
titions, filings, records, orders, certifications, and sub-
poenas must also be kept under seal to the extent and 
as long as necessary to prevent the unauthorized disclo-
sure of a subpoena under section 3486.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 223 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 3486 the following: 
‘‘3486A. Judicial review of nondisclosure requirements.’’. 
Æ 
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