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) in paragraph (6)— 
(A) in subparagraph (A), by striking ‘‘A 
United States’’ and inserting ‘‘Except as pro-
vided in subparagraph (D), a United States’’; 
and 
(B) by adding at the end the following: 
‘‘(D)(i)(I) If a subpoena issued under this section as 
described in paragraph (1)(A)(i)(II) is accompanied by a 
certification under subclause (II) and notice of the right 
to judicial review under clause (iii), no recipient of such 
a subpoena 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 subclause (I) shall apply 
if the Federal official who issued the subpoena certifies 
that the absence of a prohibition of disclosure under this 
subsection may result in— 
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‘‘(aa) endangering the life or physical safety of 
an individual; 
‘‘(bb) flight from prosecution; 
‘‘(cc) destruction of or tampering with evidence; 
‘‘(dd) intimidation of potential witnesses; or 
‘‘(ee) otherwise seriously jeopardizing an inves-
tigation. 
‘‘(ii)(I) A recipient of a subpoena under this section 
as described in paragraph (1)(A)(i)(II) may disclose infor-
mation otherwise subject to any applicable nondisclosure 
requirement to— 
‘‘(aa) those persons to whom disclosure is nec-
essary in order to comply with the request; 
‘‘(bb) an attorney in order to obtain legal advice 
or assistance regarding the request; or 
‘‘(cc) other persons as permitted by the Federal 
official who issued the subpoena. 
‘‘(II) A person to whom disclosure is made under sub-
clause (I) shall be subject to the nondisclosure require-
ments applicable to a person to whom a subpoena is issued 
under this section in the same manner as the person to 
whom the subpoena was issued. 
‘‘(III) Any recipient that discloses to a person de-
scribed in subclause (I) information otherwise subject to 
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a nondisclosure requirement shall notify the person of the 
applicable nondisclosure requirement. 
‘‘(IV) At the request of the Federal official who 
issued the subpoena, any person making or intending to 
make a disclosure under item (aa) or (cc) of subclause 
(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 disclosure was made prior to 
the request. 
‘‘(iii)(I) A nondisclosure requirement imposed under 
clause (i) shall be subject to judicial review under section 
3486A. 
‘‘(II) A subpoena issued under this section as de-
scribed in paragraph (1)(A)(i)(II), in connection with 
which a nondisclosure requirement under clause (i) is im-
posed, shall include notice of the availability of judicial re-
view described in subclause (I). 
‘‘(iv) A nondisclosure requirement imposed under 
clause (i) may be extended in accordance 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 as described in sub-
section (a)(1)(A)(i)(II) of section 3486 wishes 
to have a court review a nondisclosure require-
ment imposed in connection with the subpoena, 
the recipient may notify the Government or file 
a petition for judicial review in any court de-
scribed 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. 
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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. 
‘‘(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)(D) for additional periods of 180 days, 
or, if the court determines that the circumstances 
necessitate a longer period of nondisclosure, for ad-
ditional 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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