text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Targeting Child Predators Act of 
  2016''.
  
  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 section 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 certifies 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;
                      ``(III) destruction of or tampering with evidence;
                      ``(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 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 described 
          in clause (i) information otherwise subject to 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 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 
          disclosure 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 accordance with section 
          3486A(a)(4).''.
  
  SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS.
  
      (a) In General.--Chapter 223 of title 18, United States Code, is 
  amended by inserting after section 3486 the following:
  ``Sec. 3486A. Judicial review of nondisclosure requirements
      ``(a) Nondisclosure.--
              ``(1) In general.--
                      ``(A) Notice.--If a recipient of a subpoena under 
                  section 3486 wishes to have a court review a 
                  nondisclosure requirement imposed in connection with 
                  the subpoena, the recipient may notify the Government 
                  or file a petition 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 subpoena. An application under 
                  this subparagraph may be filed in the district court of 
                  the United States for the judicial district in which 
                  the recipient of the subpoena is doing business or in 
                  the district court of the United States for any 
                  judicial district within which the authorized 
                  investigation that is the basis for the subpoena is 
                  being conducted. The applicable nondisclosure 
                  requirement shall remain in effect during the pendency 
                  of proceedings relating to the requirement.
                      ``(C) Consideration.--A district court of the 
                  United States that receives a petition under 
                  subparagraph (A) or an application under subparagraph 
                  (B) should rule expeditiously, and shall, subject to 
                  paragraph (3), issue a nondisclosure order that 
                  includes conditions appropriate 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 evidence;
                      ``(D) intimidation of potential witnesses; or
                      ``(E) otherwise seriously jeopardizing an 
                  investigation or unduly delaying a trial.
              ``(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 disclosure 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 evidence;
                      ``(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 necessitate a longer period of 
          nondisclosure, for additional periods which are longer than 180 
          days.
      ``(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 disclosure of a request for records, a report, or other 
  information made to any person or entity under section 3486. Petitions, 
  filings, records, orders, certifications, and subpoenas must also be 
  kept under seal to the extent and as long as necessary to prevent the 
  unauthorized disclosure 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.''.
target: Targeting Child Predators Act of 2016 This bill amends the federal criminal code to establish: (1) a certification&nbsp;process with respect&nbsp;to nondisclosure requirements imposed in connection with&nbsp;specified administrative subpoenas, and (2) a judicial review process with respect to the imposition of such requirements.
feat_title: Targeting Child Predators Act of 2016