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 provided 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) of this clause and notice of the right to judicial review under clause (iii) of this subparagraph, 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— (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 investigation. (ii) (I) A recipient of a subpoena under this section as described in paragraph (1)(A)(i)(II) may disclose information otherwise subject to any applicable nondisclosure requirement to— (aa) those persons to whom disclosure is necessary 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 subclause (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 subclause (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 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 described in paragraph (1)(A)(i)(II), in connection with which a nondisclosure requirement under clause (i) is imposed, shall include notice of the availability of judicial review described in subclause (I). (iv) A nondisclosure requirement imposed under clause (i) may be extended in accordance with section 3486A(a)(4)..