S. 1401 — Targeting Child Predators Act of 2025

This section amends administrative subpoena nondisclosure requirements under 18 U.S.C. 3486(a)—which authorizes federal officials to subpoena records without prior judicial approval in investigations of terrorism, child exploitation, human trafficking, and related crimes—by (1) transferring relevant authority from the Secretary of the Treasury to the Secretary of Homeland Security; (2) striking from paragraph (5) the requirement that nondisclosure be ordered by a court; and (3) revising paragraph (6) to except certain subpoenas from the general disclosure rule and to authorize a 180-day nondisclosure requirement for subpoenas issued under paragraph (1)(A)(i)(II) if accompanied by an official's certification of risks such as endangering lives, flight from prosecution, evidence tampering, witness intimidation, or serious jeopardy to an investigation, with limited disclosures permitted (i.e., for compliance, legal advice, or as authorized), notice requirements, and judicial review under section 3486A (with possible extensions).

This section establishes judicial review procedures for nondisclosure requirements imposed with subpoenas under 18 U.S.C. §3486 (i.e., subpoenas issued by the Attorney General for records relevant to authorized investigations that may involve a foreign power or agent of a foreign power). A subpoena recipient may notify the government or petition a specified district court for review, after which the government must apply within 30 days for a nondisclosure order supported by a certification that disclosure may endanger life or physical safety, cause flight from prosecution, result in destruction or tampering with evidence, lead to intimidation of witnesses, or otherwise seriously jeopardize an investigation; the court must issue the order expeditiously if there is reason to believe disclosure may result in such harms and may extend it ex parte for additional 180-day periods or longer if circumstances persist. All proceedings under the section are closed, and related documents are sealed, to the extent necessary to prevent unauthorized disclosure of the subpoena.