Targeting Child Predators Act of 2025
Targeting Child Predators Act of 2025 amends Title 18, U.S.C. to create a formal certification-and-review process for nondisclosure requirements that accompany certain administrative subpoenas issued under 18 U.S.C. § 3486. The bill shifts oversight to the Department of Homeland Security (replacing the Treasury Department in the current text), and adds a specific framework for when a recipient may be prohibited from disclosing the existence or contents of a subpoena. A new judicial review statute (Section 3486A) gives recipients a pathway to challenge or obtain relief from nondisclosure orders, with timelines and procedures designed to ensure that protections for safety and the integrity of investigations are balanced with accountability and transparency. The overarching aim appears to be strengthening protections around sensitive information in cases involving potential threats to child safety, while ensuring courts can review the necessity and scope of nondisclosure. In practical terms, the bill creates a 180-day initial nondisclosure period (subject to extension) when a subpoena is accompanied by a certification that disclosure could endanger safety, aid flight from prosecution, destroy evidence, intimidate witnesses, or seriously jeopardize an investigation. It also establishes who may receive limited disclosures (e.g., necessary personnel, counsel) and requires notice to recipients about the nondisclosure requirement and the availability of judicial review. The new judicial review process is designed to be expeditious, with courts allowed to issue nondisclosure orders or extensions and to hold closed hearings to protect sensitive information.
Key Points
- 1Certification-based nondisclosure triggered by subpoenas: If a federal subpoena under 3486 is accompanied by a certification and notice of judicial review, the recipient cannot disclose that a federal official sought/obtained access for 180 days, unless limited disclosures are permitted to necessary individuals or counsel.
- 2Conditions for certification: The federal official must certify that disclosure could endanger life or safety, enable flight from prosecution, destroy/tamper with evidence, intimidate witnesses, or otherwise seriously jeopardize the investigation.
- 3Narrow disclosures permitted: During the NDA period, recipients may disclose to necessary persons to comply with the request, to attorneys for legal advice, or to others as the issuing official permits.
- 4Judicial review of nondisclosure: The bill creates Sec. 3486A, allowing recipients to seek court review of nondisclosure orders. Government must file for an order prohibiting disclosure within 30 days of notification; courts may issue orders expediting nondisclosure protections or deny extensions if appropriate.
- 5Standards and extensions: Courts may issue nondisclosure orders if there is reason to believe disclosure would cause the harms listed in the certification. Extensions can be granted ex parte for additional 180-day periods, or longer if justified.
- 6Closed proceedings and secrecy: Proceedings, filings, and related records must be kept under seal as necessary to prevent unauthorized disclosure, with hearings often closed to protect sensitive information.
- 7Administrative scope: The bill broadens the scope of who issues and reviews these nondisclosure orders (now DHS rather than Treasury) and formalizes a separate judicial path for challenges to such orders.