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Amends paragraph (e) and paragraph (f) punctuation and inserts a new paragraph (g) requiring that an applicant affirm they will not use the contents of intercepted communications, including communications relating to reproductive or sexual health information, to initiate or conduct investigations or proceedings against persons inquiring about, seeking, obtaining, providing, or facilitating reproductive or sexual health treatment or care.
Alters punctuation in paragraphs (d) and (e) and inserts a new paragraph (f) specifying that the order must include a statement that the applicant will not use the contents of intercepted communications, including reproductive or sexual health information, to initiate or conduct investigations or proceedings against persons inquiring about, seeking, obtaining, providing, or facilitating reproductive or sexual health treatment or care.
Adds a new paragraph (13) defining the term "reproductive or sexual health information" to include items (A) through (E): reproductive-related surgeries or procedures (including abortion and in vitro fertilization); use or purchase of contraceptives, medication abortion, or related drugs/devices/materials; prescription/recommendation/distribution of such items; reproductive or sexual health conditions/status/diagnoses (including pregnancy, menstruation, ovulation, ability to conceive, sexual activity, unprotected sex); and any other medical or non-medical services provided in conjunction with the foregoing.
Adds subsection (i) requiring a government entity seeking to compel disclosure of customer communications or records (via subpoena, court order, or warrant) to provide a statement under oath that it will not use the contents of any wire, oral, or electronic communication, including reproductive or sexual health information, for the purpose of conducting an investigation into or proceeding against any person in connection with inquiring about, seeking, obtaining, providing, or facilitating reproductive or sexual health treatment or care.
Changes federal rules for wiretaps and compelled electronic-record disclosures so that applicants and government entities must promise not to use intercepted communications or compelled records about reproductive or sexual health to investigate or prosecute people seeking, providing, or helping others get reproductive or sexual health care. Adds a clear legal definition of “reproductive or sexual health information” that lists items such as abortion, contraception, pregnancy, in vitro fertilization, and related medical or non‑medical care.
Amend 18 U.S.C. 2518(1) paragraph (e) by striking the word "and" at the end of the paragraph.
Amend 18 U.S.C. 2518(1) paragraph (f) by replacing the final period with a semicolon.
Add a new paragraph (g) to 18 U.S.C. 2518(1) requiring the applicant for an interception (wiretap) to include a statement affirming they will not use the contents of any wire, oral, or electronic communication — including communications about reproductive or sexual health information — to start or carry out an investigation or proceeding against any person who inquires about, seeks, obtains, provides, or facilitates reproductive or sexual health treatment or care.
Amend 18 U.S.C. 2518(4) paragraph (d) by striking the word "and" at the end of the paragraph.
Amend 18 U.S.C. 2518(4) paragraph (e) by replacing the final period with a semicolon.
Who is affected and how:
People seeking reproductive or sexual health care (including abortion, contraception, fertility care, prenatal and miscarriage care) gain clearer protections against use of intercepted communications and compelled records in investigations or prosecutions tied to that care. This reduces the risk that phone calls, messages, or account records about their care will be used against them when orders fall under the amended statutes.
Health care providers, clinics, telehealth services, counselors, and others who provide or assist with reproductive or sexual health services are less likely to see patient communications or account records used by investigators or prosecutors for cases related to that care when the protections apply. That may encourage more open use of telehealth and electronic communication for sensitive services.
Law enforcement and prosecutors must include and comply with non‑use promises in applications for wiretap or compelled records involving the protected categories. This limits their available evidence in cases that would otherwise rely on such communications or records; they may need to seek alternative evidence or legal bases.
Courts will play a key role in interpreting the new definition, adjudicating disputes about whether particular materials qualify, and enforcing non‑use commitments. This may generate litigation over scope, exceptions, and compliance.
Agencies and legal counsel must adjust application practices and recordkeeping to document non‑use commitments and ensure compliance, creating administrative steps but not major new spending requirements.
Overall effect: strengthens privacy protections for reproductive and sexual health information in federal electronic‑surveillance and compelled‑disclosure procedures, while shifting some investigative burden onto law enforcement to find other evidence or to litigate scope and exceptions.
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Referred to the House Committee on the Judiciary.
Introduced May 6, 2025 by Ted Lieu · Last progress May 6, 2025
Referred to the House Committee on the Judiciary.
Introduced in House