Reproductive Data Privacy and Protection Act

Section 2518(1) of title 18, United States Code, is amended—

(1) in paragraph (e), by striking and at the end;

(2) in paragraph (f), by striking the period and inserting; and; and

(3) by inserting after paragraph (f) the following:

(g) a statement affirming that the applicant will not use the contents of any wire, oral, or electronic communication, including any communication with respect to reproductive or sexual health information, to initiate or conduct an investigation into or proceeding against any person inquiring about, seeking, obtaining, providing, or facilitating reproductive or sexual health treatment or care.

Section 2518(4) of title 18, United States Code, is amended—

(1) in paragraph (d), by striking and at the end;

(2) in paragraph (e), by striking the period and inserting; and; and

(3) by inserting after paragraph (e) the following:

(f) that the applicant will not use the contents of any wire, oral, or electronic communication, including any communication with respect to reproductive or sexual health information, to initiate or conduct an investigation into or proceeding against any person inquiring about, seeking, obtaining, providing, or facilitating reproductive or sexual health treatment or care.

Section 2518 of title 18, United States Code, is amended by adding at the end the following:

(13) In this section, the term reproductive or sexual health information means information relating to—

(A) reproductive-related surgeries or procedures, including abortion and in vitro fertilization;

(B) the use or purchase of contraceptives, medication abortion, or any other drug, device, or materials related to reproductive health;

(C) the prescription, recommendation, or distribution of contraceptives, medication abortion, in vitro fertilization, or any other drug, device, or materials related to reproductive health;

(D) reproductive or sexual health conditions, status, diseases, or diagnoses, including pregnancy and pregnancy-related conditions, menstruation, ovulation, ability to conceive a pregnancy (including through in vitro fertilization), whether such individual is sexually active, and whether such individual is engaging in unprotected sex; and

(E) any other medical or non-medical service or care provided in conjunction with information described in subparagraphs (A) through (D).

Section 2703 of title 18, United States Code, is amended by adding at the end the following:

A government entity seeking to compel disclosure pursuant to a subpoena, court order, or warrant shall provide a statement under oath that it shall 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.