S.Amdt. 6339

SA 6339. Mr. WYDEN (for himself and Ms. Lummis) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. SUBPOENA ABUSE PREVENTION ACT.

(a) Short Title.--This section may be cited as the
``Subpoena Abuse Prevention Act''.
(b) Reforming Subpoenas.--
(1) Consistent protections for phone and app-based call and
texting records.--Section 2703(c)(2) of title 18, United
States Code, is amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (C), (D), and (E), respectively.
(2) Prohibiting the use of subpoenas for bulk collection of
certain subscriber information.--Section 2703(c)(2) of title
18, United States Code, as amended by paragraph (1), is
further amended in the matter following subparagraph (E), as
so redesignated, by inserting ``, provided that for any
administrative, grand jury, or trial subpoena, the
governmental entity identifies the subscriber or customer by
name, address, temporarily assigned network address, or
account identifier (such as a username)'' before the period
at the end.
(3) Prohibiting the use of subpoenas with a purpose to
investigate constitutionally protected activities.--Section
2703(c) of title 18, United States Code, is further amended
by adding at the end the following:
``(4) Protections for constitutionally protected
activities.--
``(A) In general.--A governmental entity may not use a
subpoena to require the disclosures described in paragraph
(2) if a purpose of the subpoena is to--
``(i) investigate, monitor, or otherwise acquire
information about activities, or any person's engagement in
activities, that are exercises of free speech, press,
religion, assembly, or petition, or are otherwise protected
by the Constitution of the United States; or
``(ii) retaliate against any person for their engagement in
activities that are exercises of free speech, press,
religion, assembly, or petition, or are otherwise protected
by the Constitution of the United States.
``(B) Required certification.--
``(i) In general.--A governmental entity using a subpoena
to require the disclosures described in paragraph (2) from a
service provider shall provide a certification under penalty
of perjury attesting that the subpoena is being made for a
legitimate and lawful purpose, and not with a purpose
described in subparagraph (A)--

``(I) to the service provider; and

[[Page S3465]]

``(II) when applying for a preclusion of notice order under
section 2705(b), to the court in such application.

``(ii) Absence of certification.--A subpoena to require the
disclosures described in paragraph (2) from a service
provider shall not be valid, and a preclusion of notice order
under section 2705(b) for such subpoena shall not issue,
unless the subpoena includes the certification described in
clause (i).''.
(4) Required disclosures.--Section 2703(c) of title 18,
United States Code, is further amended by adding at the end
the following:
``(5) Required disclosures to service provider.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) the service provider--

``(I) may notify a customer or subscriber of the receipt of
the subpoena; and
``(II) may consult with an attorney in order to obtain
legal advice or assistance regarding the subpoena; and

``(ii) the government entity shall inform the service
provider that it--

``(I) is not being directed to not notify any other person
of the existence of the subpoena;
``(II) may notify the customer or subscriber of the receipt
of the subpoena; and
``(III) may consult with an attorney in order to obtain
legal advice or assistance regarding the subpoena.

``(B) Exception for nondisclosure orders.--If a
governmental entity described in subparagraph (A) obtains a
preclusion of notice order under section 2705(b)--
``(i) such order may limit the right of the service
provider described in subparagraph (A)(i)(I); and
``(ii) the governmental entity shall modify the required
disclosures described in subclauses (I) and (II) of
subparagraph (A)(ii) to be consistent with the terms of the
order.''.
(5) Public reporting of use of administrative subpoenas.--
Section 2703(c) of title 18, United States Code, is further
amended by adding at the end the following:
``(6) Reporting of federal use of administrative
subpoenas.--Each Federal governmental entity that uses an
administrative subpoena to require the disclosure of
information under this subsection shall annually publicly
publish a report containing, for the 1-year period preceding
the date of the report--
``(A) the number of administrative subpoenas issued by the
governmental entity, disaggregated by the statutory authority
under which the administrative subpoenas were issued; and
``(B) the number of accounts for which the governmental
entity received information through an administrative
subpoena, disaggregated by the statutory authority under
which the administrative subpoenas were issued.''.
______