Congressional Records Protection Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9098 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9098

  To protect the separation of powers enshrined in the United States
    Constitution and end the weaponized surveillance of Members of
                               Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 2, 2026

   Mr. Kelly of Pennsylvania (for himself, Mr. Gooden, Mr. Hunt, Ms.
 Hageman, Mr. Fry, Mr. Onder, and Mr. Jordan) introduced the following
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

  To protect the separation of powers enshrined in the United States
    Constitution and end the weaponized surveillance of Members of
                               Congress.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Records Protection
Act''.

SEC. 2. PROHIBITION ON OBTAINING RECORDS FOR MEMBERS OF CONGRESS.

    (a) In General.--Title 18, United States Code, is amended by adding
at the end the following:

                  ``CHAPTER 239--CONGRESSIONAL RECORDS

``Sec. 3773. Prohibition on obtaining records for Members of Congress
              or congressional employees
    ``(a) Prohibition on Obtaining Records.--
            ``(1) In general.--Notwithstanding any other provision of
        Federal or State law, a governmental entity may not--
                    ``(A) seek or obtain a search warrant, grand jury
                subpoena, court order, statutory authorization,
                certification, or subpoena that could reasonably be
                expected to return any covered material; or
                    ``(B) issue an administrative order that could
                reasonably be expected to return any covered material.
            ``(2) Exception.--This subsection shall not apply if the
        subject of the search warrant, grand jury subpoena, court
        order, statutory authorization, certification, subpoena, or
        administrative order is--
                    ``(A) the target of a criminal investigation; or
                    ``(B) a third party and the search warrant, grand
                jury subpoena, court order, statutory authorization,
                certification, subpoena, or administrative order
                demands records, information, or the content of
                communications pertaining to a Member of Congress or
                congressional employee who is the target of a criminal
                investigation.
    ``(b) Notification Requirement.--
            ``(1) Notice.--
                    ``(A) In general.--A governmental entity shall
                notify the Member of Congress or congressional
                employee--
                            ``(i) prior to or concurrently with the
                        execution of a search warrant, grand jury
                        subpoena, court order, statutory authorization,
                        certification, administrative order, or
                        subpoena that could reasonably be expected to
                        return any covered material; or
                            ``(ii) as soon as practicable following the
                        execution of a search warrant, grand jury
                        subpoena, court order, statutory authorization,
                        certification, administrative order, or
                        subpoena that unexpectedly returns covered
                        material.
                    ``(B) Exception.--If a subject of the search
                warrant, grand jury subpoena, court order, statutory
                authorization, certification, subpoena, or
                administrative order is the target of a criminal
                investigation or if the subject is a third party and
                the search warrant, grand jury subpoena, court order,
                statutory authorization, certification, subpoena, or
                administrative order demands records, information, or
                the content of communications pertaining to a Member of
                Congress or congressional employee who is the target of
                a criminal investigation, a court may, upon application
                by the governmental entity, issue an order delaying the
                notice required under subparagraph (A)(i) with respect
                to an acquisition, subpoena, search, accessing, or
                disclosure that could reasonably be expected to return
                covered material in connection with such investigation
                for a period of not more than 10 days if the court
                determines that there is reason to believe that
                providing notice would--
                            ``(i) endanger the life or physical safety
                        of any person;
                            ``(ii) result in flight from prosecution;
                            ``(iii) result in destruction of or
                        tampering with evidence;
                            ``(iv) result in intimidation of potential
                        witnesses; or
                            ``(v) otherwise seriously jeopardize an
                        investigation or unduly delay a trial.
            ``(2) Delayed review.--
                    ``(A) In general.--The governmental entity may not
                review materials that are reasonably expected to
                contain covered material until the date that is 30 days
                after the date notice is made pursuant to paragraph
                (1)(A)(i).
                    ``(B) Unexpected return of covered materials.--In
                instances where a search warrant, grand jury subpoena,
                court order, statutory authorization, certification,
                administrative order, or subpoena unexpectedly returns
                covered material, the governmental entity shall halt
                review of the returned material upon the discovery of
                the covered material until the date that is 30 days
                after the date notice is made pursuant to paragraph
                (1)(A)(ii).
                    ``(C) Exception.--Subparagraphs (b)(2)(A) and
                (b)(2)(B) shall not apply when a 30-day delay in
                reviewing materials could cause an imminent risk to
                life or serious bodily injury.
    ``(c) Rule of Construction.--This section may not be construed to
limit the scope of any protection applicable under article I, section
6, clause 1 of the Constitution of the United States.
    ``(d) Definitions.--In this section:
            ``(1) Congressional employee.--The term `congressional
        employee' has the meaning given that term in subparagraphs (1),
        (2), (3), and (5) of section 2107 of title 5 and includes
        current and former congressional employees.
            ``(2) Covered material.--The term `covered material'
        means--
                    ``(A) records, including all written materials,
                wire communications, and electronic communications,
                that were prepared by, shared with, or otherwise
                obtained by a Member of Congress or congressional
                employee in the course of their official duties,
                including electronic devices containing such records;
                and
                    ``(B) records from an electronic or wire
                communication service related to any accounts of
                Members and from the time period of their service in
                Congress or official congressional accounts of
                congressional employees, or related to any
                communications between a Member of Congress or
                congressional employee and other Members of Congress,
                other congressional employees, or executive branch
                employees while at least one party to the communication
                was serving or working in Congress and another party to
                the communication was serving or working in Congress or
                the executive branch.
            ``(3) Wire communication; electronic communication.--The
        terms `wire communication,' `electronic communication,' and
        `electronic communication service' have the meanings given
        those terms in section 2510.
            ``(4) Governmental entity.--The term `governmental entity'
        means a department or agency of the United States or any State
        or political subdivision thereof.
            ``(5) Member of congress.--The term `Member of Congress'
        means a current or former Senator or Representative in, or
        Delegate or Resident Commissioner to, the United States
        Congress.
            ``(6) Executive branch employee.--The term `executive
        branch employee' has the meaning given that term in
        subparagraph (2)(A) of section 78u1(h) of title 15 and includes
        current and former executive branch employees.
            ``(7) Subject of the search warrant, grand jury subpoena,
        court order, statutory authorization, certification, subpoena,
        or administrative order.--The term `subject of the search
        warrant, grand jury subpoena, court order, statutory
        authorization, certification, subpoena, or administrative
        order' means the person whose records are sought by the
        governmental entity, or, if records are sought from an
        electronic or wire communication service, the person to whom
        the sought records pertain.
            ``(8) Target of a criminal investigation.--The term `target
        of a criminal investigation' means a person whom a governmental
        entity has probable cause to believe has committed a crime. If
        the person is a Member of Congress or a congressional employee,
        then the governmental entity shall submit an application
        certifying to a magistrate judge with authority in the
        district--or if there is none reasonably available, a judge of
        a court of record in the district--that there is probable cause
        to believe the person has committed a crime. The judge must
        certify that the application establishes that probable cause
        exists prior to or concurrently with the governmental entity
        seeking, obtaining, or issuing a search warrant, grand jury
        subpoena, court order, statutory authorization, certification,
        subpoena, or administrative order for covered material.
            ``(9) Third party.--The term `third party' means any person
        who is not a Member of Congress or congressional employee.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 238 the following new item:

``239. Congressional Records 3773''.
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