HR-9098 — Congressional Records Protection Act of 2026

YourVoice.Now Summary

Civil LibertiesCriminal Justice & Due Process

Agencies would face new limits on taking Congress members' and staff records, plus notice and a 30-day wait.

Civil Liberties

Privacy of Congress members' work records — off-limits unless a crime target

No agency at any level could use a warrant, subpoena, or court order to get the work records of members or staff. The one way around this is when someone tied to the case is a crime suspect.

Notice when lawmakers' records are taken — before or at the time

The agency must tell the lawmaker or staffer before or when it takes the records. If records turn up by surprise, it must tell them soon after. In a criminal case, a judge could put off the notice up to 10 days to keep people or the case safe.

Court-picked screening of lawmakers' phone records — before agencies see them

If an agency seeks a lawmaker's phone or email company records, a judge picks an outside reviewer. Each side names three people to pick from. The reviewer holds back what the Constitution protects, and the lawmaker can ask the judge to check.

Criminal Justice & Due Process

Judge's sign-off to target a lawmaker — probable cause required

Before an agency can treat a lawmaker or staffer as a criminal target, it must ask a judge. The judge must agree there is good reason to believe that person committed a crime.

Investigators' access to Congress records — 30-day wait after notice

Investigators could not read the records until 30 days after the lawmaker or staffer is told. Records that turn up by surprise must also sit for 30 days, unless waiting would put a life at risk.

More about this bill

Government agencies would face new limits on getting the records of members of Congress and their staff. This covers federal, state, and local agencies. It covers former members and staff too. Agencies could not use a warrant, subpoena, or court order likely to pull in a lawmaker's work records. They could do so only when someone involved is the target of a criminal case. To treat a lawmaker or staffer as a target, a judge must first find probable cause (good reason to think they broke the law). When records are taken, the agency must tell the lawmaker or staffer before or at that time. In criminal cases, a judge could delay that notice up to 10 days, for example if a witness could be put in danger. Investigators then must wait 30 days before reading the records, unless a life is at risk. Phone and email company records of lawmakers can still be sought. But a court-picked outside reviewer would screen them first and hold back anything the Constitution protects. Most people would see no change in daily life.

Congressional Summary

Congressional Records Protection Act of 2026 This bill generally prohibits the government from issuing a search warrant, grand jury subpoena, court order, statutory authorization, certification, subpoena, or an administrative order (i.e., executing legal process) that could reasonably return congressional records. Congressional records include (1) written materials and electronic or wire communications prepared by, shared with, or obtained by a Member of Congress or congressional employee in the course of official duties; and (2) records of an electronic or wire communications service related to accounts or certain communications of a Member of Congress or congressional employee. The bill provides exceptions to the general prohibition. Specifically, the government may execute legal process that could reasonably return congressional records if (1) the subject of the process is the target of a criminal investigation, (2) the material sought pertains to a Member of Congress or congressional employee who is the target of a criminal investigation, or (3) the records are certain electronic or wire communications. If the government executes legal process under an exception that could reasonably return or that unexpectedly returns congressional records, then the bill generally requires the government to notify the Member of Congress or congressional employee and delay or halt review of the materials for 30 days. If the legal process could reasonably return certain congressional records from an electronic or wire communications service provider, then the bill requires a special master to be appointed to identify materials that are constitutionally protected from disclosure.

Legislative Subjects

Congressional officers and employeesCriminal investigation, prosecution, interrogationGovernment information and archivesIntelligence activities, surveillance, classified informationMembers of Congress

Details

Congress: 119th
Chamber: House
Status: summarized
Action: Reported to House
Action Date: 2026-09-08
Date Added: 2026-10-20
Source: Congress.gov →

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