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

<DOC>





                                                 Union Calendar No. 704
119th CONGRESS
  2d Session
                                H. R. 9098

                          [Report No. 119-805]

  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

                           September 8, 2026

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on June 2, 
                                 2026]


_______________________________________________________________________

                                 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 
of 2026''.

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 of part II the following:

                  ``CHAPTER 239--CONGRESSIONAL RECORDS

``Sec.
``3773. Prohibition on obtaining records for Members of Congress or 
                            congressional employees.
``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) Criminal 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.
            ``(3) Exception regarding certain forms of covered 
        material.--This subsection does not apply in the case of 
        covered material described in subsection (d)(2)(B) to the 
        extent that the access of the governmental entity to such 
        covered material is subject to the requirements under 
        subsection (b)(3).
    ``(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.
            ``(3) Review of certain forms of covered information by 
        special master.--
                    ``(A) In general.--In the case of any execution by 
                a governmental entity 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, the court shall appoint, from among a list 
                comprised of three persons (who have previously served 
                as special master) nominated by the governmental entity 
                and three such persons nominated by the Member of 
                Congress or congressional employee who is the subject 
                of the search warrant, grand jury subpoena, court 
                order, statutory authorization, certification, 
                administrative order, or subpoena, a special master--
                            ``(i) to locate and isolate all covered 
                        material described in subsection (d)(2)(B) from 
                        materials that are reasonably expected to 
                        contain any covered material; and
                            ``(ii) to review any such covered material 
                        described in subsection (d)(2)(B) to identify 
                        information that is privileged under the 
                        Constitution.
                    ``(B) Release and return.--The special master shall 
                release only the covered material described in 
                subsection (d)(2)(B) that is not identified pursuant to 
                subparagraph (A)(ii) to the governmental entity.
                    ``(C) Coordination.--The special master may 
                consult, for purposes of conducting a review under 
                subparagraph (A), with--
                            ``(i) any party to a communication included 
                        in the materials that are reasonably expected 
                        to contain covered material; or
                            ``(ii) the governmental entity that has 
                        executed the search warrant, grand jury 
                        subpoena, court order, statutory authorization, 
                        certification, administrative order, or 
                        subpoena.
                    ``(D) Review of determinations.--Prior to releasing 
                any covered material under subparagraph (B), the 
                special master shall accord each Member of Congress or 
                congressional employee who is a party to a 
                communication included in the materials that are 
                reasonably expected to contain covered material an 
                opportunity to review the covered material proposed to 
                be released for such period of time as the court 
                determines to be reasonable and appropriate. On the 
                motion of such Member or employee, the court shall 
                review de novo a determination of the special master 
                under subparagraph (A)(ii).
                    ``(E) Non-disclosure agreement.--The special master 
                appointed by the court shall agree to be bound by a 
                non-disclosure agreement approved by the court.
                    ``(F) Rule of construction.--Nothing in this 
                paragraph may be construed to provide that the 
                requirement of notice under paragraph (1) or the 
                requirement of delayed review under paragraph (2) do 
                not apply by reason of the review under this paragraph.
    ``(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 II 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''.
                                                 Union Calendar No. 704

119th CONGRESS

  2d Session

                               H. R. 9098

                          [Report No. 119-805]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 8, 2026

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed