[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