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.
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