H.R. 9098

[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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