Congressional Records Protection Act of 2026
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Overview
The Congressional Records Protection Act aims to safeguard the separation of powers by restricting the ability of government entities to obtain records related to Members of Congress and their staff. It prohibits the use of search warrants, subpoenas, or administrative orders to access covered materials, which include records prepared, shared, or obtained during official duties. The bill also requires notification to members before reviewing such materials, with exceptions for criminal investigations or when notice could endanger lives or jeopardize investigations.
Key provisions
- Prohibits government entities from seeking or obtaining records that could reasonably be expected to contain covered material related to Members of Congress or congressional employees.
- Requires notification to members of Congress before reviewing records that could contain covered material.
- Establishes a 30-day review period for materials before governmental entities can examine them.
- Allows for a 10-day delay in notification if providing notice would endanger lives or jeopardize an investigation.
- Defines ‘covered material’ to include records prepared by, shared with, or obtained by members and staff in the course of their duties.
- Requires a certification of probable cause before obtaining records related to a Member of Congress during a criminal investigation.
- Creates a definition of ‘third party’ for the purposes of the law.
- Clarifies that the law does not limit protections under Article I, Section 6, Clause 1 of the Constitution.
Bill text
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