Congressional Records Protection Act of 2026

The Congressional Records Protection Act aims to safeguard the official records of Members of Congress and congressional employees from governmental access. It establishes a new chapter in Title 18, United States Code, broadly prohibiting federal and state governmental entities from seeking or obtaining "covered material" through various legal instruments like search warrants, grand jury subpoenas, or administrative orders.

This prohibition, however, includes a critical exception: it does not apply if the Member of Congress or congressional employee is the target of a criminal investigation. For this exception to apply, a governmental entity must first obtain a certification from a magistrate judge confirming there is probable cause to believe the individual has committed a crime. The bill defines "covered material" broadly to include all written, wire, and electronic communications and records prepared by, shared with, or obtained by these individuals in their official duties, as well as related electronic devices and communication service records.

Furthermore, the Act mandates a notification requirement: governmental entities must notify the affected Member or employee prior to or concurrently with the execution of any order expected to return covered material, or as soon as practicable if such material is unexpectedly found. This notification can only be delayed for a maximum of 10 days by a court order if providing it would endanger lives, lead to flight, destroy evidence, intimidate witnesses, or seriously jeopardize an investigation.

Finally, the bill imposes a delayed review period, preventing governmental entities from reviewing covered material for 30 days after notification. This delay allows the individual time to respond, though it can be waived in situations posing an imminent risk to life or serious bodily injury. The Act explicitly states it does not limit protections under the Speech or Debate Clause of the Constitution.