H.R. 9098 · On the floor · Crime and Law Enforcement

Congressional Records Protection Act of 2026

What it does

Prohibits a governmental entity from seeking or obtaining search warrants, subpoenas, court orders, or administrative orders designed to obtain records of Members of Congress or congressional employees, with exceptions for when the member or employee themselves are a criminal investigation target.
Requires governmental entities to notify Members of Congress or congressional employees prior to or concurrently with executing warrants or subpoenas that could return covered materials, or as soon as practicable if covered materials are unexpectedly returned.
Prevents governmental entities from reviewing materials reasonably expected to contain covered material for 30 days after notice is provided to the Member or employee, except when a delay would cause imminent risk to life or serious bodily injury.
Requires courts to appoint a special master from a mutually-nominated list to locate, isolate, and review covered materials for constitutional privilege and release only non-privileged material to the governmental entity.

Sep 8, 2026: Placed on the Union Calendar, Calendar No. 704.

Committee: House Judiciary