Congressional Records Protection Act of 2026
The source supplies the latest action, but no lifecycle stage.
Latest action (8 Sep 2026): Placed on the Union Calendar, Calendar No. 704.
What this bill does
H.R. 9098, the Congressional Records Protection Act of 2026, would amend federal law to create new rules for how government entities can obtain records related to Members of Congress and congressional employees. Specifically, it would prohibit governmental entities from seeking or obtaining certain records or issuing administrative orders expected to return these records, unless the Member or employee is the target of a criminal investigation, or a third party whose records pertain to a Member or employee who is the target of such an investigation.
The bill would also require governmental entities to notify Members of Congress or congressional employees before or at the time of executing certain warrants or subpoenas that could yield these records. However, this notice could be delayed for up to 10 days if a court determines providing it sooner would jeopardize an investigation. In cases where covered material is unexpectedly obtained, review of those materials would be halted for 30 days after notification. The bill also outlines a process for using a special master to review certain communications, particularly those between Members of Congress, congressional employees, and executive branch employees.
This bill has been introduced in the House of Representatives and has been ordered reported with an amendment by the Committee on the Judiciary. It has been committed to the Committee of the Whole House on the State of the Union and ordered to be printed.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
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.
Timeline
8 Sep 2026
Placed on the Union Calendar, Calendar No. 704.
Common questions
- What does H.R. 9098 do?
- H.R. 9098, the Congressional Records Protection Act of 2026, would amend federal law to create new rules for how government entities can obtain records related to Members of Congress and congressional employees. Specifically, it would prohibit governmental entities from seeking or obtaining certain records or issuing administrative orders expected to return these records, unless the Member or employee is the target of a criminal investigation, or a third party whose records pertain to a Member or employee who is the target of such an investigation. The bill would also require governmental entities to notify Members of Congress or congressional employees before or at the time of executing certain warrants or subpoenas that could yield these records. However, this notice could be delayed for up to 10 days if a court determines providing it sooner would jeopardize an investigation. In cases where covered material is unexpectedly obtained, review of those materials would be halted for 30 days after notification. The bill also outlines a process for using a special master to review certain communications, particularly those between Members of Congress, congressional employees, and executive branch employees. This bill has been introduced in the House of Representatives and has been ordered reported with an amendment by the Committee on the Judiciary. It has been committed to the Committee of the Whole House on the State of the Union and ordered to be printed.
- Has H.R. 9098 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 9098. Check the latest action and official source below.
- Who sponsored H.R. 9098?
- H.R. 9098 was sponsored by Rep. Kelly, Mike [R-PA-16] (R-PA), with 6 cosponsors.
- What's the latest action on H.R. 9098?
- Placed on the Union Calendar, Calendar No. 704. (8 Sep 2026).
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