Congressional Records Protection Act

Summary#

This bill adds a new federal crime chapter that limits when government agencies can seek or get records that belong to current or former Members of Congress or congressional employees. It bars seeking search warrants, subpoenas, court orders, or administrative orders that could reasonably return "covered material," except when the Member or employee is the target of a criminal investigation or when records from a third party concern a Member or employee who is a target. The bill defines covered material to include records prepared by or shared with Members or congressional employees in their official duties and electronic or wire records tied to congressional accounts or communications among Members, congressional employees, or executive branch employees while serving.

The bill requires the government to notify the Member of Congress or congressional employee before or at the same time as executing a warrant or similar demand that could return covered material. If covered material is returned unexpectedly, the government must notify "as soon as practicable." A court may delay notice up to 10 days in a criminal investigation when notice would endanger life, lead to flight, destroy evidence, intimidate witnesses, or seriously jeopardize the investigation or trial.

After notice, the government generally may not review materials expected to contain covered material for 30 days. If covered material is discovered unexpectedly, review must stop until 30 days after notice. That 30-day delay does not apply when review is needed to prevent imminent risk of death or serious bodily injury. When a Member or congressional employee is a target of a criminal investigation, the government must submit an application certifying probable cause and a judge must certify that probable cause exists before seeking covered material.

The bill also says it should not be read to limit constitutional protections for congressional speech and debate.

What it means for you#

• If you are a Member of Congress or a congressional employee: your official records and many communications would have added protection from most searches and subpoenas. You would normally get notice before the government searches or obtains those records and the government would have to wait up to 30 days before reviewing returned materials.
• If you are a third party (for example, a service provider) holding communications with Members or congressional employees: government requests that could return those communications would face the same limits unless the Member or employee is a criminal investigation target.
• If you are a law enforcement or government investigator: this bill creates new procedural steps, notice requirements, and review delays when seeking materials tied to Members or congressional employees, with limited exceptions for criminal investigations and urgent risks.

Expenses#

No publicly available information.

Proponents' View#

The bill’s sponsors say it will protect the separation of powers and end what they describe as "weaponized surveillance" of Members of Congress by limiting when agencies can seek congressional records and by requiring notice and review delays.

Opponents' View#

No publicly available information.