The Congressional Records Protection Act would prohibit federal and state government agencies from obtaining search warrants, subpoenas, court orders, or other legal processes to access records belonging to members of Congress or congressional employees, with limited exceptions. The bill applies to records created in the course of official duties and communications involving members or staff. The main exceptions allow authorities to obtain such records only when investigating a Member of Congress or congressional employee as a criminal suspect, or when seeking records from third parties about a congressional target of a criminal investigation. When records are obtained, government agencies must notify the affected member or employee within 10 days, and cannot review the materials for 30 days after notification, though courts can delay notification briefly if it would jeopardize an active criminal investigation. The bill aims to strengthen constitutional protections for congressional independence while maintaining law enforcement authority to investigate criminal activity.
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