119th (2025–2027)
H.R. 9098
This bill, known as the Congressional Records Protection Act of 2026, creates new legal protections limiting how federal, state, and local government agencies can obtain records belonging to members of Congress and their staff. Under the bill, investigators generally cannot use warrants, subpoenas, court orders, or similar legal tools to gather communications or records connected to lawmakers or congressional employees unless that person is specifically the target of a criminal investigation backed by a judge's certification of probable cause. When such records are sought, the affected member of Congress or staffer must typically be notified before or shortly after the action, though notice can be delayed up to 10 days if a judge finds it necessary to protect safety, prevent evidence tampering, or avoid jeopardizing the investigation. The bill also requires a court-appointed special master to review any communications records tied to a criminal probe, filtering out constitutionally privileged material before anything is handed over to investigators. These protections apply broadly to current and former members of Congress and congressional staff, covering both official records and personal communications tied to their government service, and are intended to reinforce the constitutional separation of powers between Congress and law enforcement agencies. The bill does not include specific funding provisions, as it primarily establishes new legal procedures and restrictions rather than creating or funding new programs.