Congressional Records Protection Act of 2026

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.