H.R. 9098: Congressional Records Protection Act

The bill titled the Congressional Records Protection Act aims to create legal protections for the records of Members of Congress and their employees. Here are the main points of the bill:

1. Prohibition on Obtaining Records

The bill introduces a new chapter in Title 18 of the United States Code, specifically prohibiting governmental entities from obtaining certain records related to Members of Congress or congressional employees. This includes:

• Seeking or obtaining search warrants, grand jury subpoenas, court orders, or other legal authorizations that might return covered material.
• Issuing administrative orders that could lead to the retrieval of such records.

This prohibition, however, does not apply if the Member of Congress or congressional employee is the target of a criminal investigation or if third-party records are sought that pertain to them in such an investigation.

2. Notification Requirements

Governmental entities that execute search warrants or related orders must notify the affected Member of Congress or congressional employee:

• Before or at the same time as executing such orders or warrants.
• As soon as practicable after executing an order that unexpectedly returns covered material.

There are exceptions to this notice requirement if the delay in notification would jeopardize an investigation or endanger any person.

3. Delayed Review

The bill also includes provisions for delaying the review of any materials that contain covered material. Specifically:

• Governmental entities cannot review such materials for 30 days following the notification.
• If covered materials are found unexpectedly, the review must cease until after the required notification period.

Again, exceptions are made where a 30-day delay would pose immediate risks to life or serious bodily injury.

4. Definitions

To clarify the terms used in the bill:

• Congressional employee: Includes current and former employees of Congress.
• Covered material: Refers to records created or received by Members of Congress or their employees in their official capacities, such as emails, written documents, and electronic communications.
• Governmental entity: Encompasses any federal or state department or agency.
• Target of a criminal investigation: Defined as someone the government believes has committed a crime, requiring a judge's certification in cases involving Members of Congress or their employees.

5. Other Provisions

The bill emphasizes that this act should not diminish any other constitutional protections concerning the legislative process and clarifies terms relevant to the bill's implementation.

Relevant Companies

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