Editorial Notes
Codification

Section was formerly classified to section 61f–12 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

Amendments

2025—Subsec. (a)(2), (3). Pub. L. 119–37, § 213(a)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (5).

Subsec. (a)(4) to (7). Pub. L. 119–37, § 213(a)(1)(A), (D), added par. (4) and redesignated former pars. (3) to (5) as (5) to (7), respectively. Former pars. (6) and (7) redesignated (8) and (9), respectively.

Subsec. (a)(8). Pub. L. 119–37, § 213(a)(1)(A), (E), redesignated par. (6) as (8), struck it out, and added a new par. (8). Prior to amendment, such par. defined “Senate data”.

Subsec. (a)(9). Pub. L. 119–37, § 213(a)(1)(A), (F), redesignated par. (7) as (9), inserted “(without regard to whether the Senator is acting in his or her official capacity, including acting in a personal capacity and acting through his or her campaign for elected office)” after “a Senator” and “(whether acting in his or her personal or official capacity)” after “an officer of the Senate”, and substituted “(whether acting in his or her personal or official capacity); and” for period at end.

Subsec. (a)(10). Pub. L. 119–37, § 213(a)(1)(G), added par. (10).

Subsec. (c). Pub. L. 119–37, § 213(a)(3), added subsec. (c) and struck out former subsec. (c) which related to notification of legal processes seeking disclosure of Senate data.

Subsec. (d). Pub. L. 119–37, § 213(a)(3), added subsec. (d). Former subsec. (d) redesignated (e).

Subsecs. (e) to (i). Pub. L. 119–37, § 213(a)(2), redesignated subsecs. (d) to (h) as (e) to (i), respectively.

2020—Pub. L. 116–260 added subsecs. (a) to (g), redesignated former subsec. (b) as (h), and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “The Office of the Sergeant at Arms and Doorkeeper of the United States Senate, and any officer, employee, or agent of the Office, shall not be treated as acquiring possession, custody, or control of any electronic mail or other electronic communication, data, or information by reason of its being transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office.”

2007—Pub. L. 109–289, § 20701(c)(1), as added by Pub. L. 110–5, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment

Pub. L. 116–260, div. FF, title IV, § 401(b), Dec. 27, 2020, 134 Stat. 3135, provided that:

“(1)
In this subsection, the terms ‘Senate data’ and ‘Senate office’ have the meanings given such terms in section 10 of the Legislative Branch Appropriations Act, 2005 [2 U.S.C. 6628], as amended by subsection (a) of this section.
“(2)
The amendments made by this section shall—
“(A)
take effect as though included in the Legislative Branch Appropriations Act, 2005 (division G of Public Law 108–447; 118 Stat. 3166); and
“(B)
apply with respect to—
“(i)
any legal process seeking disclosure of Senate data of a Senate office that is filed, issued, or made on or after the date of enactment of this Act [Dec. 27, 2020]; and
“(ii)
any matter that is pending on or after the date of enactment of this Act that relates to legal process described in clause (i) that is filed, issued, or made before the date of enactment of this Act, unless the Senate data of the Senate office was disclosed in accordance with such legal process before the date of enactment of this Act.”

Effective Date of 2007 Amendment

Pub. L. 109–289, div. B, title II, § 20701(c)(2), as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 38, provided that: “The amendments made by this subsection [amending this section] shall take effect as though included in the Legislative Branch Appropriations Act, 2005 [Pub. L. 108–447, div. G].”

Limited Retroactive Applicability

Pub. L. 119–37, div. C, title II, § 213(b), Nov. 12, 2025, 139 Stat. 589, provided that:

“(1)
In general.—
The amendments made by this section [amending this section] shall apply to any acquisition, subpoena, search, accessing, or disclosure of Senate data (as defined in section 10(a) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 6628(a)), as amended by this section), and to any failure to disclose such an acquisition, subpoena, search, accessing, or disclosure, occurring on or after January 1, 2022.
“(2)
Period of limitations.—
“(A)
Definition.—
In this paragraph, the term ‘violation of section 10’ has the meaning given the term ‘violation of this section’ in subsection (d) of section 10 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 6628), as added by this section.
“(B)
Period.—
With respect to any violation of section 10 with respect to which the applicable Senator first obtained actual notice of the violation of section 10 before the date of enactment of this Act [Nov. 12, 2025], a civil action under subsection (d) of section 10 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 6628), as added by this section, may not be commenced later than 5 years after the date of enactment of this Act.”