2 USC 6628 - Treatment of electronic services provided by Sergeant at Arms

U.S Code last checked for updates: Dec 12, 2025

§ 6628.

Treatment of electronic services provided by Sergeant at Arms

(a)

In general

In this section—

(1)

the term “agent of the Office of the SAA” includes a provider of electronic communication service or remote computing service commissioned or used through the Office of the SAA by a Senate office to provide such services to the Senate office;

(2)

the term “covered data” means any electronic mail or other electronic or data communication, other data (including metadata), or other information;

(3)

the term “electronic communication service” has the meaning given that term in section 2510 of title 18;

(4)

the term “legal process” does not include a subpoena issued in accordance with the Rules of Procedure of the Select Committee on Ethics of the Senate;

(5)

the term “Office of the SAA” means the Office of the Sergeant at Arms and Doorkeeper of the Senate;

(6)

the term “provider for a Senate office” means a provider of electronic communication service or remote computing service directly commissioned or used by a Senate office to provide such services;

(7)

the term “remote computing service” has the meaning given that term in section 2711 of title 18;

(8)

the term “Senate data”, with respect to a Senate office—

(A)

means covered data of the Senate office; and

(B)

with respect to an individual described in paragraph (9) acting in a personal capacity, only means covered data that is transmitted, processed, or stored through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, by—

(i)

a provider for the Senate office, if the Senate office or the Office of the SAA has notified the provider for a Senate office that the applicable device or account is a device or account of the Senate office; or

(ii)

the Office of the SAA or an officer, employee, or agent of the Office of the SAA, if the Senate office has notified the Office of the SAA that the applicable device or account is a device or account of the Senate office;

(9)

the term “Senate office” means a committee or office of the Senate, including a Senator (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), an officer of the Senate (whether acting in his or her personal or official capacity), or an employee of, intern at, or other agent of a committee or office of the Senate (whether acting in his or her personal or official capacity); and

(10)

the term “target of a criminal investigation” means a person—

(A)

as to whom the prosecutor or the grand jury has substantial evidence linking that person to the commission of a crime;

(B)

who, in the judgment of the prosecutor, is a putative defendant; and

(C)

whom the prosecutor, before the date of the acquisition, subpoena, search, accessing, or disclosure of the Senate data at issue, has formally designated as a target in official records, which shall not include any such designation that was made after such date that purports to be retroactive.

(b)

Treatment

(1)

Retaining possession

(A)

In general

(B)

Rule of construction

(2)

Sergeant at Arms and providers for a Senate office

(c)

Notification

(1)

By providers

(A)

In general

(B)

No limitations on notice

(C)

Limitation on liability

(2)

By SAA

(A)

In general

(B)

No limitations on notice

(C)

Limitation on liability

(3)

Special rule for target and non-target investigations

(A)

Target investigations

(i)

In general

If a Senator is a target of a criminal investigation, a court may, upon application by the United States, issue an order delaying the notice required under this subsection with respect to an acquisition, subpoena, search, accessing, or disclosure of Senate data in connection with such investigation for a period of not more than 60 days if the court determines that there is reason to believe that providing notice would—

(I)

endanger the life or physical safety of any person;

(II)

result in flight from prosecution;

(III)

result in destruction of or tampering with evidence;

(IV)

result in intimidation of potential witnesses; or

(V)

otherwise seriously jeopardize an investigation or unduly delay a trial.

(ii)

Renewal

(B)

All other investigations

(d)

Private cause of action

(1)

Definitions

In this subsection:

(A)

Instance

The term “instance”, with respect to a violation of this section, means each discrete act constituting a violation of this section, including each individual—

(i)

device, account, record, or communication channel subject to collection in a manner in violation of this section;

(ii)

nondisclosure order or judicial sealing order sought, maintained, or obtained; or

(iii)

search conducted.

(B)

Violation of this section

The term “violation of this section” means—

(i)

the seeking, maintaining, or obtaining of a nondisclosure order or judicial sealing order to prevent notification of a Senator, a Senate office, or the Office of the SAA as required under subsection (c); or

(ii)

Senate data was acquired, subpoenaed, searched, accessed, or disclosed pursuant to a search, seizure, or demand for information without notice being provided as required under subsection (c).

(2)

Cause of action

(3)

Relief

(A)

In general

If a Senator prevails on a claim under this subsection, the court shall award—

(i)

for each instance of a violation of this section, the greater of statutory damages of $500,000 or the amount of actual damages;

(ii)

reasonable attorney’s fees and costs of litigation; and

(iii)

such injunctive or declaratory relief as may be appropriate.

(B)

Preliminary relief

(4)

Limitations and immunity

(A)

Period of limitations

(B)

No immunity defense

(5)

Waiver of sovereign immunity

(6)

Affirmative defense for target investigations

It shall be an affirmative defense to an action under this subsection if the United States establishes that each of the following requirements are met:

(A)

At the time the Senate data was acquired, subpoenaed, searched, accessed, or disclosed, the Senator bringing the action was a target of a criminal investigation.

(B)

A Federal judge issued an order authorizing a delay of notice to the Senator under subsection (c)(3)(A), based on written findings meeting the requirements of such subsection.

(C)

The United States complied with the order described in subparagraph (B), including that the delay of notice did not exceed the period authorized by the court.

(D)

Any related subpoena of, warrant relating to, or access to Senate data was carried out strictly within the temporal and subject-matter scope authorized by the order, if any, authorizing the subpoena, warrant, or access.

(7)

Construction

Nothing in this subsection shall be construed to—

(A)

limit or impair the constitutional protections afforded to Members of Congress, including to protections under article I, section 6, clause 1 of the Constitution of the United States (commonly known as the “Speech or Debate Clause”); or

(B)

restrict the authority of the Senate or any Senate office to intervene in or defend against any legal process seeking disclosure of Senate data.

(e)

Motions to quash or modify

(f)

Information regarding implications of using providers

(g)

Applicable privileges

(h)

Preemption

(i)

Effective date

(Pub. L. 108–447, div. G, title I, § 10, Dec. 8, 2004, 118 Stat. 3170; Pub. L. 109–289, div. B, title II, § 20701(c)(1), as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 38; Pub. L. 116–260, div. FF, title IV, § 401(a), Dec. 27, 2020, 134 Stat. 3134; Pub. L. 119–37, div. C, title II, § 213(a), Nov. 12, 2025, 139 Stat. 585.)

cite as: 2 USC 6628

Get the CustomsMobile app!