House Republicans are fuming after discovering a provision buried in the government funding deal that could hand certain GOP senators a six-figure payday.
Oklahoma Republican Rep. Tom Cole told reporters he was “surprised” to learn the shutdown deal included language allowing senators to sue the federal government for secretly accessing their phone or email records.
“Did I know about this provision in the bill? No,” Cole, who is also House Appropriations Chair, said. “Do I think it needs to be in a funding bill? Not particularly.”
Georgia Rep. Austin Scott echoed the frustration, saying Senate leaders had kept the House in the dark. “I don’t think that Senate leadership shared with the leadership of the House what they were doing,” he said.
The controversial clause, tucked into the legislative branch funding bill the Senate passed Monday, would let senators collect up to $500,000 in damages if their data was searched without notice—a perk that applies retroactively to 2022, Politico reported.
That timing conveniently covers Special Counsel Jack Smith’s investigation into the Jan. 6 Capitol riot, during which the FBI reportedly obtained the phone records of nine Republican lawmakers. Those affected could include Sens. Lindsey Graham, Josh Hawley, Tommy Tuberville, Ron Johnson, and others. Rep. Mike Kelly was also among the group, though as a House member, he wouldn’t qualify for the payout.
Eight Democrats—Sens. Catherine Cortez Masto, Dick Durbin, John Fetterman, Maggie Hassan, Tim Kaine, Angus King, Jacky Rosen, and Jeanne Shaheen—joined Republicans in approving the measure to end the shutdown.
The new rule makes it a legal violation if a senator’s data is accessed without notice, though a delay is allowed if the senator is a target of a criminal probe. It also allows successful plaintiffs to recover attorney’s fees and other litigation costs.
“Any Senator whose Senate data… has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States,” the provision reads.
The measure appears aimed squarely at Smith’s team, which lawmakers claim secretly seized their phone data as part of “Arctic Frost,” the special counsel’s investigation into Donald Trump’s efforts to overturn the 2020 election. Graham and others have accused the Biden administration of “spying” on conservatives.
Lawyers for Smith have denied any wrongdoing, saying the subpoenas were lawful and necessary.
