House Speaker Mike Johnson (R-La.) announced on Nov. 12 that the House will soon vote on legislation to repeal a provision of a deal to end the shutdown that allows senators to sue if the government illegally obtains their electronic records.
The provision in question creates a civil right of action to sue the U.S. government if a senator’s digital data, generated in the course of their official duties, is illegally accessed by the Executive Branch. Senators could recover a minimum of $500,000 per violation.
Congress passed the measure on Wednesday as part of a legislative package to reopen the government.
“House Republicans are introducing standalone legislation to repeal this provision that was included by the Senate in the government funding bill. We are putting this legislation on the fast track suspension calendar in the House for next week,” Johnson wrote on social media.
The provision was inserted into the government funding bill at the behest of several Republican senators whose phone data was accessed by the Department of Justice under the Biden administration during Special Counsel Jack Smith’s “Arctic Frost” probe and criminal investigation of President Donald Trump’s efforts to overturn the results of the 2020 election.
The senators whose data was accessed include Sens. Marsha Blackburn (R-Tenn.), Lindsey Graham (R-S.C.), and Cynthia Lummis (R-Wyo.).