House Republicans are planning to fast-track a vote next week to repeal a provision in the spending deal they’re about to pass that would give eight GOP senators whose phone records were secretly disclosed the ability to recover half a million dollars in damages.
The provision has drawn rebukes from House Republicans and Democrats alike.
The House doesn’t want to take the time to remove the provision from the spending package before passing it on Wednesday because that would delay the reopening of the government, which has been shut down for 43 days.
However, House Speaker Mike Johnson, Louisiana Republican, announced a plan to advance standalone legislation to do so next week.
“House Republicans are introducing standalone legislation to repeal this provision that was included by the Senate in the government funding bill,” he said on social media. “We are putting this legislation on the fast track suspension calendar in the House for next week.”
Bills put on the suspension calendar require a two-thirds majority to pass.
The spending deal senators negotiated includes a provision to protect senators from having their phone records disclosed without their knowledge and to give them the ability to sue the government for damages in the event of a violation.
Senate Judiciary Republicans uncovered a document from the Biden-era FBI’s Arctic Frost investigation into President Trump’s challenges to the 2020 election results, which showed the agency had secretly obtained call records for eight Republican senators from January 2021.
The provision added to the spending package says that electronic communications providers must notify Senate offices they serve if they receive a subpoena or another legal request for Senate data. It does allow prosecutors to obtain court approval for delaying the notice if the senator is a target of a criminal investigation.
If the notification requirement is violated in relation to federal investigations, senators can sue for up to $500,000 in damages. The language would apply retroactively to 2022, thus allowing the eight senators whose phone records were disclosed in the Arctic Frost investigation to seek a government payout.
Senate Majority Leader John Thune, South Dakota Republican who secured the provision, said that while spurred by the Justice Department’s action, the remedy is designed to protect senators in both parties.
Mr. Johnson told reporters the addition of the provision was “way out of line” and he spoke with Mr. Thune Wednesday morning in which they had an “honest conversation” about it.
“We had no idea that was dropped in at the last minute,” he said. “And I did not appreciate that, nor did most of the House members. Many of them are very angry about it.”
The speaker said he believes Mr. Thune “regretted the way it was done.” He didn’t ask him to commit to holding a vote on repealing it but said he hopes senators will do so.
Rep. Greg Stuebe, Florida Republican, voted against the spending deal over the provision and said Mr. Johnson’s plan for a separate vote to repeal it won’t have an impact if the Senate won’t take it up.
“This is precisely why you shouldn’t let the Senate jam the House,” he said.
