Conservative House Republicans expressed fury Tuesday night over a multi-million dollar provision benefiting eight GOP senators that was tucked into legislation to end the longest government shutdown in U.S. history, yet conceded they had no alternative but to advance the bill despite their objections.
Last-Minute Provision Sparks Bipartisan Backlash
During a House Rules Committee meeting to prepare for Wednesday's crucial vote, both Democratic and Republican members repeatedly condemned what many characterized as a senator payday provision. Rep. Austin Scott (R-Ga.) read sections of the provision from the dais with apparent disbelief, questioning how senators could draft legislation that so directly rewarded themselves.
"I personally agree this should be removed," Scott stated. "The problem is, if we remove it, it has to go back to the Senate." The Georgia Republican acknowledged his internal conflict, adding: "I've struggled with what to do. What they did is wrong." He emphasized that the provision had been inserted at the final moment without any committee review in either congressional chamber.
Rep. Chip Roy (R-Texas) echoed these concerns, describing the measure as "self-serving, self-dealing kind of stuff" that "needs to get fixed as soon as possible." However, he cautioned that eliminating the provision would inevitably prolong the government shutdown, since the Senate would need to reapprove the legislation before sending it to the president for signature. The Senate had already adjourned on Monday following the bill's passage after a 41-day legislative stalemate primarily concerning health care policies.
Controversial Provision Targets Phone Record Investigations
The disputed provision, apparently included at the direction of Senate Majority Leader John Thune (R-S.D.), specifically grants U.S. senators the authority to sue the government if their office phone records were obtained without notification by the Justice Department. Notably, this right would not extend to members of the House of Representatives.
The measure, which would be retroactive to 2022, appears designed to benefit Republican senators whose phone records were obtained in 2023 during the Justice Department's investigation into former President Donald Trump's efforts to overturn the 2020 presidential election results. The investigation's acquisition of Senate phone records was publicly revealed last month by Sen. Chuck Grassley (R-Iowa).
The legislative text explicitly states: "Any Senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee, or agent of the United States or of any Federal department or agency."
Eight Senators Eligible for Substantial Payouts
The eight Republican senators who would likely qualify to file claims under this provision include: Lindsey Graham (R-S.C.), Bill Hagerty (R-Tenn.), Josh Hawley (R-Mo.), Dan Sullivan (R-Alaska), Tommy Tuberville (R-Ala.), Ron Johnson (R-Wis.), Cynthia Lummis (R-Wyo.) and Marsha Blackburn (R-Tenn.).
Rep. Teresa Leger Fernández (D-N.M.) highlighted on Tuesday that the bill authorizes $500,000 in damages for each violation. Since the Justice Department accessed data logs from some senators multiple times during its inquiry, the total government liability could substantially exceed initial estimates. Fernández introduced an amendment to remove the provision from the bill, but Republicans are expected to reject it.
"The bottom line is, if we amend this bill with anything at all we risk extending the shutdown," Scott explained, summarizing the political dilemma facing lawmakers.
Rep. Jamie Raskin (D-Md.), the ranking Democrat on the House Judiciary Committee, issued a comprehensive statement Tuesday afternoon condemning the payout provision as "blatantly corrupt" and characterizing it as a raid on public resources.
"If it were to pass, this astounding provision would give eight Republican Senators a personal payday of at least one million dollars each paid for directly by U.S. taxpayers," Raskin declared. "This jackpot is being set up at the same time Republicans throw millions of Americans off Medicaid and deny millions more a tax credit that helps make premiums for health insurance more affordable."
Attorneys for Jack Smith, the former special counsel who led the investigation into Trump's attempts to retain power after losing the 2020 election, defended the Justice Department's actions as legally authorized tactics to comprehend Trump and his allies' activities surrounding the January 6, 2021 Capitol attack. Multiple GOP senators maintained frequent contact with Trump during this period, including Johnson and Lee, who supported his challenges to the election outcome.
Rep. Tom Cole (R-Okla.), addressing the Rules Committee as a senior appropriator, acknowledged the provision's inappropriate nature but argued against amending the legislation and delaying government reopening.
"I was surprised to see it in the bill. I was unaware of it," Cole admitted. "Do I think it needs to be in a funding bill? Not particularly. But do I think getting the government open is important? Yes, I do."
