A legislative package to end the prolonged government shutdown includes a provision allowing senators to sue the federal government for up to $500,000 per violation if their data is seized without notification.
The measure applies retroactively to incidents from January 2022, potentially covering actions during special counsel Jack Smith's investigation into the 2020 election and January 6, 2021, Capitol events.
In 2023, the FBI obtained limited toll records — detailing call participants and durations but not contents — from eight Republican senators and one congressman via subpoena.
Affected senators include Lindsey Graham, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson, Cynthia Lummis, and Marsha Blackburn, plus Representative Mike Kelly.
The bill mandates service providers notify Senate offices and the sergeant at arms of federal data requests, barring court-ordered delays unless the senator is a criminal target.
Senators may file civil actions against the United States for violations by federal officers, employees, or agents, with claims possible up to five years after awareness.
The government cannot invoke certain immunities and may defend by proving a senator was under investigation with delayed notification.
Justice Department options include settling lawsuits instead of litigation.
Republican senators accused the prior administration of weaponizing the Justice Department.
"We will not rest until justice is served and those who were involved in this weaponization of government are held accountable," Republican Senator Marsha Blackburn said in a statement.
Democrats criticized the provision as enabling taxpayer-funded payouts to select Republicans.
The records stemmed from Smith's probe into efforts to delay Electoral College certification, which concluded without trial after the 2024 election.