House Republicans have expressed strong frustration over a controversial provision in the Senate’s recently passed government funding bill that grants senators the right to sue the U.S. government for damages tied to the ‘Arctic Frost’ probe, an investigation into their phone records. Three prominent House Republicans—Reps. Chip Roy, R-Texas; Morgan Griffith, R-Va.; and Austin Scott, R-Ga.— voiced their concerns during a House Rules Committee hearing on Tuesday, criticizing the last-minute amendment as an unfair and partisan move. The provision, which was added without prior consultation with the House, allows any senator whose phone records were accessed by the government without prior notice to file a lawsuit for at least $500,000 in damages per violation.
Scott emphasized that the language of the provision was not subject to any formal committee review or discussion within the House. He argued that the provision should be removed from the bill, calling it an example of self-serving legal action that does not reflect the broader legislative process. Roy echoed these concerns, stating that the insertion of the provision at such a late stage is unwise and lacks proper deliberation. He warned that the provision could be perceived as a move motivated by political interests rather than a genuine effort to address legal concerns.
The ‘Arctic Frost’ investigation, led by former Special Counsel Jack Smith, has drawn controversy for accessing the phone records of eight Republican senators without notifying them. Smith’s office has defended its actions, clarifying that the toll records obtained from the senators only contain call routing information and not the content of their conversations. Despite this, the provision has raised concerns about potential misuse, particularly if a senator stands to gain financially from filing a claim. Rep. Griffith suggested that senators who plan to run for re-election are unlikely to pursue legal action, implying that the provision may resolve itself without further controversy.
While the provision has drawn bipartisan criticism, some lawmakers, both Democrats and Republicans, have supported the measure as a way to address potential government overreach. Nonetheless, GOP frustration over the provision is unlikely to impact the House vote on the funding bill, which is scheduled to take place on Wednesday night. If Republicans wish to remove the provision, they would need to push the bill back to the Senate for approval, a process that is expected to be time-consuming and logistically challenging.