In a significant legislative move, Speaker Mike Johnson announced plans for the House to vote next week on repealing a controversial provision. This provision, included in a bill aimed at ending the government shutdown, permits senators to sue the government if their phone records are accessed without notification. Johnson expressed his shock and anger upon discovering this aspect of the bill.
Details of the Controversial Provision
The provision appears to benefit eight Republican senators. Their phone records were accessed during the FBI investigation related to the January 6, 2021, Capitol attack. Johnson stated that he was unaware of the provision until recently and has vowed to fast-track legislation to remove it.
- Senators affected include:
- Ron Johnson (Wisconsin)
- Lindsey Graham (South Carolina)
- Bill Hagerty (Tennessee)
- Josh Hawley (Missouri)
- Dan Sullivan (Alaska)
- Tommy Tuberville (Alabama)
- Cynthia Lummis (Wyoming)
- Marsha Blackburn (Tennessee)
- Rep. Mike Kelly (Pennsylvania) also had similar records disclosed.
Implications of the Lawsuit Provision
If successfully enacted, the provision allows senators to sue for damages if they are not informed of data access. The court could award a minimum of $500,000 or actual damages for each violation. This applies retroactively to any disclosures since January 1, 2022.
Reactions from Lawmakers
Johnson planned to pass the package for reopening the government quickly, bringing an end to a 43-day shutdown. However, he acknowledged the need for a stand-alone vote regarding the provision. Many Democrats and some Republicans criticized the provision as exclusive and inappropriate.
Senate leaders, including Chuck Schumer and John Thune, were involved in including the controversial language in the funding package. Sen. Martin Heinrich, a prominent Democrat, voiced his frustration about the lack of consultation regarding this provision. Despite initial support for the provision, Schumer has since aligned with Johnson’s effort to repeal it.
Next Steps for the House
Johnson emphasized the necessity of resolving the issue swiftly. He is calling for bipartisan support to repeal the provision, indicating that it is crucial to uphold the integrity of congressional oversight. As the House prepares for the upcoming vote, the future of this lawsuit provision remains uncertain.
