House Republicans Express Concern Over Funding Bill Amendment

Three Republican representatives have voiced their discontent regarding a last-minute amendment in the Senate-passed government funding bill. This addition would permit senators involved in the “Arctic Frost” investigation to sue the federal government retroactively for at least $500,000 each.

During a House Rules Committee hearing on Tuesday, Reps. Chip Roy (R-Texas), Morgan Griffith (R-Va.), and Austin Scott (R-Ga.) all criticized this new provision.

Rep. Scott highlighted the specific language in the amendment, which states, “Any senator whose Senate data… is obtained, 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 a federal department.” Each violation could result in at least $500,000, plus attorney fees and other costs.

Scott quickly expressed his reservations, querying the lack of prior discussion about the provision. “This language has not gone through any committee markup. It wasn’t shared with the House before being included in the bill,” he noted. “I personally believe it should be taken out.”

Rep. Roy shared similar concerns, arguing that the amendment’s last-minute insertion lacked proper consideration. He remarked, “People across the aisle were involved in this process, but many may view it as selfish and self-serving.”

This issue arises in the context of the investigation into the January 6, 2021, Capitol riot, during which former special counsel Jack Smith subpoenaed the phone records of eight Republican senators without advance notice. The senators affected included 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.).

Smith’s team defended his actions in a letter to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), clarifying that their subpoena simply sought toll records, which only provide call details rather than the content of conversations. They stressed that accusations of “wiretapping” were misleading.

Rep. Griffith, during the committee meeting, expressed skepticism about any senator running for re-election pursuing this case. “I think this issue will resolve itself,” he commented, adding that he wasn’t willing to prolong the government shutdown. “If needed, I’m prepared to vote later, but we should move forward.”

Despite these disagreements, Republican dissent isn’t likely to impact the House vote on the funding bill, which is set for Wednesday evening. Should they wish to eliminate this provision, it would need to be sent back to the Senate for consideration.