Johnson says House will have standalone vote to strip controversial Senate provision from funding bill - ABC News

Thune was personally responsible for adding the text to the bill, sources told ABC News.

According to the bill text, senators may seek up to $500,000 in statutory damages if their phone records are subpoenaed without their knowledge.

The language is inside one of the three full-year spending bills that the Senate included in its government funding package. The House is expected to approve the bill as soon as Wednesday.

"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," the bill reads.

The language appears to be directly related to complaints by a group of Republican senators that their phone records were subpoenaed without prior notification by Smith as part of his investigation into the Jan. 6, 2021, attack on the U.S. Capitol.

Last month, attorneys representing Smith sent a letter to Grassley seeking to correct what they call "inaccurate" claims that Smith wiretapped or spied on Republican lawmakers as part of his investigation.

Smith's office sought limited phone toll data from the eight senators and a member of the House in the days surrounding Jan. 6.

While such records would not involve the content of any phone calls or messages, multiple Republicans on the committee incorrectly claimed at the hearing the next day that Smith had "tapped" their phones or "spied" on them.

The bill would likely open a pathway for the eight senators to seek damages from the government for Smith's action.

Graham said Wednesday he would "definitely" sue.