Shutdown bill includes clause letting senators sue over phone-record seizures

WASHINGTON — The Senate’s bipartisan agreement to end the 42-day government shutdown has drawn fresh scrutiny for a little-noticed provision that allows U.S. senators to sue the federal government over the seizure of their phone and communications records — a measure that could personally benefit Tennessee Republicans Marsha Blackburn and Bill Hagerty.

The language, described by lawmakers and aides as the “Senate Data Protection Clause,” was added late in negotiations by Senate Majority Leader John Thune, R-S.D. The clause appears in the legislative-branch appropriations section of the bipartisan spending package for fiscal year 2026 that helped end the 42-day government shutdown.

The provision establishes new notification requirements and creates a private right of action allowing any senator to bring a civil lawsuit against the United States if “Senate data” — defined broadly as call records, metadata, or other communications from Senate-issued devices or accounts — is accessed or subpoenaed without notice.

It applies retroactively to January 1, 2022, and authorizes statutory damages of at least $500,000 per violation, plus attorneys’ fees and court costs. It also bars the federal government from asserting sovereign or qualified immunity as a defense.

The move follows disclosures that a group of eight Republican senators — including Blackburn and Hagerty — had their phone metadata subpoenaed in 2023 during Special Counsel Jack Smith’s investigation into efforts to overturn the 2020 election. The subpoenas, approved by a federal court and accompanied by nondisclosure orders, sought information on communications around the January 6 Capitol attack.

Neither Tennessee senator has announced any intent to pursue litigation under the new provision. Blackburn’s office has said the senator “will continue working to ensure no branch of government abuses its power,” while Hagerty has previously described the subpoenas as “an alarming intrusion on the legislative branch.”

Supporters say the clause strengthens privacy safeguards and prevents future overreach by federal investigators. Critics across party lines counter that it was quietly inserted into a must-pass spending bill and could grant a small group of senators large taxpayer-funded payouts while furloughed federal workers await back pay.

House Judiciary Ranking Member Jamie Raskin, D-Md., called the language “a breathtaking act of self-dealing,” comparing it to “writing yourself a check from the Treasury.” Some House Republicans, including Rep. Chip Roy of Texas, have also questioned its inclusion, calling it “self-serving” and urging leaders to remove it.

The White House has not publicly commented on whether President Trump supports the clause’s retention in the final legislation. The House is scheduled to vote on the funding bill today.