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1h ago

Senate Spending Deal Adds Right for Senators to Sue U.S. Over Improper Data Seizures

The add-on responds to GOP complaints about FBI access to senators’ phone metadata during Jack Smith’s investigation.

U.S. Sen. John Fetterman (D-PA) (L), one of eight Democrats to say he will vote with Republicans to open the government, speaks to reporters outside the Senate Chamber during votes on November 10, 2025 on Capitol Hill in Washington, DC.
Senate Majority Leader John Thune on Nov. 10, 2025 in the U.S. Capitol.
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Overview

  • The Senate passed a shutdown-ending package that includes a legislative-branch bill creating a civil cause of action for senators over improperly obtained Senate data, sending the measure to the House.
  • Under the provision, a senator may sue the United States for up to $500,000 per violation and has five years from learning of a breach to file.
  • The text bars federal officers from asserting absolute or qualified immunity and permits a notification delay of up to 60 days only in narrowly defined criminal-investigation circumstances.
  • The measure follows disclosures by Senator Chuck Grassley that the FBI analyzed call metadata for several Republican senators during the special counsel probe.
  • Senator Ted Cruz told POLITICO that John Thune inserted the language, and one outlet reports it is retroactive to 2022, a claim that awaits confirmation in final enacted text.