House moves to repeal controversial ‘Arctic Frost’ provision that allows GOP senators to seek $500,000 payouts

By Ellis Kim, Alison Main, Manu Raju, Morgan Rimmer, Ted Barrett, CNN

(CNN) — The House on Wednesday unanimously moved to repeal a controversial provision in the government funding law that allows senators to sue the Justice Department for up to $500,000 when their phone records are seized without their knowledge.

The provision, included in the legislation that ended the historic shutdown, requires senators be notified when federal investigators access their phone records, with some exceptions. If they’re not notified, the lawmakers can sue the federal government for up to $500,000 in damages for each violation.

House members publicly wary of the measure voted 426-0 to nullify the provision. But its future remains in doubt in the Senate, where Majority Leader John Thune had added it to the bill at the request of several members of his conference.

Tucked into one of the appropriations bills, the language comes after Senate Republicans released FBI records related to an investigation called “Arctic Frost,” which pertained to the fake elector scheme from 2020 where Donald Trump allies pressured GOP electors to register Electoral College votes for Trump from states that former President Joe Biden won.

It’s caused bipartisan furor on Capitol Hill and spotlighted a rare divide between the top Republican leaders. House Speaker Mike Johnson said he was blindsided by the measure, while Thune has resolutely stood behind it.

“We’re striking the provision as fast as we can, and we expect the Senate to move it,” Republican Rep. Chip Roy of Texas told CNN Tuesday. “We believe there’s a fairly sizable growing majority over there that believes that they should strike it.”

Some of the senators whose phone records were seized as part of Arctic Frost have tried to distance themselves from the legislation and say they won’t seek monetary damages.

Missouri GOP Sen. Josh Hawley called it a “bad idea.”

“I’m all for accountability. I mean, I had my phone tapped, so I’m all for accountability, don’t get me wrong, but I just, I think taking taxpayer money is not the way to do it. The way to do it is tough oversight,” he told reporters earlier Wednesday.

A spokesperson for another member, Sen. Dan Sullivan, told CNN last week he does not plan on suing and is supportive of the House effort to repeal the provision.

But at least one targeted senator is looking to reap gains.

Sen. Lindsey Graham on Wednesday said he plans on suing DOJ in his case for “far more” than $500,000, and advocated for expanding the measure to include private citizens.

“You want to make sure that people who are going to issue subpoenas in the future against private citizens to get their phone records without a court order, I mean, without a warrant, have to think twice, and if the government doesn’t pay, you’re going to get more of this,” he told CNN.

Sen. Mike Rounds, who was not one of the senators swept in Arctic Frost, explained that the measure was meant to “send a message to the administration that this can’t happen” in the wake of the news of then-special counsel Jack Smith’s subpoenas, though he predicted that many GOP senators would be “open for a reconsideration” depending on how the House approaches the issue.

Sen. Steve Daines, a Thune ally, said he doesn’t think House’s measure could pass the Senate, arguing that Smith’s move to obtain phone records of nine GOP lawmakers with grand jury subpoenas in his January 6 investigation was a “massive overreach.”

“My name is not on the list, so I don’t benefit from this. This seems to be a strong pushback. I think the provision that Leader Thune put in there was appropriate, and I stand by his leadership,” he added.

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CNN’s Arlette Saenz, Casey Riddle and Britney Lavecchia contributed to this report.