House votes 426–0 to kill ‘senator surveillance’ payout language; Sullivan among those spied on

The US House of Representatives has voted 426-0 to strip a provision from the a continuing resolution that allowed lawmakers spied on by the President Joe Biden’s “Arctic Frost” spying program to seek damages. Two hundred-sixteen Republicans and 210 Democrats supported removing the clause, while three Republicans and four Democrats did not cast a vote. Congressman Nick Begich voted in favor of H.R.6019.

The provision, inserted into the CR to end a government shutdown, would have enabled US senators to sue the federal government for “$500,000 or the amount of actual damages” if their data was subpoenaed or seized without notification. It was prompted by disclosures about the Arctic Frost probe, in which phone “tolling” data from eight Republican senators’ personal cell phones for the period Jan. 4-7, 2021 was handed over to the Federal Bureau of Investigation without those senators’ knowledge. (Tolling data includes call metadata — who called whom, duration, approximate location — but not call content.)

The language would have allowed lawsuits in two major scenarios: if a nondisclosure or sealing order prevented notification of a senator or its office; or if Senate-data was acquired, subpoenaed, searched, accessed or disclosed without the required notice. The repeal bill now advances to the Senate, where Republicans are reportedly divided on whether to defend the provision or allow its removal. Among those targeted by Arctic Frost, some say they have no plans to seek damages, while others view the potential lawsuits as a deterrent.

Alaska’s delegation has particular relevance: Sen. Dan Sullivan was one of the senators whose data was probed in the investigation.

House leadership had earlier signaled their intent to remove the damages-provision. House Speaker Mike Johnson had called the inclusion of the provision “way out of line” and vowed the chamber would reverse it. On the Senate side, Majority Leader John Thune (R-S.D.) echoed concerns about federal-government weaponization and said the outcome would hinge on the Senate GOP caucus.

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