Speaker of the House Mike Johnson, R-La., walks from the chamber to speak with reporters after the final vote to bring the longest government shutdown in history to an end, at the Capitol in Washington, Wednesday, Nov. 12, 2025. (J. Scott Applewhite/AP Photo)
Dubbed "Requiring Senate Notification for Senate Data," the provision would allow senators directly targeted in former special counsel Jack Smith’s Arctic Frost investigation to sue the U.S. government for up to $500,000.
House Appropriations Committee Chairman Tom Cole, R-Okla., who was involved in crafting part of the successful funding deal, told Fox News Digital he had even been afraid it could derail the final vote to end the shutdown.
"It had been added in the Senate without our knowledge," Cole said. "It was a real trust factor … I mean, all of a sudden, this pops up in the bill, and we're confronted with either: leave this in here, or we pull it out, we have to go to conference, and the government doesn't get reopened."
It was placed into the bill by Senate Majority Leader John Thune, R-S.D., and given the green light by Senate Minority Leader Chuck Schumer, D-N.Y., sources confirmed to Fox News Digital last week.
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Thune put the provision into the bill at the request of members of the Senate GOP, a source familiar with the negotiations told Fox News Digital, which included Sens. Lindsey Graham, R-S.C., and Sen. Ted Cruz, R-Texas.
It was a big point of contention when the House Rules Committee met to prepare the legislation for a final vote last Tuesday night. Reps. Chip Roy, R-Texas, Austin Scott, R-Ga., and Morgan Griffith, R-Va., all shared House Democrats’ frustration with the measure, but they made clear it would not stand in the way of ending what had become the longest shutdown in history.
Even Speaker Mike Johnson, R-La., appeared blindsided by the move.
"I had no prior notice of it at all," Johnson told reporters last week. "I was frustrated, as my colleagues are over here, and I thought it was untimely and inappropriate. So we'll be requesting, strongly urging, our Senate colleagues to repeal that."
Sen. Lindsey Graham, R-S.C. during a news conference at the U.S. Capitol on June 20, 2024 in Washington, D.C. (Anna Moneymaker/Getty Images)
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"I’d like for us to be able to defend our branch when DOJ gets out of control," he said.
Senate Majority Leader John Thune, R-S.D., similarly suggested to reporters on Wednesday that he was in favor of the measure.
"I would just say, I mean, you have an independent, co-equal branch of government whose members were, through illegal means, having their phone records acquired — spied on, if you will, through a weaponized Biden Justice Department," Thune said. "That, to me, demands some accountability."
He added, "I think that in the end, this is something that all members of Congress, both House and Senate, are probably going to want as a protection, and we were thinking about the institution of the Senate and individual senators going into the future."
Elizabeth Elkind is a politics reporter for Fox News Digital leading coverage of the House of Representatives. Previous digital bylines seen at Daily Mail and CBS News.
Follow on Twitter at @liz_elkind and send tips to elizabeth.elkind@fox.com
https://www.foxnews.com/politics/house-votes-repeal-controversial-arctic-frost-provision-from-government-shutdown-bill