Senate Republicans secured a provision in the bipartisan, shutdown-ending government funding package that could award senators hundreds of thousands of dollars for having their phone records collected without their knowledge as part of a Biden-era investigation.

That legislative language came directly from Senate Majority Leader John Thune.

In an interview Monday evening, Sen. Ted Cruz (R-Texas) — who claims he was one of the lawmakers to have his data subpoenaed as part of former special counsel Jack Smith’s investigation into President Donald Trump’s efforts to subvert the 2020 election — said Thune was responsible for the inclusion of provision.

“Leader Thune inserted that in the bill to provide real teeth to the prohibition on the Department of Justice targeting senators,” Cruz said.

A person close with direct knowledge of the legislation’s negotiations, granted anonymity to speak candidly, confirmed Thune oversaw the inclusion of the provision. It was tucked into the legislative branch spending measure for fiscal year 2026, part of a three-bill “minibus” of appropriations measures that Senators were set to vote on Monday night alongside a continuing resolution to fund the government through Jan. 30. The House is expected to clear the package for President Donald Trump's signature as early as Wednesday.

Thune’s involvement is notable as the revelations that Smith collected phone records for several Senate Republicans has emboldened GOP lawmakers, prompting them to deflect Democrats’ accusations of weaponization of the Trump Justice Department and claim that President Joe Biden’s DOJ was looking to target conservatives.

“The abuse of power from the Biden Justice Department is the worst single instance of politicization our country has ever seen,” he continued. “I think it is Joe Biden's Watergate, and the statutory prohibition needs to have real teeth and real consequences.”

Senate and House Judiciary Committee Republicans are now demanding answers from Smith, with Senate Judiciary Chair Chuck Grassley of Iowa seeking information from the administration relating to the probe and House Judiciary Chair Jim Jordan of Ohio calling on Smith to sit for a transcribed interview.

Smith has said he is eager to appear before lawmakers in an open forum.

The provision states that electronic services providers must notify a Senate office if the provider receives a request to disclose the data from that senator, or senator’s office. Moreover, the legislative language stipulates that the provider cannot be barred from notifying the senate office under a court order, though that notification may be delayed in the event the senator in question is under criminal investigation.