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Washington — Most of the Republican senators whose phone records were obtained by investigators as part of special counsel Jack Smith's 2020 election probe said they won't seek damages under a new law that if their data is unknowingly seized.

The provision was tucked into an appropriations bill that passed as part of the legislative package to end the . It allows senators to seek monetary damages if federal law enforcement obtains their data without meeting strict notification requirements, and applies retroactively to 2022.

The new law came in response to GOP senators' release of an FBI document in October that showed investigators obtained records in 2023 about phone calls that eight senators and one House member made in the days surrounding the Jan. 6, 2021, attack on the Capitol. The revelation infuriated Republican senators, who said the Justice Department under the Biden administration was targeting GOP lawmakers for political purposes with the investigation, dubbed Arctic Frost.

According to the FBI document, the agency collected "limited toll records." Toll records include information like which numbers participated in a call and how long it lasted, but not the actual contents of the conversation.  

In an Oct. 21 , attorneys for Smith defended his actions as "entirely lawful, proper and consistent with established Department of Justice policy." Smith's lawyers have also previously said he would like to about the two Trump investigations he oversaw.

The provision in the shutdown deal requires service providers to notify Senate offices and the Senate sergeant at arms if federal law enforcement requests data from the lawmakers' offices, with some exceptions if the senators are targets of criminal investigations. Senators can pursue damages of $500,000 if law enforcement seeks an order blocking notification or if the data is obtained without notice.

Proponents of the legislation have argued that the steep penalty is necessary to deter future abuses by the executive branch, framing the law as a way to protect the Senate as an institution.

But the prospect of senators reaping a windfall of taxpayer money under legislative language they inserted at the last minute angered many House Republicans, who said they felt blindsided. House Speaker Mike Johnson said the lower chamber would fast-track a bill to repeal the lawsuit provision, calling it "way out of line." GOP Rep. Greg Steube of Florida cited the law as his reason for voting against the funding bill, saying it was a "self-indulgent legal provision for certain senators to enrich themselves."

But most of the senators whose phone records were searched are saying they will not be seeking damages under the law.

The eight senators whose records were seized in 2023 are Marsha Blackburn of Tennessee, Lindsey Graham of South Carolina, Bill Hagerty of Tennessee, Josh Hawley of Missouri, Ron Johnson of Wisconsin, Cynthia Lummis of Wyoming, Dan Sullivan of Alaska and Tommy Tuberville of Alabama.

Five of them — Hagerty, Blackburn, Johnson, Hawley and Sullivan — indicated on Thursday that they have no plans to pursue compensation.

"I am for accountability for Jack Smith and everyone complicit in this abuse of power. I do not want and I am not seeking damages for myself paid for with taxpayer dollars," Hagerty , adding that he believes Smith "should be in jail."

Blackburn said in a statement to Autos News that she would "support the effort to reverse" the language in the bill if it comes before the Senate.

"This fight is not about the money; it is about holding the left accountable for the worst weaponization of government in our nation's history," Blackburn said. "If leftist politicians can go after President Trump and sitting members of Congress, they will not hesitate to go after American citizens."

Blackburn  in late October that she would be taking legal action against the Justice Department over the phone records. But a spokesperson said Thursday that her plan "has always been to seek a declaratory judgment — not monetary damages — to prevent leftists from violating the constitutional rights of conservatives."

Asked if he would seek damages for the phone records search, Johnson said in a statement to Autos News: "I have no plans at this time. If I did sue, it would only be for the purpose of using the courts to expose the corrupt weaponization of federal law enforcement by the Biden and Obama administrations. With the full cooperation in our congressional investigations from the Trump DOJ and FBI, that shouldn't be necessary."

Hawley called the revelations over the phone records "outrageous" but said that he prefers other avenues of accountability.

"I think the Senate provision is a bad idea," he said in a statement. "There needs to be accountability for the Biden DOJ's outrageous abuse of the separation of powers, but the right way to do that is through public hearings, tough oversight, including of the complicit telecomm companies, and prosecution where warranted."

Sullivan's office said the Alaska Republican "first learned about this provision when he and his staff were reading the bill to reopen the government." 

"He does not plan on suing and is supportive of the House bill to repeal the provision," the statement from Sullivan's office said.

At least one senator whose records were seized indicated that he plans to seek monetary damages under the law. Graham in South Carolina on Wednesday that he is "going to pursue, through the court system, remedies."

"I'm very much for the idea [that] if you've been wronged there should be a remedy," Graham said.

"Will you be filing a lawsuit?" a reporter asked.

"Oh, definitely. And if you think I'm going to settle this thing for a million dollars — no," the South Carolina Republican said. "I want to make it so painful no one ever does this again."

Tuberville indicated in a on Thursday afternoon that he would also pursue lawsuits if action is not taken against Smith and Judge James Boasberg, who oversaw the Smith probe. 

"Judge Boasburg who granted the Biden DOJ the authority to spy on the phones of Senators should be IMPEACHED. And Jack Smith who ordered my phone to be surveilled needs to be DISBARRED and THROWN IN JAIL," the Alabama Republican wrote. "If they aren't, I will sue the living hell out of every Biden official involved in this to make sure this NEVER happens to a conservative again."

Tuberville's statement did not say whether he would pursue damages.

A spokesperson for Lummis did not immediately respond to a requests for comment about whether she will seek damages under the new law.