The provision, part of a broader bill that will reopen the government and fund most agency operations into January, would require Senate offices to be notified if federal law enforcement seeks phone records from an official Senate office. Failure to notify would give senators a chance to sue.

"Any Senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee, or agent of the United States or of any Federal department or agency," the bill text says.

The eight senators are Lindsey Graham (R-S.C.), Bill Hagerty (R-Tenn.), Josh Hawley (R-Mo.), Dan Sullivan (R-Alaska), Tommy Tuberville (R-Ala.), Ron Johnson (R-Wis.), Cynthia Lummis (R-Wyo.) and Marsha Blackburn (R-Tenn.). Investigators also obtained phone records for Rep. Mike Kelly (R-Pa.), but the legislation doesn't create a cause of action for House members. None of the lawmakers were charged with crimes or were known to be the targets of a criminal investigation.