The provision empowers senators to sue the federal government for damages of at least $500,000 if investigators obtained their phone records or other data without notifying the targeted lawmakers. The language applies retroactively, making eligible Graham and other Republicans whose records the Justice Department obtained as part of its investigation into President Donald Trump’s lawless attempt to subvert the results of the 2020 election.

Graham has openly vowed to take advantage of the provision, saying in an interview earlier this week that he intends to “sue the hell out of” the Justice Department for “tens of millions of dollars.”

Rep. Don Beyer (D-Va.) said in response that Graham “may be upset, but he’s not entitled to millions of taxpayer dollars.”

“Republican senators’ secret provision making themselves eligible multimillion-dollar payouts is just corrupt,” said Beyer.

So far, despite mounting criticism from members of his own party, Thune appears bent on upholding the provision. The Republican senators positioned to benefit from the measure are Marsha Blackburn and Bill Hagerty of Tennessee, Josh Hawley of Missouri, Dan Sullivan of Alaska, Tommy Tuberville of Alabama, Ron Johnson of Wisconsin, and Cynthia Lummis of Wyoming.