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New Mexico lawmakers introduce bills to repeal US Senate payout provision

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Teresa Leger Fern谩ndez
Teresa Leger Fern谩ndez
U.S. Sen. Martin Heinrich
Martin Heinrich

New Mexicans are leading bills in Congress to reverse a measure that allows U.S. senators to sue the government and receive $500,000 or more for subpoenaed phone records.

A stopgap funding bill signed into law last week ended the longest government shutdown in U.S. history. It also included a provision that requires the FBI and the Justice Department to notify Congress when a senator is under investigation and if their personal information is being subpoenaed. The controversial provision allows senators to sue the Justice Department and receive $500,000 in compensation for proven violations.

Eight Republican senators could benefit from the provision, as their phone records were subpoenaed during a federal investigation for an election interference case against President Donald Trump.

Rep. Teresa Leger Fern谩ndez, D-N.M., introduced a bill in the House to repeal the provision, as did Republican Rep. Austin Scott of Georgia. Scott鈥檚 bill seems likely to pass, Leger Fern谩ndez said.

The provision 鈥渋s corruption dressed up as legislation,鈥 she said.

Leger Fern谩ndez attempted to amend the stopgap funding bill before it passed the House last week to remove the provision. Every member of New Mexico鈥檚 congressional delegation voted against the funding bill because it did not address expiring health insurance subsidies.

鈥淭hey are willing to give themselves millions when they were not willing to do a tax credit for working families to help them with health insurance,鈥 Leger Fern谩ndez said.

So far, Sens. Martin Heinrich, D-N.M., and Mark Kelly, D-Ariz., are leading the only bill in the Senate to repeal the measure.

鈥淣egotiating a $500,000 windfall for yourself while refusing to help everyday Americans is wrong and deserves to be called out,鈥 Heinrich said in a statement.

There are some differences between the three bills, although all three would largely accomplish the same goal. The Republican-led House bill would be effective upon the date it passed, Heinrich鈥檚 Senate bill would be effective retroactively to the date of the stopgap funding bill鈥檚 passage, while Leger Fern谩ndez鈥檚 bill includes a requirement that any senator who received a violation payment would have to return it.

Heinrich鈥檚 bill has 27 cosponsors, Scott has gathered 37 cosponsors and Leger Fern谩ndez鈥檚 bill also has 37. Leger Fern谩ndez said she is willing to vote for Scott鈥檚 bill.

Sen. Lindsey Graham, R-S.C., is one of the eight senators who the provision could already apply to and has said he plans to file a lawsuit.

鈥淚f you think I鈥檓 going to settle this thing for a million dollars, no. I鈥檓 going to make it so painful no one ever does this again,鈥 Graham told reporters last week, saying the change would protect the Senate into the future.

Other senators who the legislation could already apply to have said they do not plan to seek damages, like Sen. Bill Hagerty, R-Tenn.

鈥淚 do not want and I am not seeking damages for myself paid for with taxpayer dollars,鈥 Hagerty said in a statement on social media. Although he remains critical of the federal investigation into 2020 election interference, calling it an 鈥渁buse of power.鈥