‘Corruption of the highest degree’: Heinrich, Leger Fernández start repeal of $500,000 payout provisions for senators

Two members of the New Mexico congressional delegation are taking the lead in repealing a provision of the recently passed government funding bill that allows senators to receive payments whose phone records were accessed by Jan. 6 investigators without their knowledge. 

In the U.S. Senate, Sen. Martin Heinrich, D-NM, and Sen. Mark Kelly, D-AZ, announced the introduction of the Anti-Cash Grab Act on Tuesday in a joint press release. The release listed Sen. Ben Ray Lujan, D-NM, as one of the bill’s 26 cosponsors. 

In the House, Rep. Teresa Leger Fernández, D-NM, has introduced similar legislation, known as the No Payola for Senators Act. 

In her press release announcing her legislation, Leger Fernández called the provision she seeks to rescind “corruption of the highest degree dressed up as legislation.” 

Leger Fernández has been vocal about her opposition to the provision. During debate on the government funding bill, she introduced an amendment in the House Rules Committee to repeal it. That effort failed on an 8-4 party-line vote with all Democrats supporting it and all Republicans opposing it.

None of New Mexico’s congressional delegation voted for the initial bill, but some Republicans in Congress who did have called for a repeal of the last-minute language, which provided for a cause of action so that senators can file suit if their electronic data is “acquired, subpoenaed, searched, accessed, or disclosed” without their knowledge.  

Under the provision embedded in the short-term government funding bill, senators not informed about their data being obtained can sue the federal government for $500,000 per incident, if it was collected by a federal department, agency, employee or agent. The provision will apply retroactively to eight senators whose phone records were obtained without their knowledge as part of an investigation into the Jan. 6, 2021, attack on the U.S. Capitol. 

Heinrich, in the press release announcing the legislation, said the measure was inserted into the continuing resolution and framed it as a way for Republican senators to “line their pockets.”  

“Let’s be crystal clear: negotiating a $500,000 windfall for yourself while refusing to help everyday Americans is wrong and deserves to be called out. Our bill is about accountability, transparency and fighting for working families,” Heinrich said.