After Supreme Court gutted anti-corruption laws, Senator leads new legislation
Washington, D.C. – Oregon’s U.S. Senator Jeff Merkley today pushed to strengthen federal corruption laws after the U.S. Supreme Court made it easier for state and local officials to accept “gratuities” for official actions.
Merkley’s Stop Corrupt Gratuities Act makes it clear that gratuities and other gifts of value outside of official duties, intending to reward or to be a reward, are criminal acts under federal law. The bill strengthens public trust in state and local government officials by clearly banning corrupt payments, veiled gifts, or the exchange of any valuables intended to influence decision-makers.
“Gratuities that change hands after the completion of an official action are bribes, plain and simple,” Merkley said. “This crooked and corrupt practice is a clear threat to the integrity of our democratic institutions and should be banned. We must put the people ahead of the privileged and powerful—my Stop Corrupt Gratuities Act does just that by providing a simple fix to strengthen federal anti-bribery laws.”
Decided by the U.S. Supreme Court earlier this year, the Snyder v. United States case stems from the corrupt actions of the former mayor of Portage, Indiana, who awarded a $1.1 million contract to purchase garbage trucks and then accepted a $13,000 “gratuity” from the same truck company afterward. The MAGA justices on the Supreme Court ultimately ruled that state officials may accept “gratuities” from people who wish to reward them for their official actions, weakening federal anti-corruption statute.
The Stop Corrupt Gratuities Act is cosponsored by Senators Elizabeth Warren (D-MA) and Sheldon Whitehouse (D-RI).
“Bribery is bribery, and we need to fight back against Donald Trump’s extremist Supreme Court’s attempts to rig our government for the wealthy and well-connected,” Warren said. “The Stop Corrupt Gratuities Act will help make sure our state and local officials are working for the American people, not the highest bidder.”
The bill is also supported by Citizens for Responsibility and Ethics in Washington (CREW), Transparency International U.S., Project On Government Oversight (POGO), and Public Citizen.
“Sen. Merkley’s Stop Corrupt Gratuities Act is a necessary legislative measure to corrupt an obscure ruling by the U.S. Supreme Court. Federal anti-corruption laws have long prohibited state and local officials from accepting bribes or gratuities in exchange for official actions, such as awarding a government contract. The Court recently invalidated the law prohibiting gratuities as not constituting actual bribes. A bribe is a bribe, whether the money exchanges hands before or after the official action. Gifts given to a public official even after-the-fact by recipients of official favors or contracts creates the appearance, if not the actuality, of corruption. This measure would rightly restore the ban on state and local officials accepting gifts from those with business pending before the government,” said Craig Holman, Ph.D., Public Citizen.
“In a series of decisions over the past several years the Supreme Court has redefined corruption, effectively legalizing bribery of public officials,” said Debra Perlin, Policy Director at CREW. “Congress has the power and responsibility to reverse this troubling trend. CREW is proud to support the Stop Corrupt Gratuities Act to reverse the Supreme Court’s disastrous anti-corruption jurisprudence and end the perception that our public servants are for sale. We applaud Senator Merkley for his leadership on this issue and call on Congress to quickly pass this common sense legislation.”
“Paying a bribe or a ‘gratuity’ is not a victimless crime,” said Scott Greytak, Director of Advocacy for Transparency International U.S. “These payments are often used to get around labor, environmental, and public health laws that keep our communities safe, to unfairly and uncompetitively receive taxpayer money, and can incentivize our elected officials to ignore risks to our national security. Congress should pass the Stop Corrupt Gratuities Act—a simple, straightforward clarification—as soon as possible.”
“The Project On Government Oversight (POGO) welcomes the introduction of the Stop Corrupt Gratuities Act, which will help restore and strengthen public trust in state and local government at a time when Americans are deeply concerned with corruption,” said Faith Williams, Director of Effective and Accountable Government at POGO. “This important bill addresses a gap identified by the Supreme Court last term that allowed gratuities, or thank you ‘gifts,’ to legally be given to state and local elected officials after a service was performed (such as awarding a contract). Gratuities after the fact are, in essence, bribery, and we appreciate Senator Merkley and other champions for their work to remedy this issue.”
The full text of the bill can be found by clicking here.
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