The Transparency and Integrity in Public Service Act

This proposal outlines the creation of legislation aimed at clearly defining and combating bribery in various sectors of public service, including elected officials, federal agencies, and boards responsible for health, education, and other critical public functions. The legislation seeks to close loopholes that allow bribery under the guise of donations, speaking fees, or aggressive lobbying practices, enhancing accountability and public trust in government institutions.

  • Current Definitions: Existing anti-bribery laws, like the Foreign Corrupt Practices Act (FCPA) and 18 U.S.C. § 201, address overt bribery but leave room for indirect forms where money or favors are exchanged under different labels.

  • Lobbying Concerns: Lobbying, while a legitimate part of democratic processes, can sometimes border on or become a form of bribery when it involves undue influence or the exchange of favors not aligned with public interest.

Objectives:
Clarify Definitions: Establish clear, enforceable definitions distinguishing between legitimate contributions and illegal bribes.

Enhance Transparency: Require comprehensive disclosure of all financial transactions between public officials/entities and private individuals or organizations.

Limit Influence: Set strict limits on what can be offered or accepted by public officials, including but not limited to, speaking fees, gifts, and travel expenses.
Regulate Lobbying: Implement regulations that differentiate aggressive lobbying from bribery, ensuring lobbying activities maintain integrity and do not unduly influence policy or decisions.

Proposed Legislative Measures:
Section 1: Definition of Bribery
Expand the definition to include any financial or in-kind benefits given with the intent to influence an official act, decision, or policy, regardless of how it’s labeled (e.g., donations, honoraria, consultancies).

Section 2: Disclosure Requirements
Mandate real-time reporting of all gifts, payments, or benefits received by public officials or their family members, with thresholds for what must be reported to prevent evasion through small, cumulative gifts.

Section 3: Restrictions on Benefits
Prohibit public officials from receiving speaking fees, travel, or other perks when these could reasonably be seen as influencing their official duties. Exceptions might be made for educational or charity events under strict conditions.

Section 4: Lobbying Regulations
Introduce a “cooling-off” period for former public officials before they can engage in lobbying activities related to their former roles.
Require lobbyists to register and disclose not just financial contributions but also the nature of discussions, meetings, and any benefits provided to officials during lobbying efforts

Section 5: Enforcement and Penalties
Establish a dedicated anti-corruption unit within federal law enforcement with the authority to investigate violations of these laws.

Increase penalties for bribery, including fines and imprisonment, with harsher penalties for acts involving significant public harm or large sums of money.
Introduce civil penalties for organizations that fail to enforce compliance with these regulations among their employees or agents.

Section 6: Education and Compliance
Implement mandatory ethics training for all public officials and lobbyists, focusing on recognizing and avoiding conflicts of interest and bribery.

Section 7: Public Awareness
Launch public education campaigns to inform citizens about the signs of corruption and how to report suspicious activities.

****This legislation aims to uphold the integrity of public service by ensuring that decisions made by officials are free from undue influence. By clarifying what constitutes bribery and tightening regulations around lobbying, we aim to foster a government environment where transparency is the norm, and public trust can be restored and maintained.