No Gratuities for Governing Act of 2025
Summary
The "No Gratuities for Governing Act of 2025" amends Title 18 of the United States Code, specifically Section 666, to clarify and strengthen the offense related to illegal gratuities concerning programs receiving federal funds. It introduces a new subsection addressing the giving or receiving of anything of value ($1,000 or more) for or because of an official act connected to business, transactions, or series of transactions involving $5,000 or more of an organization, government, or agency. The bill also increases the maximum imprisonment term for certain violations from 10 to 15 years and adjusts the language regarding the circumstances under which the law applies.
Expected Effects
This act will likely increase scrutiny and accountability regarding the exchange of gratuities related to federally funded programs. It aims to deter corruption and ensure that decisions made by agents of organizations or governmental entities are free from undue influence. The increased penalties may lead to a reduction in illegal gratuities and a greater level of transparency in the use of federal funds.
Potential Benefits
- Increased Accountability: Clarifies and strengthens the law against illegal gratuities, promoting greater accountability among those handling federal funds.
- Deterrence of Corruption: Higher penalties (up to 15 years imprisonment in some cases) may deter individuals from engaging in corrupt practices.
- Improved Transparency: The act aims to ensure that decisions related to federally funded programs are made without undue influence, enhancing transparency.
- Protection of Public Funds: By reducing corruption, the act helps protect public funds from misuse and ensures they are used for their intended purposes.
- Fairness and Equity: Promotes a fairer system where decisions are based on merit rather than personal gain.
Potential Disadvantages
- Potential for Overreach: The broad language could potentially lead to prosecution for minor or unintentional violations.
- Increased Burden of Proof: Investigating and prosecuting these cases may require significant resources and complex legal proceedings.
- Risk of False Accusations: The law could be used to make false accusations against individuals, leading to reputational damage and legal costs.
- Unintended Consequences: The increased penalties could discourage legitimate interactions between government officials and organizations.
- Potential for selective enforcement: The law could be applied unevenly, targeting specific individuals or groups.
Constitutional Alignment
The act aligns with the general principles of good governance and preventing corruption, which can be argued to fall under the implied powers necessary to execute the enumerated powers of Congress. Specifically, Article I, Section 8 grants Congress the power to lay and collect taxes, pay debts, and provide for the general welfare of the United States. Preventing corruption in federally funded programs helps ensure that these funds are used effectively and for their intended purpose, thus promoting the general welfare.
However, the act must be carefully applied to avoid infringing on individual rights, such as due process (Fifth Amendment) and protection against excessive fines and cruel and unusual punishments (Eighth Amendment). The specific application of the law in individual cases will determine its ultimate constitutional validity.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).