Overview
Title
To amend title 18, United States Code, to clarify the offense pertaining to illegal gratuities concerning programs receiving Federal funds.
ELI5 AI
H.R. 9389 is a bill that wants to make sure people don't give or take gifts in programs that get money from the government. It says if someone gives or takes things worth more than $1,000 for decisions involving $5,000 or more, they could get in a lot of trouble and be in prison longer, up to 15 years!
Summary AI
H.R. 9389, titled the "No Gratuities for Governing Act of 2024," seeks to make changes to Title 18 of the United States Code regarding illegal gratuities connected to programs receiving federal funds. Specifically, it amends Section 666 to increase the maximum imprisonment for related offenses from 10 years to 15 years. The bill clarifies that giving or demanding anything of value over $1,000 related to an official act by an agent, when the transactions involve $5,000 or more, can result in a fine or up to two years of imprisonment, or both.
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AnalysisAI
To amend title 18 of the United States Code and clarify illegal gratuities in connection with federal programs, H.R. 9389, also known as the "No Gratuities for Governing Act of 2024," was introduced in the U.S. House of Representatives. It aims to modify legal penalties and definitions related to bribes involving federal, state, local, or tribal programs.
General Summary of the Bill
The bill seeks to amend existing laws to more clearly define and penalize acts of giving or receiving illegal gratuities in connection with programs that receive federal funding. Specifically, it proposes to amend Section 666 of title 18, United States Code. One of the more significant changes includes increasing the maximum imprisonment for violating related laws from 10 to 15 years. Additionally, the bill introduces a new section outlining fines and penalties for those involved in illegal gratuities involving transactions over $5,000.
Summary of Significant Issues
Several issues arise from the proposed amendments:
Increased Penalties: The bill increases the maximum potential imprisonment from 10 to 15 years. This change could provoke debate on whether the punishment is proportionate and justified for the offense in question.
Clarity of Legal Terminology: The introduction of terms like "knowingly and purposefully" and "anything of value" may lead to ambiguities. Such phrases can be variously interpreted, which may complicate enforcement.
Subsection Redesignation: This essentially involves renumbering sections within the existing law. Such changes might cause confusion for those familiar with previous iterations of the code, necessitating robust communication and documentation to ensure clarity.
Complex Legal Language: The bill's language is lawyerly and may be difficult for the general public to immediately grasp, pointing to a need for simplified language or supplementary educational resources.
Impact on the Public
Broadly, the bill aims to reinforce the integrity of dealings related to federal funds. By clarifying and stiffening penalties, it seeks to deter illegal gratuities and ensure governmental transparency and accountability. This could foster greater public trust in authorities and increase confidence in the management of public funds.
Impact on Specific Stakeholders
Government Officials and Agents: The bill targets governmental agents and organizations, potentially impacting their operations by holding them to stricter standards. While this maintains accountability, it raises the stakes for those involved in managing government funds.
Legal Practitioners: Lawyers and judges may face increased challenges interpreting the newly introduced terms and sections. Training and clear guidance will be necessary for consistent application across cases.
General Public and Advocacy Groups: For citizens and watchdog groups, the bill could be seen positively as a step towards eliminating corruption. However, the potential for misinterpretation may concern those wary of possible inequitable enforcement.
In conclusion, H.R. 9389 represents a significant legislative effort to refine and enforce legal consequences for illegal gratuities involving federal funds. While well-intentioned, it poses various challenges relating to the proportionality of penalties, language clarity, and practical enforcement that will need to be carefully navigated in legislative discussions.
Financial Assessment
The proposed bill, H.R. 9389, titled the "No Gratuities for Governing Act of 2024," involves several key financial references and changes, specifically pertaining to illegal gratuity offenses related to federal programs.
Financial Penalties and Imprisonment
The bill amends Section 666 of Title 18 of the United States Code to increase the maximum imprisonment for illegal gratuities offenses from 10 years to 15 years. This increased penalty reflects Congress's intent to impose stricter consequences for such actions.
Furthermore, the bill introduces a new subsection, which outlines that any individual involved in these offenses may face a fine and up to 2 years of imprisonment, or both. This provision targets specific actions where either party gives or accepts something of value — specifically, any amount totaling $1,000 or more — connected to official acts involving transactions valued at $5,000 or more.
Relation to Identified Issues
Proportionality of Sentences: The adjustment in maximum imprisonment to 15 years poses questions about sentence proportionality for financial misconduct involving federal programs. This increase suggests a significant shift towards greater accountability, yet the intensity of this punishment may fuel debate about its appropriateness relative to the offense.
Financial Terms and Clarity: The use of terms like "anything of value over $1,000" and transactions involving $5,000 or more aims to create clear financial thresholds for the applicability of these penalties. However, concerns may arise regarding the interpretation of what constitutes "anything of value," which could lead to challenges in how these financial standards are enforced.
Potential Confusion and Communication: The restructuring of subsections might confuse practitioners familiar with the previous legal text. Such reorganization, without clear guidance, can complicate understanding of financial references and the overall application of fines and imprisonment specified in the bill.
Impact on Public and Political Perception
The bill's introduction of fines and imprisonment for agents associated with illegal gratuities has potential political ramifications. The provisions delineating financial thresholds may lead to closer scrutiny of governmental or tribal entities' involvement in transactions, reflecting a broader goal of combating financial misconduct within federally funded programs. Public perception might hinge on how well these financial elements are communicated and understood, suggesting a need for clear explanations beyond legal jargon.
In summary, the financial components within H.R. 9389 underscore a concerted effort to address illegal gratuities with stronger penalties. However, the challenge remains in balancing the severity of these financial-related penalties with the need for clarity and proportionality in law enforcement.
Issues
The increase in the maximum imprisonment term from 'not more than 10 years' to 'not more than 15 years' for illegal gratuities under Section 2 could raise concerns about the proportionality of sentencing and whether such a penalty is justified, requiring careful examination during legislative debates.
Section 2 introduces a new subsection (b) with terms such as 'knowingly and purposefully' and 'anything of value', which may be too vague or open to interpretation, leading to potential ambiguities in enforcement and application of the law.
The redesignation of subsections in Section 2 could cause confusion among legal practitioners and the general public familiar with the previous version of the law, necessitating clear communication and documentation to ensure understanding of the changes.
The introduction of fines and imprisonment for agents involved in illegal gratuities as outlined in the new subsection (b) of Section 2 may have significant political and public interest implications, especially if perceived as targeting specific governmental or tribal entities.
The entirety of the bill uses complex legal terminology that may hinder understanding and engagement from the general public, suggesting a need for simplified explanations or additional resources to clarify the bill's intent and impact.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section specifies the official short title of the legislation as the “No Gratuities for Governing Act of 2024.”
2. Illegal gratuities concerning programs receiving Federal funds Read Opens in new tab
Summary AI
The amendment to Section 666 of title 18, United States Code, updates legal language and increases the maximum imprisonment for illegal gratuities related to federal programs from 10 to 15 years. It specifies that individuals involved in giving or receiving bribes over $1,000 in connection to transactions exceeding $5,000 may face fines or up to 2 years of imprisonment.
Money References
- Section 666 of title 18, United States Code, is amended— (1) by redesignating subsections (b) through (d) as subsection (c) through (e), respectively; (2) in subsection (a)— (A) by striking “if the circumstance described in subsection (b) of this section exists” and inserting “if the circumstance described in subsection (c) of this section exists”; and (B) by striking “imprisoned not more than 10 years,” and inserting “imprisoned not more than 15 years,”; (3) by inserting after subsection (a) the following: “(b) Whoever, if the circumstance described in subsection (c) of this section exists— “(1) directly or indirectly, knowingly and purposefully gives, offers, or promises anything of value of $1,000 or more to any agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof, for or because of any official act performed by such agent in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more; or “(2) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof, directly or indirectly, knowingly and purposefully demands, seeks, receives, accepts, or agrees to receive or accept anything of value of $1,000 or more personally for or because of any official act performed by such agent in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more; shall be fined under this title, imprisoned not more than 2 years, or both.”; and (4) in subsection (c), as redesignated, by striking “circumstance referred to in subsection (a)” and inserting “circumstances referred to in subsections (a) and (b)”. ---