H.R.3680 - No Corporate Crooks Act (119th Congress)
Summary
H.R.3680, the "No Corporate Crooks Act," aims to prevent chief executive officers (CEOs) convicted of specific crimes from serving in the executive branch of the U.S. government. The bill defines "covered crimes" to include bribery, copyright infringement, corruption, cybercrime, embezzlement, fraud, insider trading, wage theft, and tax evasion. It stipulates that individuals found in violation of this restriction will be removed from their executive branch positions.
Expected Effects
The bill, if enacted, would restrict the pool of candidates eligible for appointment to positions within the executive branch. It would likely reduce the potential for conflicts of interest and enhance public trust in government leadership. This could also deter corporate misconduct by increasing the personal consequences for executives.
Potential Benefits
- Increased public trust in government by preventing individuals with criminal records related to corporate malfeasance from holding positions of power.
- Reduced potential for conflicts of interest in the executive branch.
- Potential deterrent effect on corporate crime, as CEOs may be less likely to engage in illegal activities if they know it could disqualify them from future government service.
- Enhanced accountability for corporate executives.
- Promotes ethical leadership in both the private and public sectors.
Potential Disadvantages
- May limit the pool of qualified candidates for executive branch positions, potentially excluding individuals with valuable expertise despite past mistakes.
- Could be viewed as overly punitive, especially if the "covered crimes" are broadly defined or if the convictions occurred long in the past.
- Potential for politically motivated prosecutions aimed at disqualifying individuals from future government service.
- May create an incentive for CEOs to avoid admitting guilt or settling charges, even if it is in the best interest of their company, to avoid the ban.
- Difficulty in defining and consistently applying the term "chief executive officer."
Constitutional Alignment
The bill's constitutionality is primarily concerned with potential conflicts with Article I, Section 9, which prohibits bills of attainder (legislative acts declaring a person or group guilty of a crime and punishing them without a trial). However, since the bill applies generally to a class of individuals (CEOs convicted of specific crimes) rather than specifically targeting individuals, it is less likely to be considered a bill of attainder. The power to set qualifications for holding office is generally understood to be within the purview of Congress, although this power is not unlimited.
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).