H.R.385 - Combating Global Corruption Act of 2025 (119th Congress)
Summary
H.R. 385, the Combating Global Corruption Act of 2025, aims to identify and combat corruption in foreign countries. The bill mandates the Secretary of State to publish an annual tiered ranking of countries based on their governments' efforts to combat corruption. It also directs the evaluation of foreign persons engaged in significant corruption for potential sanctions under the Global Magnitsky Human Rights Accountability Act.
The bill establishes minimum standards for countries to meet in order to combat corruption, including enacting and enforcing anti-corruption laws. It also requires the designation of anti-corruption points of contact at U.S. diplomatic posts in Tier 2 and Tier 3 countries.
This legislation seeks to promote good governance and enhance the ability of foreign countries to combat public corruption.
Expected Effects
This act will likely lead to increased scrutiny of foreign governments' anti-corruption efforts. It could also result in sanctions against individuals involved in significant corruption. Furthermore, it may improve coordination among U.S. agencies in promoting good governance abroad.
The tiered ranking system could incentivize countries to improve their anti-corruption measures to avoid being placed in lower tiers. The designation of anti-corruption points of contact at U.S. embassies could enhance diplomatic efforts to combat corruption.
However, the effectiveness of the act will depend on the resources allocated for its implementation and the willingness of the U.S. government to impose sanctions.
Potential Benefits
- Could reduce corruption in foreign countries, leading to more stable and democratic governments.
- May improve the business climate in developing countries, creating opportunities for American businesses.
- Could enhance the reputation of the United States as a leader in combating corruption.
- May strengthen international cooperation in fighting transnational crime.
- Could lead to the recovery of assets stolen through corruption and their return to the affected countries.
Potential Disadvantages
- Could strain diplomatic relations with countries that are ranked in lower tiers.
- May be difficult to accurately assess the level of corruption in some countries.
- Could be used as a tool to advance U.S. foreign policy objectives, rather than to genuinely combat corruption.
- The imposition of sanctions could have unintended consequences, such as harming innocent civilians.
- The act may not be effective in countries where corruption is deeply entrenched.
Constitutional Alignment
While the US Constitution does not explicitly address foreign corruption, this bill aligns with the general welfare clause (Preamble) by promoting stable and just governments abroad, which can indirectly benefit the American people. The power to regulate commerce with foreign nations (Article I, Section 8) could be interpreted to support efforts to combat corruption that distorts international markets. The bill does not appear to infringe on any specific constitutional rights or limitations.
However, the implementation of sanctions and the designation of countries based on corruption levels could raise questions about due process and equal protection if not applied fairly and consistently. The bill's reliance on the Secretary of State's discretion also raises concerns about potential abuse of power.
Overall, the bill's constitutional alignment is moderate, as it relies on implied powers and does not directly conflict with any specific constitutional provision, but requires careful implementation to avoid potential constitutional challenges.
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).