H.R.2136 - Stopping High-level Record Elimination and Destruction Act of 2025; SHRED Act of 2025 (119th Congress)
Summary
H.R.2136, the SHRED Act of 2025, aims to amend Title 18 of the United States Code to increase penalties for officers and employees of the Department of Justice and the intelligence communities who conceal, remove, or mutilate government records. The bill proposes a minimum sentence of 20 years or life imprisonment for such offenses.
The bill is intended to enhance accountability and deter the destruction of government records within these specific agencies. It was introduced in the House of Representatives on March 14, 2025, and referred to the Committee on the Judiciary.
The bill specifically targets individuals within the Department of Justice and the intelligence community, reflecting a concern about the integrity of records within these critical sectors.
Expected Effects
The primary effect of the SHRED Act, if enacted, would be to increase the severity of punishment for government employees who tamper with official records. This could lead to a greater reluctance among such employees to engage in activities that could be construed as concealing, removing, or mutilating government documents.
It may also lead to increased scrutiny and oversight of record-keeping practices within the Department of Justice and the intelligence community. The bill's passage could also deter future misconduct related to government records.
Potential Benefits
- Increased Accountability: Holds government employees accountable for the proper handling of government records.
- Deterrence: The enhanced penalties may deter individuals from concealing, removing, or mutilating government records.
- Improved Transparency: Preserving government records can lead to greater transparency and public trust.
- Protection of Information: Safeguards important information related to national security and justice.
- Strengthened Rule of Law: Reinforces the importance of following established procedures for record management.
Potential Disadvantages
- Potential for Overreach: The severe penalties could lead to disproportionate punishments for minor infractions.
- Increased Litigation: Could result in more legal challenges related to the interpretation and application of the law.
- Burden on Resources: Increased investigations and prosecutions could strain resources within the justice system.
- Chilling Effect: May discourage employees from reporting potential issues due to fear of severe penalties.
- Focus Limited: The bill's focus on specific agencies may neglect record-keeping issues in other government departments.
Constitutional Alignment
The bill aligns with the Constitution's emphasis on transparency and accountability within the government. While the Constitution does not explicitly address record-keeping, the concept of due process and the right to a fair trial (Amendments V and VI) imply the need for accurate and accessible records.
Furthermore, the legislative power granted to Congress under Article I, Section 8, allows it to enact laws necessary and proper for carrying out its enumerated powers, which includes ensuring the integrity of government operations. The bill's focus on specific agencies could be seen as a targeted effort to address potential vulnerabilities in these areas.
However, the severity of the penalties could raise concerns about proportionality and potential violations of the Eighth Amendment's prohibition against cruel and unusual punishment, depending on how the law is applied in practice.
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).