H.R.2394 - Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act; DETERRENCE Act (119th Congress)
Summary
H.R.2394, the DETERRENCE Act, aims to enhance sentencing for specific criminal offenses, such as kidnapping, murder-for-hire, influencing federal officials, stalking, and attacks on US officers and the President, when these crimes are directed by or coordinated with foreign governments. The bill amends Title 18 of the United States Code to include provisions for increased penalties under such circumstances. It targets actions that pose a threat to national security and the safety of individuals within the United States.
The bill introduces sentence enhancements for offenses directed by or coordinated with foreign governments. These enhancements vary depending on the severity of the crime and the level of involvement of the foreign entity.
Ultimately, the DETERRENCE Act seeks to deter foreign-directed criminal activities and ensure robust responses to such egregious offenses.
Expected Effects
The DETERRENCE Act will likely result in stricter penalties for individuals involved in crimes directed by foreign governments. This could lead to a decrease in such activities due to the increased risk of severe punishment. Additionally, it may provide law enforcement with more tools to investigate and prosecute these types of offenses.
The changes will likely act as a deterrent to individuals considering engaging in criminal activities at the behest of foreign powers. It could also lead to increased scrutiny and monitoring of individuals suspected of having ties to foreign governments.
It may also lead to diplomatic tensions if the US accuses a foreign government of directing criminal activities within the US.
Potential Benefits
- Increased Deterrence: The enhanced penalties may deter foreign governments from directing criminal activities within the United States.
- Enhanced National Security: By targeting foreign-directed crimes, the bill could contribute to national security by protecting individuals and institutions.
- Improved Justice: The bill ensures that those who commit crimes at the behest of foreign governments face appropriate consequences.
- Protection of Officials: The bill provides additional protection to federal officials and their families from foreign-directed threats.
- Strengthened Law Enforcement: The bill provides law enforcement with additional tools to combat foreign-directed criminal activities.
Potential Disadvantages
- Potential for Misuse: There is a risk that the enhanced penalties could be applied in cases where the connection to a foreign government is tenuous or unsubstantiated.
- Diplomatic Tensions: Accusations of foreign government involvement in criminal activities could strain diplomatic relations.
- Increased Burden on Courts: The more complex investigations and prosecutions could place an additional burden on the judicial system.
- Risk of Over-Criminalization: The broad language of the bill could lead to the over-criminalization of certain activities.
- Potential for Bias: There is a risk that the enhanced penalties could be applied disproportionately based on the perceived nationality or origin of the offender.
Constitutional Alignment
The DETERRENCE Act appears to align with the US Constitution, particularly the provisions related to national security and the protection of individuals within the United States. Congress has the power to define and punish offenses against the law of nations (Article I, Section 8, Clause 10). The bill does not appear to infringe on individual liberties, rights, or privacy, as it targets specific criminal activities directed by foreign governments. The bill does not violate the First Amendment as it does not deal with freedom of speech, religion, or assembly.
However, the implementation of the Act must adhere to due process requirements (Fifth Amendment) to ensure fair trials and prevent wrongful convictions. The Eighth Amendment, which prohibits cruel and unusual punishments, must also be considered when applying the enhanced penalties.
Overall, the Act seems to fall within the powers granted to Congress, provided that it is implemented in a manner consistent with constitutional protections.
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).