S.1136 - Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act; DETERRENCE Act (119th Congress)
Summary
S.1136, the DETERRENCE Act, proposes to enhance sentences 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 in such cases. It aims to deter foreign-directed criminal activities within the U.S. and protect U.S. citizens and interests.
Expected Effects
The DETERRENCE Act, if enacted, would likely lead to stricter penalties for individuals involved in crimes orchestrated by foreign entities. This could deter foreign governments from using individuals within the U.S. to carry out criminal activities. The changes would also impact the sentencing guidelines and judicial processes for the specified offenses.
Potential Benefits
- Deters Foreign Interference: Discourages foreign governments from directing criminal activities within the U.S.
- Protects U.S. Officials and Citizens: Provides increased protection for federal officials, the President, and the general public from foreign-directed threats.
- Strengthens National Security: Enhances the ability to respond to and penalize actions that undermine national security.
- Enhances Justice: Ensures that those who commit crimes at the behest of foreign powers face appropriate consequences.
- Reduces Crime: By increasing penalties, the bill aims to reduce the incidence of foreign-directed crime.
Potential Disadvantages
- Potential for Over-Sentencing: Risk of disproportionate penalties if the connection to a foreign government is tenuous.
- Increased Burden on Courts: More complex investigations and trials due to the need to prove foreign government involvement.
- Risk of False Accusations: Possibility of individuals being falsely accused of acting on behalf of foreign governments.
- International Relations: Could strain diplomatic relations with countries accused of directing criminal activities.
- Cost: Increased costs associated with longer trials and incarceration.
Constitutional Alignment
The bill aligns with the federal government's power to define and punish offenses, as outlined in Article I, Section 8 of the Constitution, which grants Congress the power to "define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations." The bill does not appear to infringe upon individual liberties protected by the Bill of Rights, such as freedom of speech or assembly (Amendment I), as it targets criminal conduct rather than protected expression. However, the due process clause (Amendment V) requires that any sentencing enhancements be applied fairly and with adequate procedural safeguards.
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).