DETERRENCE Act
- Bill Number
- S. 1136
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Passed Senate
- Latest Action
- 2025-06-11: Held at the desk.
- Last Updated
- 2026-04-09T20:50:23Z
AI-Generated Summary
Purpose
The DETERRENCE Act (S. 1136) aims to deter criminal activities influenced by foreign governments by authorizing federal courts to impose additional prison time—known as sentencing enhancements—on individuals convicted of specific serious crimes when those offenses are knowingly directed or coordinated by a foreign government or its agents. This strengthens penalties to protect U.S. officials, citizens, and national security from external threats.
Key Provisions
The Act amends several sections of Title 18 of the U.S. Code (which covers federal crimes) to add enhancements. Enhancements apply only if the offender knew of the foreign involvement. Highlights include:
- Kidnapping (Section 1201): Adds up to 10 years for direct offenses, conspiracies, or attempts coordinated with foreign governments.
- Murder-for-Hire Using Interstate Commerce (Section 1958): Adds up to 5 years generally, or 10 years if personal injury results, for offenses linked to foreign governments.
- Threats or Injuries to Federal Officials' Family Members (Section 115): Adds up to 5 years for assaults with physical contact or intent to commit another felony; up to 10 years for assaults causing bodily injury, sexual offenses (if they would violate laws in U.S. jurisdictions), use of dangerous weapons, or murder/attempted murder/conspiracy to murder, when foreign-directed.
- Stalking (Section 2261A): Adds up to 5 years if serious bodily injury, a dangerous weapon, or a victim under 18 is involved; up to 10 years if death results; or up to 30 months in other cases, for foreign-coordinated stalking.
- Killing or Injuring U.S. Officers and Employees (Section 1114): Adds up to 10 years for offenses like murder or assault directed by foreign governments.
- Assassination, Kidnapping, or Assault on the President and Staff (Section 1751): Adds up to 10 years for direct offenses, conspiracies, or assaults (especially those involving weapons or injury) linked to foreign governments.
The Act includes technical updates, such as reordering subsections and updating cross-references in related laws.
Significant Changes to Existing Law
- Introduces new subsections in each targeted statute specifically for foreign-government enhancements, which did not previously exist.
- Expands penalties without creating new crimes; instead, it builds on existing offense definitions (e.g., conspiracy or attempt elements remain unchanged).
- Makes minor conforming edits, like updating references in laws on terrorism (Section 2332b) and drug trafficking (Controlled Substances Import and Export Act), to reflect the new structure without altering their core rules.
Potential Impacts
- On Government Agencies: The Department of Justice and federal law enforcement (e.g., FBI) may see increased prosecutions and longer sentences, requiring more resources for investigations into foreign ties. Courts could handle more complex sentencing hearings to prove foreign coordination.
- On Citizens: Enhances protection for federal officials, their families, and the public by making foreign-influenced crimes riskier for perpetrators, potentially reducing such incidents.
- On International Relations: Could escalate tensions with foreign governments accused of involvement, leading to diplomatic fallout or retaliatory actions, while signaling U.S. resolve against interference.
Main Stakeholders Affected
- U.S. Government Officials and Employees: Primary beneficiaries, including federal workers, the President, vice president, and their staff, who gain stronger legal safeguards.
- Law Enforcement and Prosecutors: Impacted through new investigative and charging tools to link crimes to foreign actors.
- Federal Courts and Judiciary: Responsible for applying enhancements, which may increase caseloads.
- Perpetrators and Foreign Governments: Face harsher penalties; adversarial nations (e.g., those engaging in espionage or transnational crime) could be deterred or targeted in indictments.
- Victims and Families: Indirectly protected, especially in cases involving stalking, threats, or assaults.
Notable Legal, Constitutional, or Political Implications
- Legal: The enhancements are discretionary ("may be increased"), giving judges flexibility while requiring proof of "knowing" foreign involvement, which upholds due process. No new crimes are defined, avoiding potential vagueness challenges under the First Amendment or other rights.
- Constitutional: Aligns with Congress's authority to regulate federal crimes and protect government functions; unlikely to raise separation-of-powers issues since it targets sentencing, not executive foreign policy.
- Political: Reinforces a tough-on-foreign-threats stance, potentially appealing in national security debates, but could spark criticism over prosecutorial discretion in proving foreign links or risks of overreach in international cases. Passed by the Senate in 2025, it reflects bipartisan concerns about foreign interference.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Hassan, Margaret Wood [D-NH]
Cosponsors (3)
Sen. Ernst, Joni [R-IA], Sen. Banks, Jim [R-IN], Sen. Slotkin, Elissa [D-MI]
Recent Actions
- 2025-06-11: Held at the desk.
- 2025-06-11: Received in the House.
- 2025-06-11: Message on Senate action sent to the House.
- 2025-06-10: Passed Senate without amendment by Unanimous Consent. (text: CR S3322-3323)
- 2025-06-10: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
- 2025-06-10: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S3322-3323)
- 2025-06-10: Senate Committee on the Judiciary discharged by Unanimous Consent.
- 2025-06-10: Committee on Homeland Security and Governmental Affairs Subcommittee on Border Management, Federal Workforce, and Regulatory Affairs. Hearings held.
- 2025-03-26: Read twice and referred to the Committee on the Judiciary.
- 2025-03-26: Introduced in Senate
Bill Versions
- Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act — issued 2025-06-10 — PDF (12 pages)
- Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act — issued 2025-03-26 — PDF (9 pages)