DETERRENCE Act
Key claim: The DETERRENCE Act (S1136) would impose sentencing enhancements for federal criminal offenses that are directed by or coordinated with a foreign government.
Abstract
(S1136 · 119th Congress) Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act or the DETERRENCE Act This bill establishes sentencing enhancements for various federal criminal offenses if the offenses are directed by or coordinated with a foreign government. Latest action (2025-06-11): Held at the desk.
Why this matters
The DETERRENCE Act would introduce a new, cross-cutting aggravating factor into federal sentencing, meaning any defendant whose conduct is alleged to have been directed or coordinated by a foreign government could face enhanced penalties regardless of the underlying offense. That structure raises due-process questions about the standard of proof for the foreign-direction element and how contested factual findings would be adjudicated at sentencing. For affected groups — including individuals prosecuted under FARA, export controls, or unrelated offenses with alleged foreign nexus — the practical effect could be materially longer sentences based on a single statutory finding.