S 5398: DETERRENCE Act

S 5398 in plain English: The DETERRENCE Act would increase criminal sentences for certain federal offenses when those crimes are directed by or coordinated with a foreign government. It creates new sentencing enhancements specifically tied to foreign government involvement in criminal activity.

Stated purpose

This bill adds extra prison time (sentencing enhancements) for people convicted of certain federal crimes—such as kidnapping, murder-for-hire, stalking, and threatening federal officials—when those crimes were directed by or carried out in coordination with a foreign government.

Key points

• Adds sentencing enhancements for federal crimes directed or coordinated by a foreign government
• Targets criminal activity with demonstrated ties to foreign government direction or coordination

Arguments supporters make

• Foreign-directed crimes like assassination plots and kidnappings threaten national security and deserve harsher punishment than ordinary crimes to reflect that added danger.
• Tougher sentences send a clear message to hostile foreign governments that using criminal networks to target Americans or U.S. officials will carry serious consequences.
• The bill targets a specific, narrow category of conduct—knowing coordination with a foreign government—so the enhancements apply only where the most serious threat to sovereignty exists.

Arguments opponents make

• Proving 'coordination with a foreign government' in court may be difficult and could lead to inconsistent or politically motivated prosecutions.
• Existing federal laws already allow severe sentences for these crimes, raising questions about whether additional enhancements provide meaningful deterrence beyond what current law offers.
• Broad enhancement language could potentially be applied unevenly across different foreign governments depending on diplomatic or political circumstances rather than purely on criminal conduct.

Tradeoffs

Longer sentences for foreign-directed crimes may strengthen deterrence and signal resolve to adversarial governments, but they add complexity to prosecutions by requiring proof of foreign coordination—a high evidentiary bar that could make convictions harder to obtain in some cases.

Current status in Congress: Passed Senate.

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