The Capitol LedgerEvery move in Congress, on the record
HomeBillsRecordsLedger AI

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

AboutFAQFeedbackTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

The projectAboutFAQFeedback
LegalTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

All bills
S. 115·119th Congress·Introduced Jan 16, 2025

GATE CRASHERS Act

IntroducedCrime and Law EnforcementSubstantive
View bill text
Sponsor
Sen. Cruz, Ted [R-TX]
Committees
Judiciary Committee (primary)
Last action
Jan 16, 2025

Bottom line

This bill federalizes and enhances penalties for trespassing on clearly marked restricted Department of Defense facilities, aiming to deter unauthorized access and protect national security assets.

What it actually does

This bill amends title 18 of the United States Code to create a new federal criminal offense for unauthorized access to Department of Defense (DoD) facilities that are clearly marked as closed or restricted. It establishes a tiered penalty structure, with increasing severity for repeat offenses, ranging from up to 180 days imprisonment for a first offense to up to 10 years for a third or subsequent offense, in addition to potential fines.

Proponents argue

Supporters argue this bill is crucial for national security, providing a stronger legal framework to deter and punish individuals who illegally access sensitive Department of Defense facilities. They contend that current trespass laws may not adequately address the unique risks posed by unauthorized entry into military installations, which could compromise classified information, critical infrastructure, or personnel safety. The escalating penalties are designed to specifically target and deter repeat offenders, enhancing the security posture of vital defense sites.

Opponents contend

Critics might argue that existing federal and state trespass laws are already sufficient to address unauthorized access to federal property, and that this bill represents an unnecessary federalization or over-criminalization of an issue that can be handled locally or under broader federal statutes. Concerns could also be raised about the severity of the escalating penalties, particularly for non-malicious or accidental trespass, and potential impacts on civil liberties or disproportionate application.

The bill is exceptionally short and clearly written, making it very accessible for any reader to understand its provisions quickly.

Section 2(a), adding Section 1390 to Chapter 67 of title 18, United States Code.

Establishment of Criminal Penalties for Unauthorized Access to Department of Defense Facilities

prominently featuredstraightforward

This provision makes it a federal crime for anyone to enter or remain on property under the jurisdiction of the Department of Defense if that property is clearly marked as closed or restricted, without proper authorization. It sets out a tiered penalty structure: a first offense can lead to up to 180 days in prison, a second offense up to 3 years, and a third or subsequent offense up to 10 years, in addition to potential fines. This new section is added to existing federal criminal code.

GroupImpactMechanismScale
GroupIndividuals who trespass on DoD facilitiesImpactIncreased legal consequences, including federal criminal charges, fines, and imprisonment for unauthorized entry onto clearly marked restricted Department of Defense property.MechanismCreation of a new federal statute (18 U.S.C. 1390) specifically targeting unauthorized access to DoD property with escalating penalties for repeat offenses.ScaleApplies nationwide to any individual who violates the provision on any clearly marked DoD property under U.S. jurisdiction.
GroupDepartment of DefenseImpactEnhanced legal tools to protect facilities and personnel, potentially reducing security breaches and deterring repeat offenders.MechanismProvides federal prosecutors with a specific statute and escalating penalties to pursue cases of unauthorized access to military installations.ScaleAffects all DoD installations and properties under its jurisdiction by strengthening their legal protection against trespass.

Supporters argue

Supporters argue that this provision closes a potential loophole or strengthens existing protections by creating a dedicated federal statute with escalating penalties for unauthorized access to DoD facilities. This ensures that individuals who repeatedly attempt to breach security at sensitive sites face increasingly severe consequences, thereby enhancing national security and protecting critical assets.

Critics contend

Critics might contend that existing federal laws, such as 18 U.S.C. 1382 (entering military property without permission) or general trespass laws, are already sufficient to address such offenses. They may argue that creating a new, specific statute with potentially harsher penalties could lead to over-criminalization or disproportionate punishment for actions that might not pose a direct threat to national security, especially for first-time or minor infractions.

Tradeoffs

The bill balances the need for robust national security protection for military installations against concerns about potential overreach in federal criminal law and the severity of penalties for trespass offenses, particularly for actions that may not involve malicious intent.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
  • Questions to ask
Ask Ledger AI about this