II 

118TH CONGRESS 

2D SESSION S. 5398 

To authorize sentencing enhancements for certain criminal offenses directed 

by or coordinated with foreign governments. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 21, 2024 

Ms. HASSAN (for herself and Ms. ERNST) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To authorize sentencing enhancements for certain criminal 

offenses directed by or coordinated with foreign governments. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Deterring External 

5 Threats and Ensuring Robust Responses to Egregious and 

6 Nefarious Criminal Endeavors Act’’ or the ‘‘DETER7 RENCE Act’’. 

8 SEC. 2. KIDNAPPING. 

9 Section 1201 of title 18, United States Code, is 

10 amended— 


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1 (1) by redesignating subsection (h) as sub2 section (i); 

3 (2) by inserting after subsection (g) the fol4 lowing: 

5 ‘‘(h) SENTENCE ENHANCEMENTS FOR OFFENSES DI6 RECTED BY OR COORDINATED WITH FOREIGN GOVERN7 MENTS.— 

8 ‘‘(1) IN GENERAL.—The sentence of a person 

9 convicted of an offense under subsection (a) may be 

10 increased by up to 10 years if such offense was com11 mitted knowingly at the direction of or in coordina12 tion with a foreign government or an agent of a for13 eign government. 

14 ‘‘(2) CONSPIRACY.—The sentence of a person 

15 convicted of conspiring to commit a violation of sub16 section (a) as part of a conspiracy under the ele17 ments specified in subsection (c) may be increased 

18 by up to 10 years if— 

19 ‘‘(A) 1 or more of the persons involved in 

20 such conspiracy were knowingly acting in co21 ordination with a foreign government or an 

22 agent of a foreign government; and 

23 ‘‘(B) the person convicted of conspiring to 

24 commit a violation of subsection (a) knew that 

25 1 or more of the persons involved in such conVerDate Sep 11 2014 01:32 Dec 06, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5398.IS S5398

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1 spiracy were knowingly acting in coordination 

2 with a foreign government or an agent of a for3 eign government. 

4 ‘‘(3) ATTEMPT.—The sentence of a person con5 victed of an attempt to violate subsection (a) may be 

6 increased by up to 5 years if such attempt was 

7 knowingly at the direction of or in coordination with 

8 a foreign government or an agent of a foreign gov9 ernment.’’; and 

10 (3) in subsection (i), as so designated, by in11 serting ‘‘DEFINITION.—’’ before ‘‘As used in this 

12 section’’. 

13 SEC. 3. USE OF INTERSTATE COMMERCE FACILITIES IN 

14 THE COMMISSION OF MURDER-FOR-HIRE. 

15 (a) IN GENERAL.—Section 1958 of title 18, United 

16 States Code, is amended— 

17 (1) by redesignating subsection (b) as sub18 section (c); 

19 (2) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) SENTENCE ENHANCEMENTS FOR OFFENSES DI22 RECTED BY OR COORDINATED WITH FOREIGN GOVERN23 MENTS.—The sentence of a person convicted of an offense 

24 under subsection (a)— 


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1 ‘‘(1) may be increased by up to 5 years, if such 

2 offense was committed knowingly at the direction of 

3 or in coordination with a foreign government or an 

4 agent of a foreign government; and 

5 ‘‘(2) may be increased by up to 10 years— 

6 ‘‘(A) if such offense was committed know7 ingly at the direction of or in coordination with 

8 a foreign government or an agent of a foreign 

9 government; and 

10 ‘‘(B) personal injury results.’’; and 

11 (3) in subsection (c), as so redesignated, by in12 serting ‘‘DEFINITIONS.—’’ before ‘‘As used in this 

13 section’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 (1) Section 2332b(g)(2) of title 18, United 

16 States Code, is amended by striking ‘‘section 

17 1958(b)(2)’’ and inserting ‘‘section 1958’’. 

18 (2) Section 1010A(d) of the Controlled Sub19 stances Import and Export Act (21 U.S.C. 960a(d)) 

20 is amended by striking ‘‘section 1958(b)(1)’’ and in21 serting ‘‘section 1958’’. 


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1 SEC. 4. INFLUENCING, IMPEDING, OR RETALIATING 

2 AGAINST A FEDERAL OFFICIAL BY THREAT3 ENING OR INJURING A FAMILY MEMBER. 

4 Section 115(b) of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(5) The sentence of a person convicted of an 

7 offense under subsection (a), if such offense was 

8 committed knowingly at the direction of or in coordi9 nation with a foreign government or an agent of a 

10 foreign government— 

11 ‘‘(A) may be increased by up to 5 years if 

12 the offense committed was an assault involving 

13 physical contact with the victim of that assault 

14 or the intent to commit another felony; 

15 ‘‘(B) may be increased by up to 10 years 

16 if— 

17 ‘‘(i) the offense committed was an as18 sault resulting in bodily injury (including 

19 serious bodily injury (as that term is de20 fined in section 1365 of this title)); 

21 ‘‘(ii) the offense involved any conduct 

22 that, if the conduct occurred in the special 

23 maritime and territorial jurisdiction of the 

24 United States, would violate section 2241 

25 or 2242 of this title; or 


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1 ‘‘(iii) a dangerous weapon was used 

2 during and in relation to the offense; and 

3 ‘‘(C) may be increased by up to 10 years 

4 if the offense committed was a murder, at5 tempted murder, or conspiracy to murder.’’. 

6 SEC. 5. STALKING. 

7 Section 2261A of title 18, United States Code, is 

8 amended— 

9 (1) by striking ‘‘Whoever—’’ and inserting ‘‘(a) 

10 IN GENERAL.—Except as provided in subsection (b), 

11 whoever—’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(b) ENHANCED PENALTIES FOR OFFENSES IN14 VOLVING FOREIGN GOVERNMENTS.—The sentence of a 

15 person convicted of an offense under paragraph (1) or (2) 

16 of subsection (a), if such offense was committed knowingly 

17 at the direction of or in coordination with a foreign gov18 ernment or an agent of a foreign government— 

19 ‘‘(1) may be increased by up to 5 years if— 

20 ‘‘(A) serious bodily injury (including per21 manent disfigurement or life threatening bodily 

22 injury) to the victim results; 

23 ‘‘(B) the offender uses a dangerous weap24 on during the offense; or 


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1 ‘‘(C) the victim of the offense is under the 

2 age of 18 years; 

3 ‘‘(2) may be increased by up to 10 years if 

4 death of the victim results; and 

5 ‘‘(3) may be increased by up to 30 months in 

6 any other case.’’. 

7 SEC. 6. PROTECTION OF OFFICERS AND EMPLOYEES OF 

8 THE UNITED STATES. 

9 Section 1114 of title 18, United States Code, is 

10 amended— 

11 (1) by redesignating subsection (b) as sub12 section (c); and 

13 (2) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) SENTENCE ENHANCEMENTS FOR OFFENSES DI16 RECTED BY OR COORDINATED WITH FOREIGN GOVERN17 MENTS.—The sentence of a person convicted of an offense 

18 under subsection (a) may be increased by up to 10 years 

19 if such offense was committed knowingly at the direction 

20 of or in coordination with a foreign government or an 

21 agent of a foreign government.’’. 

22 SEC. 7. PRESIDENTIAL AND PRESIDENTIAL STAFF ASSAS23 SINATION, KIDNAPPING, AND ASSAULT. 

24 Section 1751 of title 18, United States Code, is 

25 amended— 


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1 (1) by redesignating subsections (f) through (k) 

2 as subsections (g) through (i), respectively; and 

3 (2) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f)(1) The sentence of a person convicted of an of6 fense under subsection (a), (b), or (c) may be increased 

7 by up to 10 years if such offense was committed knowingly 

8 at the direction of or in coordination with a foreign gov9 ernment or an agent of a foreign government. 

10 ‘‘(2) The sentence of a person convicted of conspiring 

11 to kill or kidnap any individual designated in subsection 

12 (a) as part of a conspiracy under the elements specified 

13 in subsection (d) may be increased by up to 10 years if— 

14 ‘‘(A) 1 or more of the persons involved in such 

15 conspiracy were knowingly acting in coordination 

16 with a foreign government or an agent of a foreign 

17 government; and 

18 ‘‘(B) the person convicted of conspiring to kill 

19 or kidnap an individual designated in subsection (a) 

20 knew that 1 or more of the persons involved in such 

21 conspiracy were knowingly acting in coordination 

22 with a foreign government or an agent of a foreign 

23 government. 


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1 ‘‘(3) The sentence of a person convicted of an offense 

2 under subsection (e) may be increased by up to 10 years 

3 if— 

4 ‘‘(A) the victim was any person designated in 

5 subsection (a)(1); and 

6 ‘‘(B) such offense was committed knowingly at 

7 the direction of or in coordination with a foreign 

8 government or an agent of a foreign government. 

9 ‘‘(4) The sentence of a person convicted of an offense 

10 under subsection (e) may be increased by up to 10 years 

11 if— 

12 ‘‘(A) the victim was any person designated in 

13 subsection (a)(2); and 

14 ‘‘(B) such offense was committed knowingly at 

15 the direction of or in coordination with a foreign 

16 government or an agent of a foreign government. 

17 ‘‘(5) The sentence of a person convicted of an offense 

18 under subsection (e) may be increased by up to 10 years 

19 if— 

20 ‘‘(A)(i) the offense involved the use of a dan21 gerous weapon; or 

22 ‘‘(ii) personal injury resulted; and 


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1 ‘‘(B) such offense was committed knowingly at 

2 the direction of or in coordination with a foreign 

3 government or an agent of a foreign government.’’. 

Æ 


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