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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5398 Engrossed in Senate (ES)]

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118th CONGRESS
  2d Session
                                S. 5398

_______________________________________________________________________

                                 AN ACT

 
  To authorize sentencing enhancements for certain criminal offenses 
          directed by or coordinated with foreign governments.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deterring External Threats and 
Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors 
Act'' or the ``DETERRENCE Act''.

SEC. 2. KIDNAPPING.

    Section 1201 of title 18, United States Code, is amended--
            (1) by redesignating subsection (h) as subsection (i);
            (2) by inserting after subsection (g) the following:
    ``(h) Sentence Enhancements for Offenses Directed by or Coordinated 
With Foreign Governments.--
            ``(1) In general.--The sentence of a person convicted of an 
        offense under subsection (a) may be increased by up to 10 years 
        if such offense was committed knowingly at the direction of or 
        in coordination with a foreign government or an agent of a 
        foreign government.
            ``(2) Conspiracy.--The sentence of a person convicted of 
        conspiring to commit a violation of subsection (a) as part of a 
        conspiracy under the elements specified in subsection (c) may 
        be increased by up to 10 years if--
                    ``(A) 1 or more of the persons involved in such 
                conspiracy were knowingly acting in coordination with a 
                foreign government or an agent of a foreign government; 
                and
                    ``(B) the person convicted of conspiring to commit 
                a violation of subsection (a) knew that 1 or more of 
                the persons involved in such conspiracy were knowingly 
                acting in coordination with a foreign government or an 
                agent of a foreign government.
            ``(3) Attempt.--The sentence of a person convicted of an 
        attempt to violate subsection (a) may be increased by up to 5 
        years if such attempt was knowingly at the direction of or in 
        coordination with a foreign government or an agent of a foreign 
        government.''; and
            (3) in subsection (i), as so designated, by inserting 
        ``Definition.--'' before ``As used in this section''.

SEC. 3. USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF 
              MURDER-FOR-HIRE.

    (a) In General.--Section 1958 of title 18, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by inserting after subsection (a) the following:
    ``(b) Sentence Enhancements for Offenses Directed by or Coordinated 
With Foreign Governments.--The sentence of a person convicted of an 
offense under subsection (a)--
            ``(1) may be increased by up to 5 years, if such offense 
        was committed knowingly at the direction of or in coordination 
        with a foreign government or an agent of a foreign government; 
        and
            ``(2) may be increased by up to 10 years--
                    ``(A) if such offense was committed knowingly at 
                the direction of or in coordination with a foreign 
                government or an agent of a foreign government; and
                    ``(B) personal injury results.''; and
            (3) in subsection (c), as so redesignated, by inserting 
        ``Definitions.--'' before ``As used in this section''.
    (b) Technical and Conforming Amendments.--
            (1) Section 2332b(g)(2) of title 18, United States Code, is 
        amended by striking ``section 1958(b)(2)'' and inserting 
        ``section 1958''.
            (2) Section 1010A(d) of the Controlled Substances Import 
        and Export Act (21 U.S.C. 960a(d)) is amended by striking 
        ``section 1958(b)(1)'' and inserting ``section 1958''.

SEC. 4. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A FEDERAL 
              OFFICIAL BY THREATENING OR INJURING A FAMILY MEMBER.

    Section 115(b) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(5) The sentence of a person convicted of an offense 
        under subsection (a), if such offense was committed knowingly 
        at the direction of or in coordination with a foreign 
        government or an agent of a foreign government--
                    ``(A) may be increased by up to 5 years if the 
                offense committed was an assault involving physical 
                contact with the victim of that assault or the intent 
                to commit another felony;
                    ``(B) may be increased by up to 10 years if--
                            ``(i) the offense committed was an assault 
                        resulting in bodily injury (including serious 
                        bodily injury (as that term is defined in 
                        section 1365 of this title));
                            ``(ii) the offense involved any conduct 
                        that, if the conduct occurred in the special 
                        maritime and territorial jurisdiction of the 
                        United States, would violate section 2241 or 
                        2242 of this title; or
                            ``(iii) a dangerous weapon was used during 
                        and in relation to the offense; and
                    ``(C) may be increased by up to 10 years if the 
                offense committed was a murder, attempted murder, or 
                conspiracy to murder.''.

SEC. 5. STALKING.

    Section 2261A of title 18, United States Code, is amended--
            (1) by striking ``Whoever--'' and inserting ``(a) In 
        General.--Except as provided in subsection (b), whoever--''; 
        and
            (2) by adding at the end the following:
    ``(b) Enhanced Penalties for Offenses Involving Foreign 
Governments.--The sentence of a person convicted of an offense under 
paragraph (1) or (2) of subsection (a), if such offense was committed 
knowingly at the direction of or in coordination with a foreign 
government or an agent of a foreign government--
            ``(1) may be increased by up to 5 years if--
                    ``(A) serious bodily injury (including permanent 
                disfigurement or life threatening bodily injury) to the 
                victim results;
                    ``(B) the offender uses a dangerous weapon during 
                the offense; or
                    ``(C) the victim of the offense is under the age of 
                18 years;
            ``(2) may be increased by up to 10 years if death of the 
        victim results; and
            ``(3) may be increased by up to 30 months in any other 
        case.''.

SEC. 6. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.

    Section 1114 of title 18, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Sentence Enhancements for Offenses Directed by or Coordinated 
With Foreign Governments.--The sentence of a person convicted of an 
offense under subsection (a) may be increased by up to 10 years if such 
offense was committed knowingly at the direction of or in coordination 
with a foreign government or an agent of a foreign government.''.

SEC. 7. PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPPING, 
              AND ASSAULT.

    Section 1751 of title 18, United States Code, is amended--
            (1) by redesignating subsections (f) through (k) as 
        subsections (g) through (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f)(1) The sentence of a person convicted of an offense under 
subsection (a), (b), or (c) may be increased by up to 10 years if such 
offense was committed knowingly at the direction of or in coordination 
with a foreign government or an agent of a foreign government.
    ``(2) The sentence of a person convicted of conspiring to kill or 
kidnap any individual designated in subsection (a) as part of a 
conspiracy under the elements specified in subsection (d) may be 
increased by up to 10 years if--
            ``(A) 1 or more of the persons involved in such conspiracy 
        were knowingly acting in coordination with a foreign government 
        or an agent of a foreign government; and
            ``(B) the person convicted of conspiring to kill or kidnap 
        an individual designated in subsection (a) knew that 1 or more 
        of the persons involved in such conspiracy were knowingly 
        acting in coordination with a foreign government or an agent of 
        a foreign government.
    ``(3) The sentence of a person convicted of an offense under 
subsection (e) may be increased by up to 10 years if--
            ``(A) the victim was any person designated in subsection 
        (a)(1); and
            ``(B) such offense was committed knowingly at the direction 
        of or in coordination with a foreign government or an agent of 
        a foreign government.
    ``(4) The sentence of a person convicted of an offense under 
subsection (e) may be increased by up to 10 years if--
            ``(A) the victim was any person designated in subsection 
        (a)(2); and
            ``(B) such offense was committed knowingly at the direction 
        of or in coordination with a foreign government or an agent of 
        a foreign government.
    ``(5) The sentence of a person convicted of an offense under 
subsection (e) may be increased by up to 10 years if--
            ``(A)(i) the offense involved the use of a dangerous 
        weapon; or
            ``(ii) personal injury resulted; and
            ``(B) such offense was committed knowingly at the direction 
        of or in coordination with a foreign government or an agent of 
        a foreign government.''.

            Passed the Senate December 17 (legislative day, December 
      16), 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 5398

_______________________________________________________________________

                                 AN ACT

  To authorize sentencing enhancements for certain criminal offenses 
          directed by or coordinated with foreign governments.
```