SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect and Serve Act 
of 2018’’. 
SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFI-
CERS. 
(a) IN GENERAL.—Chapter 7 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 120. Crimes targeting law enforcement officers 
‘‘(a) IN GENERAL.—Whoever, in any circumstance 
described in subsection (b), knowingly assaults a law en-
forcement officer causing serious bodily injury, or at-
tempts to do so— 
‘‘(1) shall be imprisoned not more than 10 
years, fined in accordance with this title, or both; 
and 
‘‘(2) shall be imprisoned for any term of years 
or for life, fined in accordance with this title, or 
both, if— 
‘‘(A) death results from the offense; or 
‘‘(B) the offense includes kidnapping or an 
attempt to kidnap, or an attempt to kill. 
‘‘(b) CIRCUMSTANCES DESCRIBED.—For purposes of 
subsection (a), the circumstances described in this sub-
paragraph are that—
‘‘(1) the conduct described in subsection (a) oc-
curs during the course of, or as the result of, the 
travel of the defendant or the victim— 
‘‘(A) across a State line or national border; 
or 
‘‘(B) using a channel, facility, or instru-
mentality of interstate or foreign commerce; 
‘‘(2) the defendant uses a channel, facility, or 
instrumentality of interstate or foreign commerce in 
connection with the conduct described in subsection 
(a); 
‘‘(3) in connection with the conduct described in 
subsection (a), the defendant employs a firearm, 
dangerous weapon, explosive or incendiary device, or 
other weapon that has traveled in interstate or for-
eign commerce; 
‘‘(4) the conduct described in subsection (a)— 
‘‘(A) interferes with commercial or other 
economic activity in which the victim is engaged 
at the time of the conduct; or 
‘‘(B) otherwise affects interstate or foreign 
commerce; or 
‘‘(5) the victim is a Federal law enforcement of-
ficer. 
‘‘(c) CERTIFICATION REQUIREMENT.—
‘‘(1) IN GENERAL.—No prosecution of any of-
fense described in this section may be undertaken by 
the United States, except under the certification in 
writing of the Attorney General, or a designee, 
that— 
‘‘(A) the State does not have jurisdiction; 
‘‘(B) the State has requested that the Fed-
eral Government assume jurisdiction; 
‘‘(C) the verdict or sentence obtained pur-
suant to State charges left demonstratively 
unvindicated the Federal interest in protecting 
the public safety; or 
‘‘(D) a prosecution by the United States is 
in the public interest and necessary to secure 
substantial justice. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to limit the au-
thority of Federal officers, or a Federal grand jury, 
to investigate possible violations of this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) LAW ENFORCEMENT OFFICER.—The term 
‘law enforcement officer’ means an employee of a 
governmental or public agency who is authorized by 
law—
‘‘(A) to engage in or supervise the preven-
tion, detection, or the investigation of any 
criminal violation of law; or 
‘‘(B) to engage in or supervise the deten-
tion or the incarceration of any person for any 
criminal violation of law. 
‘‘(2) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, or 
any commonwealth, territory, or possession of the 
United States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘120. Crimes targeting law enforcement officers.’’. 
Passed the House of Representatives May 16, 2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 5698 
AN ACT 
To amend title 18, United States Code, to punish 
criminal offenses targeting law enforcement offi-
cers, and for other purposes.