Official Summaries

Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act or the DETERRENCE Act

This bill establishes sentencing enhancements for various federal criminal offenses if the offenses are directed by or coordinated with a foreign government.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1136 Engrossed in Senate (ES)]

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119th CONGRESS
  1st Session
                                S. 1136

_______________________________________________________________________

                                 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 June 10, 2025.

            Attest:

                                                             Secretary.
119th CONGRESS

  1st Session

                                S. 1136

_______________________________________________________________________

                                 AN ACT

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