[Pages S7098-S7099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DETERRING EXTERNAL THREATS AND ENSURING ROBUST RESPONSES TO EGREGIOUS 
                  AND NEFARIOUS CRIMINAL ENDEAVORS ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
S. 5398 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 5398) to authorize sentencing enhancements for 
     certain criminal offenses directed by or coordinated with 
     foreign governments.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. SCHUMER. I know of no further debate on the bill.
  The PRESIDING OFFICER. Is there further debate?
  If not, the bill having been read the third time, the question is, 
Shall the bill pass?
  The bill (S. 5398) was passed, as follows:

                                S. 5398

       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--

[[Page S7099]]

       ``(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.''.

  Mr. SCHUMER. I ask that the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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