I 119THCONGRESS 1 STSESSION H. R. 2394 To authorize sentencing enhancements for certain criminal offenses directed by or coordinated with foreign governments. IN THE HOUSE OF REPRESENTATIVES MARCH26, 2025 Mrs. W AGNER(for herself, Mr. SCHNEIDER, and Mr. MORAN) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize sentencing enhancements for certain criminal offenses directed by or coordinated with foreign governments. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Deterring External 4 Threats and Ensuring Robust Responses to Egregious and 5 Nefarious Criminal Endeavors Act’’ or the ‘‘DETER-6 RENCE Act’’. 7 SEC. 2. KIDNAPPING. 8 Section 1201 of title 18, United States Code, is 9 amended— 10 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2394 IH (1) by redesignating subsection (h) as sub-1 section (i); 2 (2) by inserting after subsection (g) the fol-3 lowing: 4 ‘‘(h) S ENTENCEENHANCEMENTS FOR OFFENSESDI-5 RECTED BY ORCOORDINATEDWITHFOREIGNGOVERN-6 MENTS.— 7 ‘‘(1) I N GENERAL.—The sentence of a person 8 convicted of an offense under subsection (a) may be 9 increased by up to 10 years if such offense was com-10 mitted knowingly at the direction of or in coordina-11 tion with a foreign government or an agent of a for-12 eign government. 13 ‘‘(2) C ONSPIRACY.—The sentence of a person 14 convicted of conspiring to commit a violation of sub-15 section (a) as part of a conspiracy under the ele-16 ments specified in subsection (c) may be increased 17 by up to 10 years if— 18 ‘‘(A) 1 or more of the persons involved in 19 such conspiracy were knowingly acting in co-20 ordination with a foreign government or an 21 agent of a foreign government; and 22 ‘‘(B) the person convicted of conspiring to 23 commit a violation of subsection (a) knew that 24 1 or more of the persons involved in such con-25 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2394 IH spiracy were knowingly acting in coordination 1 with a foreign government or an agent of a for-2 eign government. 3 ‘‘(3) A TTEMPT.—The sentence of a person con-4 victed of an attempt to violate subsection (a) may be 5 increased by up to 5 years if such attempt was 6 knowingly at the direction of or in coordination with 7 a foreign government or an agent of a foreign gov-8 ernment.’’; and 9 (3) in subsection (i), as so designated, by in-10 serting ‘‘D EFINITION.—’’ before ‘‘As used in this 11 section’’. 12 SEC. 3. USE OF INTERSTATE COMMERCE FACILITIES IN 13 THE COMMISSION OF MURDER-FOR-HIRE. 14 (a) I NGENERAL.—Section 1958 of title 18, United 15 States Code, is amended— 16 (1) by redesignating subsection (b) as sub-17 section (c); 18 (2) by inserting after subsection (a) the fol-19 lowing: 20 ‘‘(b) S ENTENCEENHANCEMENTS FOR OFFENSESDI-21 RECTED BY ORCOORDINATEDWITHFOREIGNGOVERN-22 MENTS.—The sentence of a person convicted of an offense 23 under subsection (a)— 24 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 2394 IH ‘‘(1) may be increased by up to 5 years, if such 1 offense was committed knowingly at the direction of 2 or in coordination with a foreign government or an 3 agent of a foreign government; and 4 ‘‘(2) may be increased by up to 10 years— 5 ‘‘(A) if such offense was committed know-6 ingly at the direction of or in coordination with 7 a foreign government or an agent of a foreign 8 government; and 9 ‘‘(B) personal injury results.’’; and 10 (3) in subsection (c), as so redesignated, by in-11 serting ‘‘D EFINITIONS.—’’ before ‘‘As used in this 12 section’’. 13 (b) T ECHNICAL ANDCONFORMINGAMENDMENTS.— 14 (1) Section 2332b(g)(2) of title 18, United 15 States Code, is amended by striking ‘‘section 16 1958(b)(2)’’ and inserting ‘‘section 1958’’. 17 (2) Section 1010A(d) of the Controlled Sub-18 stances Import and Export Act (21 U.S.C. 960a(d)) 19 is amended by striking ‘‘section 1958(b)(1)’’ and in-20 serting ‘‘section 1958’’. 21 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 2394 IH SEC. 4. INFLUENCING, IMPEDING, OR RETALIATING 1 AGAINST A FEDERAL OFFICIAL BY THREAT-2 ENING OR INJURING A FAMILY MEMBER. 3 Section 115(b) of title 18, United States Code, is 4 amended by adding at the end the following: 5 ‘‘(5) The sentence of a person convicted of an offense 6 under subsection (a), if such offense was committed know-7 ingly at the direction of or in coordination with a foreign 8 government or an agent of a foreign government— 9 ‘‘(A) may be increased by up to 5 years if the 10 offense committed was an assault involving physical 11 contact with the victim of that assault or the intent 12 to commit another felony; 13 ‘‘(B) may be increased by up to 10 years if— 14 ‘‘(i) the offense committed was an assault 15 resulting in bodily injury (including serious bod-16 ily injury (as that term is defined in section 17 1365 of this title)); 18 ‘‘(ii) the offense involved any conduct that, 19 if the conduct occurred in the special maritime 20 and territorial jurisdiction of the United States, 21 would violate section 2241 or 2242 of this title; 22 or 23 ‘‘(iii) a dangerous weapon was used during 24 and in relation to the offense; and 25 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 2394 IH ‘‘(C) may be increased by up to 10 years if the 1 offense committed was a murder, attempted murder, 2 or conspiracy to murder.’’. 3 SEC. 5. STALKING. 4 Section 2261A of title 18, United States Code, is 5 amended— 6 (1) by striking ‘‘Whoever—’’ and inserting ‘‘(a) 7 I NGENERAL.—Except as provided in subsection (b), 8 whoever—’’; and 9 (2) by adding at the end the following: 10 ‘‘(b) E NHANCEDPENALTIES FOR OFFENSESIN-11 VOLVINGFOREIGNGOVERNMENTS.—The sentence of a 12 person convicted of an offense under paragraph (1) or (2) 13 of subsection (a), if such offense was committed knowingly 14 at the direction of or in coordination with a foreign gov-15 ernment or an agent of a foreign government— 16 ‘‘(1) may be increased by up to 5 years if— 17 ‘‘(A) serious bodily injury (including per-18 manent disfigurement or life threatening bodily 19 injury) to the victim results; 20 ‘‘(B) the offender uses a dangerous weap-21 on during the offense; or 22 ‘‘(C) the victim of the offense is under the 23 age of 18 years; 24 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 2394 IH ‘‘(2) may be increased by up to 10 years if 1 death of the victim results; and 2 ‘‘(3) may be increased by up to 30 months in 3 any other case.’’. 4 SEC. 6. PROTECTION OF OFFICERS AND EMPLOYEES OF 5 THE UNITED STATES. 6 Section 1114 of title 18, United States Code, is 7 amended— 8 (1) by redesignating subsection (b) as sub-9 section (c); and 10 (2) by inserting after subsection (a) the fol-11 lowing: 12 ‘‘(b) S ENTENCEENHANCEMENTS FOR OFFENSESDI-13 RECTED BY ORCOORDINATEDWITHFOREIGNGOVERN-14 MENTS.—The sentence of a person convicted of an offense 15 under subsection (a) may be increased by up to 10 years 16 if such offense was committed knowingly at the direction 17 of or in coordination with a foreign government or an 18 agent of a foreign government.’’. 19 SEC. 7. PRESIDENTIAL AND PRESIDENTIAL STAFF ASSAS-20 SINATION, KIDNAPPING, AND ASSAULT. 21 Section 1751 of title 18, United States Code, is 22 amended— 23 (1) by redesignating subsections (f) through (k) 24 as subsections (g) through (i), respectively; and 25 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 2394 IH (2) by inserting after subsection (e) the fol-1 lowing: 2 ‘‘(f)(1) The sentence of a person convicted of an of-3 fense under subsection (a), (b), or (c) may be increased 4 by up to 10 years if such offense was committed knowingly 5 at the direction of or in coordination with a foreign gov-6 ernment or an agent of a foreign government. 7 ‘‘(2) The sentence of a person convicted of conspiring 8 to kill or kidnap any individual designated in subsection 9 (a) as part of a conspiracy under the elements specified 10 in subsection (d) may be increased by up to 10 years if— 11 ‘‘(A) 1 or more of the persons involved in such 12 conspiracy were knowingly acting in coordination 13 with a foreign government or an agent of a foreign 14 government; and 15 ‘‘(B) the person convicted of conspiring to kill 16 or kidnap an individual designated in subsection (a) 17 knew that 1 or more of the persons involved in such 18 conspiracy were knowingly acting in coordination 19 with a foreign government or an agent of a foreign 20 government. 21 ‘‘(3) The sentence of a person convicted of an offense 22 under subsection (e) may be increased by up to 10 years 23 if— 24 VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 2394 IH ‘‘(A) the victim was any person designated in 1 subsection (a)(1); and 2 ‘‘(B) such offense was committed knowingly at 3 the direction of or in coordination with a foreign 4 government or an agent of a foreign government. 5 ‘‘(4) The sentence of a person convicted of an offense 6 under subsection (e) may be increased by up to 10 years 7 if— 8 ‘‘(A) the victim was any person designated in 9 subsection (a)(2); and 10 ‘‘(B) such offense was committed knowingly at 11 the direction of or in coordination with a foreign 12 government or an agent of a foreign government. 13 ‘‘(5) The sentence of a person convicted of an offense 14 under subsection (e) may be increased by up to 10 years 15 if— 16 ‘‘(A)(i) the offense involved the use of a dan-17 gerous weapon; or 18 ‘‘(ii) personal injury resulted; and 19 ‘‘(B) such offense was committed knowingly at 20 the direction of or in coordination with a foreign 21 government or an agent of a foreign government.’’. 22 Æ VerDate Sep 11 2014 02:21 Apr 01, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H2394.IH H2394 ssavage on LAPJG3WLY3PROD with BILLS