S. 5398Senate118th Congress (2023-2025)Passed Senate

DETERRENCE Act

AI-Generated Summary

Updated January 20, 2026 at 8:06 PM UTC

The DETERRENCE Act adds mandatory sentencing enhancements for a range of federal crimes when they are carried out at the direction of, or in coordination with, a foreign government or its agents. It applies to kidnapping, murder‑for‑hire, threats against federal officials, stalking, attacks on officers, and plots against presidential officials and staff. The law increases prison terms by up to 10 years (or lesser amounts for certain offenses) for those involved in foreign‑directed criminal activity.

Key Provisions

Adds up to a 10‑year sentence increase for kidnapping offenses committed with foreign government direction or coordination, including conspiracies and attempts.
Creates a 5‑ to 10‑year enhancement for murder‑for‑hire crimes using interstate commerce facilities when linked to foreign governments, with higher penalties if personal injury occurs.
Allows a 5‑ to 10‑year increase for offenses that threaten or injure federal officials or their families if done at foreign government direction.
Introduces enhanced penalties for stalking: up to 5 years for serious injury, weapon use, or victim under 18; up to 10 years if the victim dies; up to 30 months for other cases, when foreign‑directed.
Provides a 10‑year sentence boost for attacks on U.S. officers and employees if the crime is foreign‑government directed.
Adds up to a 10‑year enhancement for assassination, kidnapping, or assault of presidential officials, staff, or designated persons when coordinated with a foreign government.

Legislative Activity

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6 earlier actions

HouseFloor Latest Action

Held at the desk.

December 18, 2024 • 6:26 PM

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SenateIntro Referral

Introduced in Senate

November 21, 2024

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

November 21, 2024

SenateCommittee

Senate Committee on the Judiciary discharged by Unanimous Consent.

Judiciary Committee

December 17, 2024

SenateFloor

Passed Senate without amendment by Voice Vote. (consideration: CR S7098-7099; text: CR S7098-7099)

December 17, 2024

SenateFloor

Message on Senate action sent to the House.

December 18, 2024

HouseFloor

Received in the House.

December 18, 2024 • 6:02 PM

HouseFloor

Held at the desk.

December 18, 2024 • 6:26 PM

Floor Debate

1 member

What members said about S. 5398 on the floor

1 Democrat

Sen. Charles E. SchumerD-NY · Dec 17, 2024

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. I ask unanimous…

Bill Text

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Engrossed in SenateIssued December 17, 2024

118th CONGRESS

2d Session

S. 5398

AN ACT

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

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.

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.

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.

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.

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.

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

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.

Secretary