Technical corrections only. The changes between v1 and v2 are purely cosmetic, reflecting the bill's engrossment in the Senate and associated formatting. There are no substantive policy changes to the legislative text.
DETERRENCE Act
- Sponsor
- Sen. Hassan, Margaret Wood [D-NH]
- Committees
- Judiciary Committee (primary), Homeland Security and Governmental Affairs Committee
- Last action
- Jun 11, 2025
Bottom line
The DETERRENCE Act aims to strengthen national security by imposing significantly longer prison sentences for serious crimes that are orchestrated or supported by foreign governments, thereby increasing deterrence against state-sponsored illicit activities.
What it actually does
This bill, known as the DETERRENCE Act, amends several sections of Title 18 of the U.S. Code to authorize increased sentencing enhancements for specific criminal offenses when those offenses are committed knowingly at the direction of or in coordination with a foreign government or its agent. The affected crimes include kidnapping, murder-for-hire, influencing federal officials by threatening family members, stalking, assaults on federal officers, and assassination, kidnapping, or assault of the President and other protected persons.
Proponents argue
Supporters argue that this legislation is crucial for national security, providing federal prosecutors with stronger tools to combat sophisticated threats from foreign adversaries who engage in criminal operations against U.S. citizens, officials, or interests. They contend that existing penalties do not adequately account for the unique gravity of state-sponsored crimes, and these enhancements will provide a necessary deterrent and ensure robust responses.
Opponents contend
Critics might argue that existing laws already provide severe penalties for these crimes, and that additional enhancements could lead to disproportionate sentences or create an overly complex legal framework. Concerns could also be raised about the evidentiary challenges of definitively proving foreign government coordination, potentially leading to difficulties in applying the enhancements consistently or fairly.
The bill is relatively short and clearly structured, making it accessible for a quick review by an informed reader seeking to understand its core provisions.
Section 2, amending 18 U.S.C. 1201
Enhanced Penalties for Foreign Government-Directed Kidnapping
This provision adds a sentencing enhancement of up to 10 years for individuals convicted of kidnapping if the offense was committed knowingly at the direction of or in coordination with a foreign government or its agent. Similar enhancements, up to 10 years for conspiracy and up to 5 years for attempt, are also authorized under the same conditions of foreign government involvement.
Supporters argue
Supporters argue this enhancement is crucial for deterring foreign adversaries from engaging in state-sponsored kidnappings, which pose a direct threat to national security and individual liberty, often targeting dissidents or intelligence assets.
Critics contend
Some might argue that existing severe penalties for kidnapping are already sufficient, and adding further enhancements could complicate prosecutions or lead to overly harsh sentences without clear evidence of foreign direction.
Tradeoffs
This provision balances the desire for stronger deterrence against potential concerns about the prosecutorial burden of proving foreign government coordination and the overall severity of sentencing.
Section 3, amending 18 U.S.C. 1958
Enhanced Penalties for Foreign Government-Directed Murder-for-Hire
This section introduces sentencing enhancements for murder-for-hire offenses. If the offense was committed knowingly at the direction of or in coordination with a foreign government or its agent, the sentence may be increased by up to 5 years. If personal injury results from such an offense, the enhancement can be up to 10 years.
Section 4, amending 18 U.S.C. 115
Enhanced Penalties for Foreign Government-Directed Threats to Federal Officials' Families
This provision adds new sentencing enhancements for offenses involving threatening or injuring a family member of a federal official to influence that official, if the offense was committed knowingly at the direction of or in coordination with a foreign government or its agent. Enhancements range from up to 5 years for assaults involving physical contact or intent to commit another felony, to up to 10 years for assaults resulting in bodily injury, sexual assault, use of a dangerous weapon, or murder/attempted murder/conspiracy to murder.
Section 5, amending 18 U.S.C. 2261A
Enhanced Penalties for Foreign Government-Directed Stalking
This section authorizes sentencing enhancements for stalking offenses if committed knowingly at the direction of or in coordination with a foreign government or its agent. The enhancements vary: up to 5 years if serious bodily injury results, a dangerous weapon is used, or the victim is under 18; up to 10 years if the victim's death results; and up to 30 months in any other case of foreign-directed stalking.
Section 6, amending 18 U.S.C. 1114
Enhanced Penalties for Foreign Government-Directed Assaults on Federal Officers
This section authorizes a sentencing enhancement of up to 10 years for individuals convicted of killing or attempting to kill federal officers and employees (under 18 U.S.C. 1114(a)) if the offense was committed knowingly at the direction of or in coordination with a foreign government or its agent.
Section 7, amending 18 U.S.C. 1751
Enhanced Penalties for Foreign Government-Directed Attacks on Protected Persons
This section authorizes a sentencing enhancement of up to 10 years for offenses related to the assassination, kidnapping, or assault of the President, Vice President, or other designated protected persons (including presidential staff). This enhancement applies if the offense was committed knowingly at the direction of or in coordination with a foreign government or its agent, covering the principal offense, conspiracy, and assault (subsection (e)) under specific conditions (e.g., victim type, use of a dangerous weapon, personal injury).