[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3408-S3409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6245. Ms. HASSAN (for herself and Ms. Ernst) submitted an
amendment intended to be proposed by her to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SENTENCING ENHANCEMENTS FOR CERTAIN CRIMINAL
OFFENSES DIRECTED BY OR COORDINATED WITH
FOREIGN GOVERNMENTS.
(a) 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.
``(4) Definition.--In this subsection, the term `agent of a
foreign government' means any person who acts as an agent,
representative, employee, or servant, or any person who acts
in any other capacity at the order, request, or under the
direction or control, of--
``(A) a foreign government or any component thereof,
including an official or employee of a foreign government; or
``(B) a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign government
or any component thereof, including an official or employee
of a foreign government.''; and
(3) in subsection (i), as so designated, by inserting
``Definition.--'' before ``As used in this section''.
(b) Use of Interstate Commerce Facilities in the Commission
of Murder-for-hire.--
(1) In general.--Section 1958 of title 18, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection (c);
(B) 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
(C) in subsection (c), as so redesignated--
(i) by inserting ``Definitions.--'' before ``As used in
this section'';
(ii) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively; and
(iii) by inserting before paragraph (2), as so
redesignated, the following:
``(1) the term `agent of a foreign power' has the meaning
given that term in section 1201(h);''.
(2) Technical and conforming amendments.--
(A) Section 2332b(g)(2) of title 18, United States Code, is
amended by striking ``section 1958(b)(2)'' and inserting
``section 1958''.
(B) 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''.
(c) 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 (as defined in
section 1201(h))--
``(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.''.
(d) 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 (as defined in section 1201(h))--
``(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.''.
(e) 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 (as
defined in section 1201(h)).''.
(f) 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
[[Page S3409]]
``(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.
``(6) In this subsection, the term `agent of a foreign
power' has the meaning given that term in section 1201(h).''.
______