[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7892-S7893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4370. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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. ____. MODERNIZATION OF NATIONAL SECURITY CRIMES.

       (a) Penalty for Extraterritorial Killing of a United States 
     National for Terrorist Purposes.--Section 2332(a) of title 
     18, United States Code, is amended--
       (1) in paragraph (1), by inserting ``in the first degree'' 
     after ``murder'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) if the killing is murder in the second degree (as 
     defined in section 1111(a)), be fined under this title, 
     punished by imprisonment for any term of years or for life, 
     or both;'';
       (4) in paragraph (3), as so redesignated, by striking ``ten 
     years'' and inserting ``15 years''; and
       (5) in paragraph (4), as so redesignated, by striking 
     ``three years'' and inserting ``8 years''.
       (b) Clarifying United States Jurisdiction in Conspiracy 
     Cases.--Section 956 of title 18, United States Code, is 
     amended--
       (1) in subsection (a)(1), by striking ``, within the 
     jurisdiction of the United States,''; and
       (2) in subsection (b), by striking ``, within the 
     jurisdiction of the United States,''.
       (c) Expanding Offense of Hostage Taking Against United 
     States Nationals Abroad.--Section 1203 of title 18, United 
     States Code, is amended--
       (1) in subsection (a), by inserting after ``release of the 
     person detained,'' the following: ``or in order to coerce, 
     intimidate, or retaliate against a governmental organization 
     or a civilian population,''; and
       (2) in subsection (b)--

[[Page S7893]]

       (A) in paragraph (1)(C), by inserting after ``compelled'' 
     the following: ``, coerced, intimidated, or retaliated 
     against''; and
       (B) in paragraph (2), by inserting after ``compelled'' the 
     following: ``, coerced, intimidated, or retaliated against''.
       (d) Expanding Availability of Supervised Release in 
     Terrorism-related Juvenile Proceedings.--Section 5037(d) of 
     title 18, United States Code, is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``may not extend'';
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (C) by inserting before clause (i), as so redesignated, the 
     following:
       ``(A) except as provided in subparagraph (B), may not 
     extend--'';
       (D) in subparagraph (A), as so designated--
       (i) in clause (i), as so redesignated, by striking ``a term 
     that extends''; and
       (ii) in clause (ii), as so redesignated--

       (I) by striking ``a term that extends''; and
       (II) by striking the period at the end and inserting ``; 
     or''; and

       (E) by adding at the end the following:
       ``(B) may not extend beyond the date that is 10 years after 
     the date when the juvenile becomes 21 years old if the 
     juvenile--
       ``(i) is charged with an offense listed in section 
     2332b(g)(5)(B); and
       ``(ii) is eligible under section 5032 for a motion to 
     transfer to adult status, but is not transferred to adult 
     status.'';
       (2) in paragraph (5), in the fifth sentence, by inserting 
     after ``26th birthday,'' the following: ``in the case of a 
     juvenile described in paragraph (2)(B), no term of official 
     detention may continue beyond the juvenile's 31st 
     birthday,''; and
       (3) in paragraph (6), in the second sentence, by inserting 
     after ``26th birthday,'' the following: ``in the case of a 
     juvenile described in paragraph (2)(B), no term of juvenile 
     delinquent supervision may continue beyond the juvenile's 
     31st birthday,''.
       (e) Expanding Use of Supervised Release for Convicted 
     Terrorists.--Section 3583(j) of title 18, United States Code, 
     is amended--
       (1) by striking ``for any offense'' and inserting the 
     following: ``for--
       ``(1) any offense'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(2) an offense under section 371 (relating to conspiracy 
     to commit offense against or defraud the United States), when 
     the charge includes an offense listed in section 2332b(5)(B) 
     as the predicate for the conspiracy, is not more than 10 
     years.''.
       (f) Clarifying Process for Protecting Classified 
     Information Under the Classified Information Procedures 
     Act.--Section 4 of the Classified Information Procedures Act 
     (18 U.S.C. App.) is amended--
       (1) by striking ``The court, upon'' and inserting the 
     following:
       ``(a) In General.--The court, upon''; and
       (2) by adding at the end the following:
       ``(b) Procedure.--If the United States seeks to delete, 
     withhold, or otherwise obtain other relief under subsection 
     (a) with respect to the discovery of any classified 
     information, the United States may object to the disclosure 
     of such classified information, supported by an ex parte 
     declaration signed by any knowledgeable official of the 
     United States possessing authority to classify such 
     information that sets forth the identifiable damage to the 
     national security that the disclosure of such information 
     reasonably could be expected to cause.''.
       (g) Clarifying Application of Classified Information 
     Procedures Act in Juvenile Proceedings.--Section 1 of the 
     Classified Information Procedures Act (18 U.S.C. App.) is 
     amended by adding at the end the following:
       ``(c) In this Act, the terms `criminal prosecution', 
     `criminal case', and `criminal proceeding', and any related 
     terms, include proceedings under chapter 403 of title 18, 
     United States Code.''.
       (h) Clarifying That Terrorists May Qualify for Transfer to 
     Adult Status Under Juvenile Transfer Provision.--
       (1) Delinquency proceedings in district courts; transfer 
     for criminal prosecution.--Section 5032 of title 18, United 
     States Code, is amended--
       (A) in the first undesignated paragraph--
       (i) by striking ``or section 1002(a),'' and inserting 
     ``section 1002(a),''; and
       (ii) by striking ``section 922(x) or section 924(b), (g), 
     or (h)'' and inserting ``or section 922(x), 924(b), (g), or 
     (h), or 2332b(g)(5)(B)''; and
       (B) in the fourth undesignated paragraph--
       (i) in the first sentence--

       (I) by striking ``or section 1002(a),'' and inserting 
     ``section 1002(a),''; and
       (II) by striking ``or section 922(x) of this title, or in 
     section 924(b), (g), or (h)'' and inserting ``or section 
     922(x), 924(b), (g), or (h), or 2332b(g)(5)(B)'';

       (ii) in the second sentence--

       (I) by striking ``crime of violence is an offense under'' 
     and inserting ``crime is an offense described in''; and
       (II) by inserting ``or 2332b(g)(5)(B),'' after ``1113,''; 
     and

       (iii) in the fourth sentence, by striking ``(i) or 2275'' 
     and inserting ``or (i), 2275, or 2332b(g)(5)(B)''.
       (2) Use of juvenile records.--Section 5038 of title 18, 
     United States Code, is amended--
       (A) in subsection (d), in the first sentence--
       (i) by striking ``or section 1001(a),'' and inserting ``, 
     section 1001(a),''; and
       (ii) by inserting ``or section 2332b(g)(5)(B) of this 
     title,'' after ``Controlled Substances Import and Export 
     Act,''; and
       (B) in subsection (f)--
       (i) by striking ``or section 1001(a),'' and inserting ``, 
     section 1001(a),''; and
       (ii) by inserting ``or section 2332b(g)(5)(B) of this 
     title,'' after ``Controlled Substances Import and Export 
     Act,''.
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