S.Amdt. 4370

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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