[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1726 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1726

   To reauthorize the expiring intelligence tools of the USA PATRIOT 
    Improvement and Reauthorization Act of 2005 and defend against 
   terrorism through improved classified procedures and criminal law 
                    reforms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2009

  Mr. Kyl (for himself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To reauthorize the expiring intelligence tools of the USA PATRIOT 
    Improvement and Reauthorization Act of 2005 and defend against 
   terrorism through improved classified procedures and criminal law 
                    reforms, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``USA PATRIOT 
Reauthorization and Additional Weapons Against Terrorism Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--USA PATRIOT REAUTHORIZATION ACT OF 2009

Sec. 101. Short title.
Sec. 102. USA Patriot Improvement and Reauthorization Act repeal of 
                            sunset provisions.
Sec. 103. Repeal of sunset relating to individual terrorists as agents 
                            of foreign powers.
         TITLE II--CLASSIFIED INFORMATION PROCEDURES REFORM ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Ex parte authorizations under the Classified Information 
                            Procedures Act.
Sec. 204. Application of Classified Information Procedures Act to 
                            nondocumentary information.
Sec. 205. Interlocutory appeals under the Classified Information 
                            Procedures Act.
     TITLE III--ADDITIONAL GOVERNMENT WEAPONS AGAINST TERRORISM ACT

Sec. 301. Short title.
Sec. 302. Prevention and deterrence of material support for terrorist 
                            suicide bombings.
Sec. 303. Prohibiting attempts and conspiracies to obtain military-type 
                            training from a foreign terrorist 
                            organization.
Sec. 304. Prohibiting use of false travel documents.
Sec. 305. Preventing unwarranted release of convicted terrorists and 
                            sex offenders pending sentencing or appeal.

            TITLE I--USA PATRIOT REAUTHORIZATION ACT OF 2009

SEC. 101. SHORT TITLE.

    This title may be cited as the ``USA PATRIOT Reauthorization Act of 
2009''.

SEC. 102. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT REPEAL OF 
              SUNSET PROVISIONS.

    Section 102(b) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 
note, and 50 U.S.C. 1862 note) is repealed.

SEC. 103. REPEAL OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS 
              OF FOREIGN POWERS.

    Section 6001(b) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note) is repealed.

         TITLE II--CLASSIFIED INFORMATION PROCEDURES REFORM ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Classified Information Procedures 
Reform Act of 2009''.

SEC. 202. DEFINITIONS.

    (a) In General.--Section 1 of the Classified Information Procedures 
Act (18 U.S.C. App.) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) `Disclosure', as used in this Act--
            ``(1) means the release, transmittal, or making available 
        of, or providing access to, classified information to any 
        person (including a defendant or counsel for a defendant) 
        during discovery, or to a participant or member of the public 
        at any proceeding; and
            ``(2) does not include the release, transmittal, or making 
        available of, or providing access to, classified information by 
        the defendant to an attorney representing the defendant in a 
        matter who has received--
                    ``(A) the necessary security clearance to receive 
                the classified information; and
                    ``(B) if the classified information has been 
                designated as sensitive compartmented information or 
                special access program information, any additional 
                required authorization to receive the classified 
                information.''.
    (b) Technical and Conforming Amendment.--Section 501(3) of the 
Immigration and Nationality Act (8 U.S.C. 1531(3)) is amended by 
striking ``section 1(b)'' and inserting ``section 1''.

SEC. 203. EX PARTE AUTHORIZATIONS UNDER THE CLASSIFIED INFORMATION 
              PROCEDURES ACT.

    Section 4 of the Classified Information Procedures Act (18 U.S.C. 
App.) is amended--
            (1) in the second sentence--
                    (A) by striking ``may'' and inserting ``shall''; 
                and
                    (B) by striking ``authorization in the form of a 
                written statement to be inspected'' and inserting 
                ``authorization, together with any argument in support 
                of that request, in the form of a statement made ex 
                parte and to be considered''; and
            (2) in the third sentence--
                    (A) by striking ``If the court enters an order 
                granting relief following such an ex parte showing, 
                the'' and inserting ``The''; and
                    (B) inserting ``, and the transcript of any 
                argument and any summary of the classified information 
                the defendant seeks to obtain,'' after ``text of the 
                statement of the United States''.

SEC. 204. APPLICATION OF CLASSIFIED INFORMATION PROCEDURES ACT TO 
              NONDOCUMENTARY INFORMATION.

    Section 4 of the Classified Information Procedures Act (18 U.S.C. 
App.), as amended by section 203 of this Act, is amended--
            (1) in the section heading, by inserting ``and access to'' 
        after ``of'';
            (2) by inserting ``(a) In General.--'' before ``The court, 
        upon''; and
            (3) by adding the following at the end the following:
    ``(b) Access to Other Classified Information.--(1) If the defendant 
seeks access through deposition under the Federal Rules of Criminal 
Procedure or otherwise to nondocumentary information from a potential 
witness or other person which the defendant knows or reasonably 
believes is classified, the defendant shall notify the attorney for the 
United States and the district court in writing. Such notice shall 
specify with particularity the classified information sought by the 
defendant and the legal basis for such access. At a time set by the 
court, the United States may oppose such access to the classified 
information.
    ``(2) If, after consideration of any objection raised by the United 
States, including any objection asserted on the basis of privilege, the 
court determines that the defendant is legally entitled to have access 
to the information specified in a notice made under paragraph (1), the 
United States may request the substitution of a summary of the 
classified information or the substitution of a statement admitting 
relevant facts that the classified information would tend to prove.
    ``(3) The court shall permit the United States to make an objection 
to access to classified information under paragraph (1) or a request 
for a substitution under paragraph (2) in the form of a statement made 
ex parte and to be considered by the court alone. The entire text of 
the statement of the United States, and any summary of the classified 
information the defendant seeks to obtain, shall be sealed and 
preserved in the records of the court and made available to the 
appellate court in the event of an appeal.
    ``(4) A court shall grant the request of the United States to 
substitute a summary of the classified information or to substitute a 
statement admitting relevant facts that the classified information 
would tend to prove under paragraph (2) if the court finds that the 
summary or statement will provide the defendant with substantially the 
same ability to make a defense as would disclosure of the specific 
classified information.
    ``(5) A defendant may not obtain access to classified information 
subject to this subsection except as provided in this subsection. Any 
proceeding, whether by deposition under the Federal Rules of Criminal 
Procedure or otherwise, in which a defendant seeks to obtain access to 
classified information subject to this subsection not previously 
authorized by a court for disclosure under this subsection shall be 
discontinued or may proceed only as to lines of inquiry not involving 
the classified information.''.

SEC. 205. INTERLOCUTORY APPEALS UNDER THE CLASSIFIED INFORMATION 
              PROCEDURES ACT.

    Section 7(a) of the Classified Information Procedures Act (18 
U.S.C. App.) is amended by adding the following at the end: ``The right 
of the United States to appeal under this subsection applies without 
regard to whether the order appealed from was entered under this 
Act.''.

     TITLE III--ADDITIONAL GOVERNMENT WEAPONS AGAINST TERRORISM ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Additional Government Weapons 
Against Terrorism Act of 2009''.

SEC. 302. PREVENTION AND DETERRENCE OF MATERIAL SUPPORT FOR TERRORIST 
              SUICIDE BOMBINGS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Providing material support to international terrorism
    ``(a) Definitions.--In this section--
            ``(1) the term `facility of interstate or foreign commerce' 
        has the meaning given that term in section 1958;
            ``(2) the term `material support or resources' has the 
        meaning given that term in section 2339A;
            ``(3) the term `perpetrator of an act' includes any person 
        who--
                    ``(A) commits the act;
                    ``(B) aids, abets, counsels, commands, induces, or 
                procures the commission of the act; or
                    ``(C) attempts, plots, or conspires to commit the 
                act; and
            ``(4) the term `serious bodily injury' has the meaning 
        given that term in section 1365.
    ``(b) Prohibition.--Whoever, in a circumstance described in 
subsection (c), provides, or attempts or conspires to provide, material 
support or resources to the perpetrator of an act of international 
terrorism, to a family member of the perpetrator of an act of 
international terrorism perpetrator, or to any other person, with the 
intent to facilitate, reward, or encourage that act or other acts of 
international terrorism, shall be fined under this title, imprisoned 
not more than 15 years, or both, and, if death results, shall be 
imprisoned for any term of years or for life.
    ``(c) Jurisdictional Bases.--A circumstance referred to in this 
subsection is that--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense involves the use of the mails or a 
        facility of interstate or foreign commerce;
            ``(3) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that affects 
        interstate or foreign commerce or would have affected 
        interstate or foreign commerce had the act been consummated;
            ``(4) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that violates the 
        criminal laws of the United States;
            ``(5) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that is designed to 
        influence the policy or affect the conduct of the United States 
        Government;
            ``(6) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that occurs in part 
        within the United States and is designed to influence the 
        policy or affect the conduct of a foreign government;
            ``(7) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that causes or is 
        designed to cause death or serious bodily injury to a national 
        of the United States while that national is outside the United 
        States, or substantial damage to the property of a legal entity 
        organized under the laws of the United States (including any 
        State, district, commonwealth, territory, or possession of the 
        United States) while that property is outside of the United 
        States;
            ``(8) the offense occurs in whole or in part within the 
        United States, and an offender intends to facilitate, reward, 
        or encourage an act of international terrorism that is designed 
        to influence the policy or affect the conduct of a foreign 
        government; or
            ``(9) the offense occurs in whole or in part outside of the 
        United States, and an offender is a national of the United 
        States, a stateless person whose habitual residence is in the 
        United States, or a legal entity organized under the laws of 
        the United States (including any State, district, commonwealth, 
        territory, or possession of the United States).''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--The table of sections for chapter 
        113B of title 18, United States Code, is amended by adding at 
        the end the following:

``2339D. Receiving military-type training from a foreign terrorist 
                            organization.
``2339E. Providing material support to international terrorism.''.
            (2) Other amendment.--Section 2332b(g)(5)(B)(i) of title 
        18, United States Code, is amended by inserting ``2339E 
        (relating to providing material support to international 
        terrorism),'' before ``or 2340A (relating to torture)''.

SEC. 303. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE 
              TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.

    Section 2339D(a) of title 18, United States Code, is amended by 
inserting ``, or attempts or conspires to do so,'' after ``foreign 
terrorist organization''.

SEC. 304. PROHIBITING USE OF FALSE TRAVEL DOCUMENTS.

    (a) In General.--Section 1028 of title 18, United States Code, is 
amended--
            (1) in the section heading, by inserting ``false travel 
        documents,'' after ``identification documents,'';
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``or a false 
                identification document'' and inserting ``false 
                identification document, or false travel document'';
                    (B) in paragraph (2), by striking ``or a false 
                identification document'' and inserting ``false 
                identification document, or false travel document'';
                    (C) in paragraph (3), by striking ``or false 
                identification documents'' and inserting ``false 
                identification documents, or false travel documents'';
                    (D) in paragraph (5), by inserting ``, false travel 
                document,'' after ``false identification document''; 
                and
                    (E) in paragraph (8), by inserting ``false travel 
                documents,'' after ``false identification documents,'';
            (3) in subsection (b)--
                    (A) in paragraph (1)(B), by striking ``or false 
                identification documents'' and inserting ``false 
                identification documents, or false travel documents''; 
                and
                    (B) in paragraph (2)(A)--
                            (i) by striking ``document,,'' and 
                        inserting ``document,''; and
                            (ii) by striking ``or a false 
                        identification document'' and inserting ``a 
                        false identification document, or a false 
                        travel document'';
            (4) in subsection (c)(3)(B), by inserting ``false travel 
        document,'' after ``false identification document,'';
            (5) in subsection (d)--
                    (A) in paragraph (11), by striking ``and'' at the 
                end;
                    (B) in paragraph (12), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) the term `false travel document' means a document 
        issued for the use of a particular, identified individual and 
        of a type intended or commonly accepted for the purposes of 
        passage on a commercial aircraft or mass transportation 
        vehicle, including a ticket or boarding pass, that--
                    ``(A) was not issued by or under the authority of a 
                commercial airline or mass transportation provider, but 
                appears to be issued by or under the authority of a 
                commercial airline or mass transportation provider; or
                    ``(B) was issued by or under the authority of a 
                commercial airline or mass transportation provider, and 
                was subsequently altered for purposes of deceit.''; and
            (6) in subsection (h), by inserting ``false travel 
        documents,'' after ``identification documents,''.
    (b) Technical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by striking the item related 
to section 1028 and inserting the following:

``1028. Fraud and related activity in connection with identification 
                            documents, false travel documents, 
                            authentication features, and 
                            information.''.

SEC. 305. PREVENTING UNWARRANTED RELEASE OF CONVICTED TERRORISTS AND 
              SEX OFFENDERS PENDING SENTENCING OR APPEAL.

    (a) In General.--Section 3145 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(d) Application.--No person shall be eligible for release under 
subsection (c) based on exceptional reasons if the person is being 
detained pending sentencing or appeal in a case involving--
            ``(1) an offense under section 2332b of this title;
            ``(2) an offense listed in section 2332b(g)(5)(B) of this 
        title for which a maximum term of imprisonment of 10 years or 
        more is prescribed; or
            ``(3) an offense involving a minor victim under section 
        1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 
        2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 
        2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of 
        this title.''.
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