[Congressional Record Volume 155, Number 138 (Tuesday, September 29, 2009)]
[Senate]
[Pages S9932-S9936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORKER (for himself, Mr. Warner, Mr. Bennet, and Ms. 
        Klobuchar):
  S. 1723. A bill to authorize the Secretary of the Treasury to 
delegate management authority over troubled assets purchased under the 
Troubled Asset Relief Program, to require the establishment of a trust 
to manage assets of certain designated TARP recipients, and for other 
purposes; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. CORKER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1723

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``TARP Recipient Ownership 
     Trust Act of 2009''.

     SEC. 2. AUTHORITY OF THE SECRETARY OF THE TREASURY TO 
                   DELEGATE TARP ASSET MANAGEMENT.

       Section 106(b) of the Emergency Economic Stabilization Act 
     of 2008 (12 U.S.C. 5216(b)) is amended by inserting before 
     the period at the end the following: ``, and the Secretary 
     may delegate such management authority to a private entity, 
     as the Secretary determines appropriate, with respect to any 
     entity assisted under this Act''.

     SEC. 3. CREATION OF MANAGEMENT AUTHORITY FOR DESIGNATED TARP 
                   RECIPIENTS.

       (a) Federal Assistance Limited.--Notwithstanding any 
     provision of the Emergency Economic Stabilization Act of 
     2008, or any other provision of law, no funds may be expended 
     under the Troubled Asset Relief Program, or any other 
     provision of that Act, on or after the date of enactment of 
     this Act, until the Secretary transfers all voting, 
     nonvoting, and common equity in any designated TARP recipient 
     to a limited liability company established by the Secretary 
     for such purpose, to be held and managed in trust on behalf 
     of the United States taxpayers.
       (b) Appointment of Trustees.--
       (1) In general.--The President shall appoint 3 independent 
     trustees to manage the equity held in the trust, separate and 
     apart from the United States Government.
       (2) Criteria.--Trustees appointed under this subsection--
       (A) may not be elected or appointed Government officials;
       (B) shall serve at the pleasure of the President, and may 
     be removed for just cause in violation of their fiduciary 
     responsibilities only; and
       (C) shall each be paid at a rate equal to the rate payable 
     for positions at level III of the Executive Schedule under 
     section 5311 of title 5, United States Code.
       (c) Duties of Trust.--Pursuant to protecting the interests 
     and investment of the United States taxpayer, the trust 
     established under this section shall, with the purpose of 
     maximizing the profitability of the designated TARP 
     recipient--
       (1) exercise the voting rights of the shares of the 
     taxpayer on all core governance issues;
       (2) select the representation on the boards of directors of 
     any designated TARP recipient; and
       (3) have a fiduciary duty to the American taxpayer for the 
     maximization of the return on the investment of the taxpayer 
     made under the Emergency Economic Stabilization Act of 2008, 
     in the same manner and to the same extent that any director 
     of an issuer of securities has with respect to its 
     shareholders under the securities laws and all applications 
     of State law.
       (d) Liquidation.--
       (1) In general.--The trustees shall liquidate the trust 
     established under this section, including the assets held by 
     such trust, not later than December 24, 2011, unless--
       (A) the trustees submit a report to the Congress that 
     liquidation would not maximize the profitability of the 
     company and the return on investment to the taxpayer; and
       (B) within 15 calendar days after the date on which the 
     Congress receives such report, there is enacted into law a 
     joint resolution disapproving the liquidation plan of the 
     Secretary, as described in paragraph (2).
       (2) Contents of joint resolution.--For purposes of this 
     subsection, the term ``joint resolution'' means only a joint 
     resolution--
       (A) that is introduced not later than 3 calendar days after 
     the date on which the report referred to in paragraph (1)(A) 
     is received by the Congress;
       (B) which does not have a preamble;
       (C) the title of which is as follows: ``Joint resolution 
     relating to the disapproval of the liquidation of the TARP 
     management trust''; and
       (D) the matter after the resolving clause of which is as 
     follows: ``That Congress disapproves the liquidation of the 
     TARP management trust established under the TARP Recipient 
     Ownership Trust Act of 2009.''.
       (3) Fast track consideration in house of representatives.--
       (A) Reconvening.--Upon receipt of a report under paragraph 
     (1)(A), the Speaker, if the House would otherwise be 
     adjourned, shall

[[Page S9933]]

     notify the Members of the House that, pursuant to this 
     subsection, the House shall convene not later than the second 
     calendar day after receipt of such report.
       (B) Reporting and discharge.--Any committee of the House of 
     Representatives to which a joint resolution is referred shall 
     report it to the House not later than 5 calendar days after 
     the date of receipt of the report described in paragraph 
     (1)(A). If a committee fails to report the joint resolution 
     within that period, the committee shall be discharged from 
     further consideration of the joint resolution and the joint 
     resolution shall be referred to the appropriate calendar.
       (C) Proceeding to consideration.--After each committee 
     authorized to consider a joint resolution reports it to the 
     House or has been discharged from its consideration, it shall 
     be in order, not later than the sixth day after Congress 
     receives the report described in paragraph (1)(A), to move to 
     proceed to consider the joint resolution in the House. All 
     points of order against the motion are waived. Such a motion 
     shall not be in order after the House has disposed of a 
     motion to proceed on the joint resolution. The previous 
     question shall be considered as ordered on the motion to its 
     adoption without intervening motion. The motion shall not be 
     debatable. A motion to reconsider the vote by which the 
     motion is disposed of shall not be in order.
       (D) Consideration.--The joint resolution shall be 
     considered as read. All points of order against the joint 
     resolution and against its consideration are waived. The 
     previous question shall be considered as ordered on the joint 
     resolution to its passage without intervening motion except 
     two hours of debate equally divided and controlled by the 
     proponent and an opponent. A motion to reconsider the vote on 
     passage of the joint resolution shall not be in order.
       (4) Fast track consideration in senate.--
       (A) Reconvening.--Upon receipt of a report under paragraph 
     (1)(A), if the Senate has adjourned or recessed for more than 
     2 days, the majority leader of the Senate, after consultation 
     with the minority leader of the Senate, shall notify the 
     Members of the Senate that, pursuant to this subsection, the 
     Senate shall convene not later than the second calendar day 
     after receipt of such message.
       (B) Placement on calendar.--Upon introduction in the 
     Senate, the joint resolution shall be placed immediately on 
     the calendar.
       (C) Floor consideration.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, it is in order at any time during the 
     period beginning on the 4th day after the date on which 
     Congress receives a report of the plan of the Secretary 
     described in paragraph (1)(A) and ending on the 6th day after 
     the date on which Congress receives a report of the plan of 
     the Secretary described in paragraph (1)(A) (even though a 
     previous motion to the same effect has been disagreed to) to 
     move to proceed to the consideration of the joint resolution, 
     and all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived. 
     The motion to proceed is not debatable. The motion is not 
     subject to a motion to postpone. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the resolution is agreed to, the joint resolution shall 
     remain the unfinished business until disposed of.
       (ii) Debate.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the majority and minority leaders or their 
     designees. A motion further to limit debate is in order and 
     not debatable. An amendment to, or a motion to postpone, or a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the joint resolution is not in order.
       (iii) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on a joint 
     resolution, and a single quorum call at the conclusion of the 
     debate if requested in accordance with the rules of the 
     Senate.
       (iv) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution shall be decided without 
     debate.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Coordination with action by other house.--If, before 
     the passage by one House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     then the following procedures shall apply:
       (i) The joint resolution of the other House shall not be 
     referred to a committee.
       (ii) With respect to a joint resolution of the House 
     receiving the resolution--

       (I) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (II) the vote on passage shall be on the joint resolution 
     of the other House.

       (B) Treatment of joint resolution of other house.--If one 
     House fails to introduce or consider a joint resolution under 
     this subsection, the joint resolution of the other House 
     shall be entitled to expedited floor procedures under this 
     subsection.
       (C) Treatment of companion measures.--If, following passage 
     of the joint resolution in the Senate, the Senate then 
     receives the companion measure from the House of 
     Representatives, the companion measure shall not be 
     debatable.
       (D) Consideration after passage.--
       (i) In general.--If Congress passes a joint resolution, the 
     period beginning on the date the President is presented with 
     the joint resolution and ending on the date the President 
     takes action with respect to the joint resolution shall be 
     disregarded in computing the 15-calendar day period described 
     in paragraph (1)(A).
       (ii) Vetoes.--If the President vetoes the joint 
     resolution--

       (I) the period beginning on the date the President vetoes 
     the joint resolution and ending on the date the Congress 
     receives the veto message with respect to the joint 
     resolution shall be disregarded in computing the 15-calendar 
     day period described in paragraph (1)(A); and
       (II) debate on a veto message in the Senate under this 
     subsection shall be 1 hour equally divided between the 
     majority and minority leaders or their designees.

       (E) Rules of house of representatives and senate.--This 
     paragraph, and paragraphs (2), (3), and (4) are enacted by 
     Congress--
       (i) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution, and it 
     supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (ii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (1) the term ``designated TARP recipient'' means any entity 
     that has received, or will receive, financial assistance 
     under the Troubled Asset Relief Program or any other 
     provision of the Emergency Economic Stabilization Act of 2008 
     (Public Law 110-343), such that the Federal Government holds 
     or controls, or will hold or control at a future date, not 
     less than a 10 percent ownership stake in the company as a 
     result of such assistance;
       (2) the term ``Secretary'' means the Secretary of the 
     Treasury or the designee of the Secretary; and
       (3) the terms ``director'', ``issuer'', ``securities'', and 
     ``securities laws'' have the same meanings as in section 3 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c).
                                 ______
                                 
      By Mr. KYL. (for himself and Mr. Cornyn):
  S. 1726. 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; to the Committee on the Judiciary.
  Mr. KYL. Mr. President, earlier this month, we paid homage to those 
who lost their lives in the terrorist attacks on September 11, 2001. 
Those attacks changed our nation forever, including how we combat the 
very real and continuing threat of terrorism. One of the most important 
changes that we made in the wake of September 11 was the enactment of 
the PATRIOT Act. That legislation, which had strong bipartisan support 
in the Congress, provided for a number of common sense changes designed 
to give our national security intelligence community the same tools our 
police and FBI agents can use against drug dealers and organized crime. 
Although many of the PATRIOT Act's provisions are now permanent, three 
critical national security tools--the ``wiretap'' authority contained 
in Section 206 of the PATRIOT Act; the ``business records'' authority 
contained in Section 215 of the PATRIOT Act; and the ``lone wolf'' 
authority contained in Section 6001 of the Intelligence Reform and 
Terrorism Prevention Act of 2004--will expire on December 31 of this 
year.
  The tools in the PATRIOT Act are as necessary today as they were when 
first enacted. Just this month, the government confirmed that the 
Foreign Intelligence Surveillance Act of 1978, FISA, which includes 
PATRIOT Act provisions, was used to build a case against Najibullah 
Zazi. Although many details remain classified, it appears as if 
Najibullah Zazi was an al Qaeda associate who was planning to detonate 
bombs within the U.S.
  Similarly, it has been reported that the FBI likely used its roving 
wiretap and business records authorities--two of the PATRIOT Act's 
expiring provisions--to thwart a terrorist plot uncovered earlier this 
year in New York, in which four former convicts who converted to 
radical Islam plotted to use

[[Page S9934]]

explosives to blow up synagogues and shoot down airplanes with surface-
to-air missiles.
  Those are two high-profile examples from just this year. There are no 
doubt countless of other instances, not known to the public, where 
PATRIOT Act authorities have been used by our national security 
professionals to keep Americans safe. Recognizing the importance of 
these tools, the Department of Justice has written the Chairman of the 
Judiciary Committee to urge renewal of the expiring provisions of the 
PATRIOT Act. In addition, FBI Director Mueller and David Kris, the 
Assistant Attorney General for the National Security Division, both 
expressed their strong support for these authorities in testimony 
before the Judiciary Committee this month.
  The reality is that the war on terrorism is not going to sunset. 
Neither should the tools that our investigators and analysts rely upon 
to prevent attack. That is why Mr. Cornyn and I are introducing today 
the USA PATRIOT Reauthorization and Additional Weapons Against 
Terrorism Act of 2009. This legislation permanently renews the three 
expiring PATRIOT Act provisions and addresses other critical national 
security needs.


                I. Renewing the Roving Wiretap Authority

  The roving wiretap authority allows the Government, in certain 
circumstances, to focus surveillance efforts on monitoring a particular 
target rather than a particular telephone number. Gone are the days 
when you used only one phone at home or in the office. Cell phones are 
ubiquitous. The point is to intercept the calls of a particular person, 
not a particular phone. Even so, the Government may have such authority 
only in limited circumstances. It must provide the FISA Court with 
``specific facts'' indicating that the ``actions of the target of the 
application may have the effect of thwarting the identification'' of 
third parties necessary to accomplish the ordered surveillance. This 
tool helps ensure that investigators and analysts may overcome a 
target's efforts to avoid surveillance, for example, rapidly switching 
cell phone numbers.
  As the Department of Justice noted in its September 14, 2009, letter 
to Chairman Leahy, the roving wiretap authority has ``proven an 
important intelligence-gathering tool in a small but significant subset 
of FISA electronic surveillance orders.'' The Department's letter 
explains that the authority has been used judiciously--on average, only 
22 applications for roving wiretaps have been made per year--and that 
``the basic justification offered to Congress in 2001 for the roving 
authority remains valid today. . . . Any effective surveillance 
mechanism must incorporate the ability to rapidly address an 
unanticipated change in the target's communications behavior.''


              II. Renewing the Business Records Authority

  The business records authority allows the FISA Court, under 
appropriate circumstances, to compel the production of needed business 
records. In its September 14 letter, the Department of Justice 
expressed its strong support for the business records provision, 
stating that it ``addresses a gap in intelligence collection 
authorities and has proven valuable in a number of contexts.'' The 
Department stated that some of the acquired ``orders were used to 
support important and highly sensitive intelligence collection 
operations, of which both Members of the Intelligence Committee and 
their staffs are aware.'' Although some have questioned the scope and 
use of this authority, it is important to acknowledge that no one has 
challenged a business records order in court, even though an explicit 
right to file such a challenge took effect in 2006. Such authority also 
exists in at least 300 federal government investigative contexts.


                 III. Renewing the Lone Wolf Authority

  The ``lone wolf'' provision fills a critical intelligence gap in 
situations where the government can establish that a non-United States 
person is engaged in international terrorism but cannot yet identify 
the foreign power or terrorist group to which he belongs. Although this 
authority has not yet been used, the Department of Justice made clear 
in its September 14 letter that there are foreseeable situations in 
which such an authority ``would be the only avenue to effective 
surveillance.'' The Department stated that ``it is essential to have 
the tool available for the rare situation in which it is necessary 
rather than to delay surveillance of a terrorist in the hopes that the 
necessary links are established.'' Had we had this authority at the 
time, we could have examined the computer of Zacarias Moussaoui, 
perhaps gaining enough information to provide some warning of 9/11. 
Terrorists do not carry membership cards in organizations, but it does 
not make them any less dangerous.


              IV. Addressing Other National Security Needs

  In addition to reauthorizing these important national security tools, 
this legislation responds to several other national security needs. For 
example, it clarifies what kind of information and disclosures trigger 
the procedures of the Classified Information Procedures Act, CIPA. This 
clarification is designed to resolve the difficulties created by the 
Fourth Circuit's approach in United States v. Moussaoui. The 
legislation also prohibits individuals from providing material 
support--for example, providing money to support a suicide bomber's 
family--to international terrorism efforts. It makes it illegal to 
conspire to violate the current prohibition on receiving military-type 
training from a foreign terrorist organization. It prohibits the use, 
transfer, mass transfer, production, and trafficking of false travel 
documents. Finally, it ensures that convicted terrorists and sex 
offenders will not be released pending sentencing or appeal.
  These are good, common sense provisions that all members should be 
able to support. I look forward to working with my colleagues on both 
sides to ensure that our national security professionals have the tools 
they need to continue finding and apprehending terrorists before they 
attack.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1726

       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.

[[Page S9935]]

         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, 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)''.

[[Page S9936]]

     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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