II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘USA PATRIOT Reauthorization and Additional Weap6 ons Against Terrorism Act of 2009’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 TITLE I—USA PATRIOT 

4 REAUTHORIZATION ACT OF 2009 

5 SEC. 101. SHORT TITLE. 

6 This title may be cited as the ‘‘USA PATRIOT Reau7 thorization Act of 2009’’. 

8 SEC. 102. USA PATRIOT IMPROVEMENT AND REAUTHORIZA9 TION ACT REPEAL OF SUNSET PROVISIONS. 

10 Section 102(b) of the USA PATRIOT Improvement 

11 and Reauthorization Act of 2005 (Public Law 109–177; 


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1 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 

2 1862 note) is repealed. 

3 SEC. 103. REPEAL OF SUNSET RELATING TO INDIVIDUAL 

4 TERRORISTS AS AGENTS OF FOREIGN POW5 ERS. 

6 Section 6001(b) of the Intelligence Reform and Ter7 rorism Prevention Act of 2004 (Public Law 108–458; 50 

8 U.S.C. 1801 note) is repealed. 

9 TITLE II—CLASSIFIED INFORMA10 TION PROCEDURES REFORM 

11 ACT 

12 SEC. 201. SHORT TITLE. 

13 This title may be cited as the ‘‘Classified Information 

14 Procedures Reform Act of 2009’’. 

15 SEC. 202. DEFINITIONS. 

16 (a) IN GENERAL.—Section 1 of the Classified Infor17 mation Procedures Act (18 U.S.C. App.) is amended— 

18 (1) by redesignating subsection (b) as sub19 section (c); and 

20 (2) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) ‘Disclosure’, as used in this Act— 

23 ‘‘(1) means the release, transmittal, or making 

24 available of, or providing access to, classified infor25 mation to any person (including a defendant or 


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1 counsel for a defendant) during discovery, or to a 

2 participant or member of the public at any pro3 ceeding; and 

4 ‘‘(2) does not include the release, transmittal, 

5 or making available of, or providing access to, classi6 fied information by the defendant to an attorney 

7 representing the defendant in a matter who has re8 ceived— 

9 ‘‘(A) the necessary security clearance to re10 ceive the classified information; and 

11 ‘‘(B) if the classified information has been 

12 designated as sensitive compartmented informa13 tion or special access program information, any 

14 additional required authorization to receive the 

15 classified information.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 Section 501(3) of the Immigration and Nationality Act (8 

18 U.S.C. 1531(3)) is amended by striking ‘‘section 1(b)’’ 

19 and inserting ‘‘section 1’’. 

20 SEC. 203. EX PARTE AUTHORIZATIONS UNDER THE CLASSI21 FIED INFORMATION PROCEDURES ACT. 

22 Section 4 of the Classified Information Procedures 

23 Act (18 U.S.C. App.) is amended— 

24 (1) in the second sentence— 


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1 (A) by striking ‘‘may’’ and inserting 

2 ‘‘shall’’; and 

3 (B) by striking ‘‘authorization in the form 

4 of a written statement to be inspected’’ and in5 serting ‘‘authorization, together with any argu6 ment in support of that request, in the form of 

7 a statement made ex parte and to be consid8 ered’’; and 

9 (2) in the third sentence— 

10 (A) by striking ‘‘If the court enters an 

11 order granting relief following such an ex parte 

12 showing, the’’ and inserting ‘‘The’’; and 

13 (B) inserting ‘‘, and the transcript of any 

14 argument and any summary of the classified in15 formation the defendant seeks to obtain,’’ after 

16 ‘‘text of the statement of the United States’’. 

17 SEC. 204. APPLICATION OF CLASSIFIED INFORMATION PRO18 CEDURES ACT TO NONDOCUMENTARY INFOR19 MATION. 

20 Section 4 of the Classified Information Procedures 

21 Act (18 U.S.C. App.), as amended by section 203 of this 

22 Act, is amended— 

23 (1) in the section heading, by inserting ‘‘AND

24 ACCESS TO’’ after ‘‘OF’’; 


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1 (2) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘The court, upon’’; and 

3 (3) by adding the following at the end the fol4 lowing: 

5 ‘‘(b) ACCESS TO OTHER CLASSIFIED INFORMA6 TION.—(1) If the defendant seeks access through deposi7 tion under the Federal Rules of Criminal Procedure or 

8 otherwise to nondocumentary information from a potential 

9 witness or other person which the defendant knows or rea10 sonably believes is classified, the defendant shall notify the 

11 attorney for the United States and the district court in 

12 writing. Such notice shall specify with particularity the 

13 classified information sought by the defendant and the 

14 legal basis for such access. At a time set by the court, 

15 the United States may oppose such access to the classified 

16 information. 

17 ‘‘(2) If, after consideration of any objection raised by 

18 the United States, including any objection asserted on the 

19 basis of privilege, the court determines that the defendant 

20 is legally entitled to have access to the information speci21 fied in a notice made under paragraph (1), the United 

22 States may request the substitution of a summary of the 

23 classified information or the substitution of a statement 

24 admitting relevant facts that the classified information 

25 would tend to prove. 


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1 ‘‘(3) The court shall permit the United States to 

2 make an objection to access to classified information 

3 under paragraph (1) or a request for a substitution under 

4 paragraph (2) in the form of a statement made ex parte 

5 and to be considered by the court alone. The entire text 

6 of the statement of the United States, and any summary 

7 of the classified information the defendant seeks to obtain, 

8 shall be sealed and preserved in the records of the court 

9 and made available to the appellate court in the event of 

10 an appeal. 

11 ‘‘(4) A court shall grant the request of the United 

12 States to substitute a summary of the classified informa13 tion or to substitute a statement admitting relevant facts 

14 that the classified information would tend to prove under 

15 paragraph (2) if the court finds that the summary or 

16 statement will provide the defendant with substantially the 

17 same ability to make a defense as would disclosure of the 

18 specific classified information. 

19 ‘‘(5) A defendant may not obtain access to classified 

20 information subject to this subsection except as provided 

21 in this subsection. Any proceeding, whether by deposition 

22 under the Federal Rules of Criminal Procedure or other23 wise, in which a defendant seeks to obtain access to classi24 fied information subject to this subsection not previously 

25 authorized by a court for disclosure under this subsection 


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1 shall be discontinued or may proceed only as to lines of 

2 inquiry not involving the classified information.’’. 

3 SEC. 205. INTERLOCUTORY APPEALS UNDER THE CLASSI4 FIED INFORMATION PROCEDURES ACT. 

5 Section 7(a) of the Classified Information Procedures 

6 Act (18 U.S.C. App.) is amended by adding the following 

7 at the end: ‘‘The right of the United States to appeal 

8 under this subsection applies without regard to whether 

9 the order appealed from was entered under this Act.’’. 

10 TITLE III—ADDITIONAL GOV11 ERNMENT WEAPONS AGAINST 

12 TERRORISM ACT 

13 SEC. 301. SHORT TITLE. 

14 This title may be cited as the ‘‘Additional Govern15 ment Weapons Against Terrorism Act of 2009’’. 

16 SEC. 302. PREVENTION AND DETERRENCE OF MATERIAL 

17 SUPPORT FOR TERRORIST SUICIDE BOMB18 INGS. 

19 (a) IN GENERAL.—Chapter 113B of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 2339E. Providing material support to international 

23 terrorism 

24 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘facility of interstate or foreign 

2 commerce’ has the meaning given that term in sec3 tion 1958; 

4 ‘‘(2) the term ‘material support or resources’ 

5 has the meaning given that term in section 2339A; 

6 ‘‘(3) the term ‘perpetrator of an act’ includes 

7 any person who— 

8 ‘‘(A) commits the act; 

9 ‘‘(B) aids, abets, counsels, commands, in10 duces, or procures the commission of the act; or 

11 ‘‘(C) attempts, plots, or conspires to com12 mit the act; and 

13 ‘‘(4) the term ‘serious bodily injury’ has the 

14 meaning given that term in section 1365. 

15 ‘‘(b) PROHIBITION.—Whoever, in a circumstance de16 scribed in subsection (c), provides, or attempts or con17 spires to provide, material support or resources to the per18 petrator of an act of international terrorism, to a family 

19 member of the perpetrator of an act of international ter20 rorism perpetrator, or to any other person, with the intent 

21 to facilitate, reward, or encourage that act or other acts 

22 of international terrorism, shall be fined under this title, 

23 imprisoned not more than 15 years, or both, and, if death 

24 results, shall be imprisoned for any term of years or for 

25 life. 


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1 ‘‘(c) JURISDICTIONAL BASES.—A circumstance re2 ferred to in this subsection is that— 

3 ‘‘(1) the offense occurs in or affects interstate 

4 or foreign commerce; 

5 ‘‘(2) the offense involves the use of the mails or 

6 a facility of interstate or foreign commerce; 

7 ‘‘(3) an offender intends to facilitate, reward, or 

8 encourage an act of international terrorism that af9 fects interstate or foreign commerce or would have 

10 affected interstate or foreign commerce had the act 

11 been consummated; 

12 ‘‘(4) an offender intends to facilitate, reward, or 

13 encourage an act of international terrorism that vio14 lates the criminal laws of the United States; 

15 ‘‘(5) an offender intends to facilitate, reward, or 

16 encourage an act of international terrorism that is 

17 designed to influence the policy or affect the conduct 

18 of the United States Government; 

19 ‘‘(6) an offender intends to facilitate, reward, or 

20 encourage an act of international terrorism that oc21 curs in part within the United States and is de22 signed to influence the policy or affect the conduct 

23 of a foreign government; 

24 ‘‘(7) an offender intends to facilitate, reward, or 

25 encourage an act of international terrorism that 


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1 causes or is designed to cause death or serious bod2 ily injury to a national of the United States while 

3 that national is outside the United States, or sub4 stantial damage to the property of a legal entity or5 ganized under the laws of the United States (includ6 ing any State, district, commonwealth, territory, or 

7 possession of the United States) while that property 

8 is outside of the United States; 

9 ‘‘(8) the offense occurs in whole or in part with10 in the United States, and an offender intends to fa11 cilitate, reward, or encourage an act of international 

12 terrorism that is designed to influence the policy or 

13 affect the conduct of a foreign government; or 

14 ‘‘(9) the offense occurs in whole or in part out15 side of the United States, and an offender is a na16 tional of the United States, a stateless person whose 

17 habitual residence is in the United States, or a legal 

18 entity organized under the laws of the United States 

19 (including any State, district, commonwealth, terri20 tory, or possession of the United States).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) TABLE OF SECTIONS.—The table of sections 

23 for chapter 113B of title 18, United States Code, is 

24 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.’’. 


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1 (2) OTHER AMENDMENT.—Section 

2 2332b(g)(5)(B)(i) of title 18, United States Code, is 

3 amended by inserting ‘‘2339E (relating to providing 

4 material support to international terrorism),’’ before 

5 ‘‘or 2340A (relating to torture)’’. 

6 SEC. 303. PROHIBITING ATTEMPTS AND CONSPIRACIES TO 

7 OBTAIN MILITARY-TYPE TRAINING FROM A 

8 FOREIGN TERRORIST ORGANIZATION. 

9 Section 2339D(a) of title 18, United States Code, is 

10 amended by inserting ‘‘, or attempts or conspires to do 

11 so,’’ after ‘‘foreign terrorist organization’’. 

12 SEC. 304. PROHIBITING USE OF FALSE TRAVEL DOCU13 MENTS. 

14 (a) IN GENERAL.—Section 1028 of title 18, United 

15 States Code, is amended— 

16 (1) in the section heading, by inserting ‘‘false 

17 travel documents,’’ after ‘‘identification 

18 documents,’’; 

19 (2) in subsection (a)— 

20 (A) in paragraph (1), by striking ‘‘or a 

21 false identification document’’ and inserting 

22 ‘‘false identification document, or false travel 

23 document’’; 

24 (B) in paragraph (2), by striking ‘‘or a 

25 false identification document’’ and inserting 


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1 ‘‘false identification document, or false travel 

2 document’’; 

3 (C) in paragraph (3), by striking ‘‘or false 

4 identification documents’’ and inserting ‘‘false 

5 identification documents, or false travel docu6 ments’’; 

7 (D) in paragraph (5), by inserting ‘‘, false 

8 travel document,’’ after ‘‘false identification 

9 document’’; and 

10 (E) in paragraph (8), by inserting ‘‘false 

11 travel documents,’’ after ‘‘false identification 

12 documents,’’; 

13 (3) in subsection (b)— 

14 (A) in paragraph (1)(B), by striking ‘‘or 

15 false identification documents’’ and inserting 

16 ‘‘false identification documents, or false travel 

17 documents’’; and 

18 (B) in paragraph (2)(A)— 

19 (i) by striking ‘‘document,,’’ and in20 serting ‘‘document,’’; and 

21 (ii) by striking ‘‘or a false identifica22 tion document’’ and inserting ‘‘a false 

23 identification document, or a false travel 

24 document’’; 


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1 (4) in subsection (c)(3)(B), by inserting ‘‘false 

2 travel document,’’ after ‘‘false identification docu3 ment,’’; 

4 (5) in subsection (d)— 

5 (A) in paragraph (11), by striking ‘‘and’’ 

6 at the end; 

7 (B) in paragraph (12), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(13) the term ‘false travel document’ means a 

11 document issued for the use of a particular, identi12 fied individual and of a type intended or commonly 

13 accepted for the purposes of passage on a commer14 cial aircraft or mass transportation vehicle, including 

15 a ticket or boarding pass, that— 

16 ‘‘(A) was not issued by or under the au17 thority of a commercial airline or mass trans18 portation provider, but appears to be issued by 

19 or under the authority of a commercial airline 

20 or mass transportation provider; or 

21 ‘‘(B) was issued by or under the authority 

22 of a commercial airline or mass transportation 

23 provider, and was subsequently altered for pur24 poses of deceit.’’; and 


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1 (6) in subsection (h), by inserting ‘‘false travel 

2 documents,’’ after ‘‘identification documents,’’. 

3 (b) TECHNICAL AMENDMENT.—The table of sections 

4 for chapter 47 of title 18, United States Code, is amended 

5 by striking the item related to section 1028 and inserting 

6 the following: 

‘‘1028. Fraud and related activity in connection with identification documents, 

false travel documents, authentication features, and information.’’. 

7 SEC. 305. PREVENTING UNWARRANTED RELEASE OF CON8 VICTED TERRORISTS AND SEX OFFENDERS 

9 PENDING SENTENCING OR APPEAL. 

10 (a) IN GENERAL.—Section 3145 of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(d) APPLICATION.—No person shall be eligible for 

14 release under subsection (c) based on exceptional reasons 

15 if the person is being detained pending sentencing or ap16 peal in a case involving— 

17 ‘‘(1) an offense under section 2332b of this 

18 title; 

19 ‘‘(2) an offense listed in section 2332b(g)(5)(B) 

20 of this title for which a maximum term of imprison21 ment of 10 years or more is prescribed; or 

22 ‘‘(3) an offense involving a minor victim under 

23 section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 

24 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 


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1 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 

2 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of 

3 this title.’’. 

Æ 


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