[Congressional Record (Bound Edition), Volume 157 (2011), Part 6]
[Senate]
[Pages 7691-7696]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 335. Mr. KYL submitted an amendment intended to be 
     proposed by him to the bill S. 1038, to extend the expiring 
     provisions of the USA PATRIOT Improvement and Reauthorization 
     Act of 2005 and the Intelligence Reform and Terrorism 
     Prevention Act of 2004 until June 1, 2015, and for other 
     purposes; which was ordered to lie on the table.
       SA 336. Mr. KYL submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 337. Mr. KYL submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 338. Mr. DeMINT submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 339. Mr. WYDEN (for himself, Mr. Udall of Colorado, Mr. 
     Merkley, and Mr. Udall of New Mexico) submitted an amendment 
     intended to be proposed by him to the bill S. 1038, supra; 
     which was ordered to lie on the table.
       SA 340. Mr. GRASSLEY submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 341. Mr. GRASSLEY submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 342. Mr. GRASSLEY submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 343. Mr. GRASSLEY submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 344. Mr. UDALL of New Mexico submitted an amendment 
     intended to be proposed by him to the bill S. 1038, supra; 
     which was ordered to lie on the table.
       SA 345. Mr. UDALL of New Mexico (for himself and Mr. 
     Merkley) submitted an amendment intended to be proposed by 
     him to the bill S. 1038, supra; which was ordered to lie on 
     the table.
       SA 346. Mr. VITTER submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.
       SA 347. Mr. REID proposed an amendment to the bill S. 990, 
     to provide for an additional temporary extension of programs 
     under the Small Business Act and the Small Business 
     Investment Act of 1958, and for other purposes.
       SA 348. Mr. REID proposed an amendment to amendment SA 347 
     proposed by Mr. Reid to the bill S. 990, supra.
       SA 349. Mr. REID proposed an amendment to the bill S. 990, 
     supra.
       SA 350. Mr. REID proposed an amendment to the bill S. 990, 
     supra.
       SA 351. Mr. REID proposed an amendment to amendment SA 350 
     proposed by Mr. Reid to the bill S. 990, supra.
       SA 352. Mr. KYL submitted an amendment intended to be 
     proposed by him to the bill S. 1038, to extend the expiring 
     provisions of the USA PATRIOT Improvement and Reauthorization 
     Act of 2005 and the Intelligence Reform and Terrorism 
     Prevention Act of 2004 until June 1, 2015, and for other 
     purposes; which was ordered to lie on the table.
       SA 353. Mr. WICKER submitted an amendment intended to be 
     proposed by him to the bill S. 1038, supra; which was ordered 
     to lie on the table.

[[Page 7692]]


                                 ______
                                 
  SA 335. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 1038, to extend the expiring provisions of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. TERRORIST ASSAULTS, KIDNAPPINGS, AND MURDERS.

       (a) Addition of Sexual Assault to Definition of Offense of 
     Terrorist Assault.--Section 2332(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury'';
       (2) in paragraph (2), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury''; and
       (3) by striking the matter following paragraph (2) and 
     inserting the following:
     ``shall be punished as provided in section 2242, and, if the 
     conduct would violate section 2241(a) if it occurred in the 
     special territorial or maritime jurisdiction of the United 
     States, shall be punished as provided in section 2241(c).''.
       (b) Addition of Offense of Terrorist Kidnapping.--Section 
     2332 of title 18, United States Code, as amended by 
     subsection (a), is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Kidnapping.--Whoever outside the United States 
     unlawfully seizes, confines, inveigles, decoys, kidnaps, 
     abducts, or carries away, or attempts or conspires to seize, 
     confine, inveigle, decoy, kidnap, abduct or carry away, a 
     national of the United States shall be fined under this title 
     and imprisoned for any term of years not less than 15 or for 
     life.''.
       (c) Penalties for Terrorist Murder and Manslaughter.--
     Section 2332(a) of title 18, United States Code, is amended--
       (1) in paragraph (1), by striking ``fined under this 
     title'' and all that follows and inserting ``punished as 
     provided under section 1111(b);''; and
       (2) in paragraph (2), by striking ``fined under this 
     title'' and all that follows and inserting ``punished as 
     provided under section 1112(b); and''.
                                 ______
                                 
  SA 336. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 1038, to extend the expiring provisions of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.

       (a) Hoax Statute.--Section 1038 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``or any other offense 
     listed under section 2332b(g)(5)(B) of this title,'' after 
     ``title 49,''; and
       (B) in paragraph (2), by striking subparagraphs (A), (B), 
     and (C) and inserting the following:
       ``(A) shall be fined under this title and imprisoned for 
     not less than 6 months nor more than 15 years;
       ``(B) if serious bodily injury results, shall be fined 
     under this title and imprisoned for not less than 5 years nor 
     more than 30 years; and
       ``(C) if death results, shall be fined under this title and 
     imprisoned for not less than 10 years or for life.''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Civil Action.--
       ``(1) In general.--Whoever engages in any conduct with 
     intent to convey false or misleading information under 
     circumstances where such information may reasonably be 
     believed and where such information indicates that an 
     activity has taken, is taking, or will take place that would 
     constitute an offense listed under subsection (a)(1) is 
     liable in a civil action to any party incurring expenses 
     incident to any emergency or investigative response to that 
     conduct, for those expenses.
       ``(2) Effect of conduct.--
       ``(A) In general.--A person described in subparagraph (B) 
     is liable in a civil action to any party described in 
     subparagraph (B)(ii) for any expenses that are incurred by 
     that party--
       ``(i) incident to any emergency or investigative response 
     to any conduct described in subparagraph (B)(i); and
       ``(ii) after the person that engaged in that conduct should 
     have informed that party of the actual nature of the 
     activity.
       ``(B) Applicability.--A person described in this 
     subparagraph is any person that--
       ``(i) engages in any conduct that has the effect of 
     conveying false or misleading information under circumstances 
     where such information may reasonably be believed to indicate 
     that an activity has taken, is taking, or will take place 
     that would constitute an offense listed under subsection 
     (a)(1);
       ``(ii) receives actual notice that another party is taking 
     emergency or investigative action because that party believes 
     that the information indicates that an activity has taken, is 
     taking, or will take place that would constitute an offense 
     listed under subsection (a)(1); and
       ``(iii) after receiving such notice, fails to promptly and 
     reasonably inform 1 or more parties described in clause (ii) 
     of the actual nature of the activity.''.
       (b) Threatening Communications.--
       (1) Mailed within the united states.--Section 876 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(e) For purposes of this section, the term `addressed to 
     any other person' includes a communication addressed to an 
     individual (other than the sender), a corporation or other 
     legal person, and a government or agency or component 
     thereof.''.
       (2) Mailed to a foreign country.--Section 877 of title 18, 
     United States Code, is amended by adding at the end following 
     new undesignated paragraph:
       ``For purposes of this section, the term `addressed to any 
     person' includes a communication addressed to an individual, 
     a corporation or other legal person, and a government or 
     agency or component thereof.''.
                                 ______
                                 
  SA 337. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 1038, to extend the expiring provisions of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE 
                   BOMBINGS.

       (a) Offense of Rewarding or Facilitating International 
     Terrorist Acts.--
       (1) 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 same meaning as in section 1958(b)(2).
       ``(2) The term `international terrorism' has the same 
     meaning as in section 2331.
       ``(3) The term `material support or resources' has the same 
     meaning as in section 2339A(b).
       ``(4) The term `perpetrator of an act' includes any person 
     who--
       ``(A) commits the act;
       ``(B) aids, abets, counsels, commands, induces, or procures 
     its commission; or
       ``(C) attempts, plots, or conspires to commit the act.
       ``(5) The term `serious bodily injury' has the same meaning 
     as 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, or to a family member or 
     other person associated with such perpetrator, with the 
     intent to facilitate, reward, or encourage that act or other 
     acts of international terrorism, shall be fined under this 
     title and imprisoned for not less than 5 years nor more than 
     30 years, and if death results, shall be imprisoned for any 
     term of years not less than 25 or for life.
       ``(c) Jurisdictional Bases.--A circumstance referred to in 
     subsection (b) 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 it 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

[[Page 7693]]

     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 
     of its States, districts, commonwealths, territories, or 
     possessions) 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 of its States, districts, 
     commonwealths, territories, or possessions).''.
       (2) Technical and conforming amendments.--
       (A) 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.''.

       (B) 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)''.
       (b) Increased Penalties for Providing Material Support to 
     Terrorists.--
       (1) Providing material support to designated foreign 
     terrorist organizations.--Section 2339B(a)(1) of title 18, 
     United States Code, is amended by striking ``15 years'' and 
     inserting ``25 years''.
       (2) Providing material support or resources in aid of a 
     terrorist crime.--Section 2339A(a) of title 18, United States 
     Code, is amended by striking ``fined under this title'' and 
     all that follows and inserting ``fined under this title and 
     imprisoned for any term of years not less than 10 or for 
     life, and, if the death of any person results, imprisoned for 
     any term of years not less than 25 or for life. A violation 
     of this section may be prosecuted in any Federal judicial 
     district in which the underlying offense was committed, or in 
     any other Federal judicial district as provided by law.''.
       (3) Financing of terrorist crimes.--Section 2339C(d)(1) of 
     title 18, United States Code, is amended by striking ``shall 
     be fined under this title'' and all that follows and 
     inserting ``shall be fined under this title and imprisoned 
     for any term of years not less than 5 or for life.''.
       (4) Receiving military-type training from a foreign 
     terrorist organization.--Section 2339D(a) of title 18, United 
     States Code, is amended by striking ``ten years'' and 
     inserting ``15 years''.
       (5) Addition of attempts and conspiracies to an offense 
     relating to military training.--Section 2339D(a) of title 18, 
     United States Code, is amended by inserting ``, or attempts 
     or conspires to receive,'' after ``receives''.
                                 ______
                                 
  SA 338. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1038, to extend the expiring provisions of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 2, after line 10, add the following:

     SEC. 3. BORDER FENCE COMPLETION.

       (a) Minimum Requirements.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is amended--
       (1) in subparagraph (A), by adding at the end the 
     following: ``Fencing that does not effectively restrain 
     pedestrian traffic (such as vehicle barriers and virtual 
     fencing) may not be used to meet the 700-mile fence 
     requirement under this subparagraph.'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) not later than 1 year after the date of the 
     enactment of the PATRIOT Sunsets Extension Act of 2011, 
     complete the construction of all the reinforced fencing and 
     the installation of the related equipment described in 
     subparagraph (A).''; and
       (3) in subparagraph (C), by adding at the end the 
     following:
       ``(iii) Funding not contingent on consultation.--Amounts 
     appropriated to carry out this paragraph may not be impounded 
     or otherwise withheld for failure to fully comply with the 
     consultation requirement under clause (i).''.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to Congress that describes--
       (1) the progress made in completing the reinforced fencing 
     required under section 102(b)(1) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1103 note), as amended by subsection (a); and
       (2) the plans for completing such fencing not later than 1 
     year after the date of the enactment of this Act.
                                 ______
                                 
  SA 339. Mr. WYDEN (for himself, Mr. Udall of Colorado, Mr. Merkley, 
and Mr. Udall of New Mexico) submitted an amendment intended to be 
proposed by him to the bill S. 1038, to extend the expiring provisions 
of the USA PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. REPORT ON INTELLIGENCE COLLECTION ACTIVITIES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) in democratic societies, citizens rightly expect that 
     their government will not arbitrarily keep information secret 
     from the public but instead will act with secrecy only in 
     certain limited circumstances;
       (2) the United States Government has an inherent 
     responsibility to protect American citizens from foreign 
     threats and sometimes relies on clandestine methods to learn 
     information about foreign adversaries, and these intelligence 
     collection methods are often most effective when they remain 
     secret;
       (3) American citizens recognize that their government may 
     rely on secret intelligence sources and collection methods to 
     ensure national security and public safety, and American 
     citizens also expect intelligence activities to be conducted 
     within the boundaries of publicly understood law;
       (4) it is essential for the American public to have access 
     to enough information to determine how government officials 
     are interpreting the law, so that voters can ratify or reject 
     decisions that elected officials make on their behalf;
       (5) it is essential that Congress have informed and open 
     debates about the meaning of existing laws, so that members 
     of Congress are able to consider whether laws are written 
     appropriately, and so that members of Congress may be held 
     accountable by their constituents;
       (6) United States Government officials should not secretly 
     reinterpret public laws and statutes in a manner that is 
     inconsistent with the public's understanding of these laws, 
     and should not describe the execution of these laws in a way 
     that misinforms or misleads the public;
       (7) On February 2, 2011, the congressional intelligence 
     committees received a secret report from the Attorney General 
     and the Director of National Intelligence that has been 
     publicly described as pertaining to intelligence collection 
     authorities that are subject to expiration under section 224 
     of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 295); 
     and
       (8) while it is entirely appropriate for particular 
     intelligence collection techniques to be kept secret, the 
     laws that authorize such techniques, and the United States 
     Government's official interpretation of these laws, should 
     not be kept secret but should instead be transparent to the 
     public, so that these laws can be the subject of informed 
     public debate and consideration.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Attorney General shall publish in 
     the Federal Register a report--
       (1) that details the legal basis for the intelligence 
     collection activities described in the February 2, 2011, 
     report to the congressional intelligence committees; and
       (2) that does not describe specific intelligence collection 
     programs or activities, but that fully describes the legal 
     interpretations and analysis necessary to understand the 
     United States Government's official interpretation of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.).
                                 ______
                                 
  SA 340. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1038, to extend the expiring provisions of the 
USA PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

       (a) Participation in Nuclear and Weapons of Mass 
     Destruction Threats to the United States.--Section 832(c) of 
     title 18, United States Code, is amended by inserting 
     ``punished by death if death results to any person from the 
     offense, or'' after ``shall be''.
       (b) Missile Systems To Destroy Aircraft.--Section 
     2332g(c)(3) of title 18, United

[[Page 7694]]

     States Code, is amended by inserting ``punished by death or'' 
     after ``shall be''.
       (c) Atomic Weapons.--The last sentence of section 222 b. of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by 
     inserting ``death or'' before ``imprisonment for life'' the 
     last place it appears.
       (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of 
     title 18, United States Code, is amended by inserting ``death 
     or'' before ``imprisonment for life''.
       (e) Variola Virus.--Section 175c(c)(3) of title 18, United 
     States Code, is amended by inserting ``death or'' before 
     ``imprisonment for life''.
                                 ______
                                 
  SA 341. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1038, to extend the expiring provisions of the 
USA PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2339E. Denial of Federal benefits to terrorists

       ``(a) In General.--Any individual who is convicted of a 
     Federal crime of terrorism (as defined in section 2332b(g)) 
     shall, as provided by the court on motion of the Government, 
     be ineligible for any or all Federal benefits for any term of 
     years or for life.
       ``(b) Federal Benefit Defined.--In this section, the term 
     `Federal benefit' has the meaning given that term in section 
     421(d) of the Controlled Substances Act (21 U.S.C. 
     862(d)).''.
       (b) Technical and Conforming Amendment.--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. Denial of Federal benefits to terrorists.''.
                                 ______
                                 
  SA 342. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1038, to extend the expiring provisions of the 
USA PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. COUNTERINTELLIGENCE ACCESS TO ELECTRONIC 
                   COMMUNICATION TRANSACTIONAL RECORDS.

       Section 2709(b)(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``and local and long distance toll billing 
     records'' and inserting ``local and long distance toll 
     billing records information, and electronic communication 
     transactional records''; and
       (2) by striking ``and toll billing records sought'' and 
     inserting ``toll billing records information, and electronic 
     communication transactional records sought''.
                                 ______
                                 
  SA 343. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1038, to extend the expiring provisions of the 
USA PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 2, after line 10, add the following:

     SEC. 3. JUDICIAL REVIEW OF VISA REVOCATION.

       (a) In General.--Section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)) is amended by striking 
     ``There shall be no means of judicial review'' and all that 
     follows and inserting the following: ``Notwithstanding any 
     other provision of law, including section 2241 of title 28, 
     United States Code, any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a revocation under this 
     subsection may not be reviewed by any court, and no court 
     shall have jurisdiction to hear any claim arising from, or 
     any challenge to, such a revocation.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to all visas issued before, on, or after such 
     date.
                                 ______
                                 
  SA 344. Mr. UDALL of New Mexico submitted an amendment intended to be 
proposed by him to the bill S. 1038, to extend the expiring provisions 
of the USA PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. NATIONAL SECURITY LETTER SUNSETS.

       (a) Repeal.--Effective on December 31, 2013--
       (1) section 2709 of title 18, United States Code, is 
     amended to read as such provision read on October 25, 2001;
       (2) section 1114(a)(5) of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3414(a)(5)) is amended to read as such 
     provision read on October 25, 2001;
       (3) subsections (a) and (b) of section 626 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681u) are amended to read as 
     subsections (a) and (b), respectively, of the second of the 2 
     sections designated as section 624 of such Act (15 U.S.C. 
     1681u) (relating to disclosure to the Federal Bureau of 
     Investigation for counterintelligence purposes), as added by 
     section 601 of the Intelligence Authorization Act for Fiscal 
     Year 1996 (Public Law 104-93; 109 Stat. 974), read on October 
     25, 2001;
       (4) section 627 of the Fair Credit Reporting Act (15 U.S.C. 
     1681v) is repealed; and
       (5) section 802 of the National Security Act of 1947 (50 
     U.S.C. 436) is amended to read as such provision read on 
     October 25, 2001.
       (b) Transition Provision.--Notwithstanding subsection (a), 
     the provisions of law referred to in subsection (a), as in 
     effect on December 30, 2013, shall continue to apply on and 
     after December 31, 2013, with respect to any particular 
     foreign intelligence investigation or with respect to any 
     particular offense or potential offense that began or 
     occurred before December 31, 2013.
       (c) Technical and Conforming Amendments.--Effective 
     December 31, 2013--
       (1) section 3511 of title 18, United States Code, is 
     amended by striking ``or 627(a)'' each place it appears;
       (2) section 118(c) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (18 U.S.C. 3511 note) is 
     amended--
       (A) in subparagraph (C), by adding ``and'' at the end;
       (B) in subparagraph (D), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (E); and
       (3) the table of sections for the Fair Credit Reporting Act 
     (15 U.S.C. 1681 et seq.) is amended by striking the item 
     relating to section 627.
                                 ______
                                 
  SA 345. Mr. UDALL of New Mexico (for himself and Mr. Merkley) 
submitted an amendment intended to be proposed by him to the bill S. 
1038, to extend the expiring provisions of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 and the Intelligence Reform and 
Terrorism Prevention Act of 2004 until June 1, 2015, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``PATRIOT Sunsets Temporary 
     Extension Act of 2011''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) In the wake of the terrorist attacks of September 11, 
     2001, Congress hastily passed the USA PATRIOT Act (Public Law 
     107-56; 115 Stat. 272), which significantly expanded the 
     authority of the intelligence community and law enforcement 
     agencies to collect intelligence on, and conduct surveillance 
     of, citizens of the United States.
       (2) Recognizing that the USA PATRIOT Act had significantly 
     expanded Government authorities at a time of national crisis 
     and with minimal deliberation, Congress established sunset 
     dates for 16 of the most controversial provisions in the Act. 
     Congress also included a sunset date in the amendments to 
     section 101(b)(1) of the Foreign Intelligence Surveillance 
     Act of 1978 under the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638), 
     commonly known as the ``Lone Wolf'' provision.
       (3) In 2005, Congress made 14 of those provisions 
     permanent, but retained sunsets for the Lone Wolf provision, 
     as well as provisions of the USA PATRIOT Act authorizing the 
     Foreign Intelligence Surveillance Court to issue warrants for 
     roving wiretaps and broad orders compelling the production of 
     business records or any other tangible thing.
       (4) Since the enactment of the USA PATRIOT Act, the 
     Inspector General of the Department of Justice has released 
     various reports that highlight abuses of the provisions of 
     the Act and sharp increases in the use of secret court 
     orders, national security letters, and electronic and 
     physical surveillance. Since passage of the Lone Wolf 
     provision, it has not been used in a single investigation.
       (5) The sunset dates provide a means for Congress to 
     fulfill its oversight responsibilities and to hold careful 
     and deliberative debate about the controversial provisions, 
     to consider amendments to the laws, and to determine if the 
     provisions should be granted addition long-term extensions.
       (6) Congress has not devoted the time necessary to hold a 
     substantive debate and to discuss and vote on a number of 
     amendments before the provisions expire on May 27, 2011.
       (7) Until such a debate occurs and an open amendment 
     process is conducted, Congress

[[Page 7695]]

     should not grant a long-term extension of the expiring 
     provisions.

     SEC. 3. SUNSET EXTENSIONS.

       (a) USA PATRIOT Improvement and Reauthorization Act of 
     2005.--Section 102(b)(1) 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 
     amended by striking ``May 27, 2011'' and inserting 
     ``September 23, 2011''.
       (b) Intelligence Reform and Terrorism Prevention Act of 
     2004.--Section 6001(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 50 
     U.S.C. 1801 note) is amended by striking ``May 27, 2011'' and 
     inserting ``September 23, 2011''.
                                 ______
                                 
  SA 346. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1038, to extend the expiring provisions of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. PROHIBITION ON USE OF FUNDS FOR CRIMINAL 
                   INVESTIGATIONS OR PROSECUTIONS OF OFFICERS OR 
                   EMPLOYEES OF THE CENTRAL INTELLIGENCE AGENCY.

       (a) In General.--No funds made available in any provision 
     of law may be used to further the criminal investigations or 
     future prosecution of officers or employees of the Central 
     Intelligence Agency for actions related to their 
     interrogation of specific detainees at overseas locations.
       (b) Application.--The prohibition in subsection (a) applies 
     to funding--
       (1) investigations opened by the Attorney General and 
     described in his August 24, 2009 announcement; and
       (2) the appointment of Assistant United States Attorney 
     John Durham to determine whether Federal laws were violated 
     in connection with the alleged use of enhanced interrogation 
     techniques by officers or employees of the Central 
     Intelligence Agency.
                                 ______
                                 
  SA 347. Mr. REID proposed an amendment to the bill S. 990, to provide 
for an additional temporary extension of programs under the Small 
Business Act and the Small Business Investment Act of 1958, and for 
other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``PATRIOT Sunsets Extension 
     Act of 2011''.

     SEC. 2. SUNSET EXTENSIONS.

       (a) USA PATRIOT Improvement and Reauthorization Act of 
     2005.--Section 102(b)(1) 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 
     amended by striking ``May 27, 2011'' and inserting ``June 1, 
     2015''.
       (b) Intelligence Reform and Terrorism Prevention Act of 
     2004.--Section 6001(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; U.S.C. 
     1801 note) is amended by striking ``May 27, 2011'' and 
     inserting ``June 1, 2015''.
                                 ______
                                 
  SA 348. Mr. REID proposed an amendment to amendment SA 347 proposed 
by Mr. REID to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; as follows:

       At the appropriate place, insert the following:
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 349. Mr. REID proposed an amendment to the bill S. 990, to provide 
for an additional temporary extension of programs under the Small 
Business Act and the Small Business Investment Act of 1958, and for 
other purposes; as follows:

       At the appropriate place, insert the following:
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 350. Mr. REID proposed an amendment to the bill S. 990, to provide 
for an additional temporary extension of programs under the Small 
Business Act and the Small Business Investment Act of 1958, and for 
other purposes; as follows:

       In the amendment, strike ``3'' and insert ``2''.
                                 ______
                                 
  SA 351. Mr. REID proposed an amendment to amendment SA 350 proposed 
by Mr. Reid to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; as follows:

       In the amendment, strike ``2'' and insert ``1''.
                                 ______
                                 
  SA 352. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 1038, to extend the expiring provisions of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                        TITLE II--SAFE COPS ACT

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Safe Cops Act of 2011''.

     SEC. 202. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A 
                   FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL 
                   JUDGE.

       (a) Murder.--Section 1114 of title 18, United States Code, 
     is amended--
       (1) by inserting ``(a)'' before ``Whoever''; and
       (2) by adding at the end the following:
       ``(b) If the victim of an offense punishable under this 
     section or section 1117 is a Federal law enforcement officer 
     or a United States judge (as those terms are defined in 
     section 115), the offender shall be punished by a fine under 
     this title and--
       ``(1) in the case of murder in the first degree, or an 
     attempt or conspiracy to commit murder in the first degree, 
     death or imprisonment for life;
       ``(2) in the case of murder in the second degree, or an 
     attempt or conspiracy to commit murder in the second degree, 
     imprisonment for any term of years not less than 25 or for 
     life; and
       ``(3) in the case of voluntary manslaughter, imprisonment 
     for any term of years not less than 10 or for life.''.
       (b) Kidnapping.--Section 1201 of title 18, United States 
     Code, is amended--
       (1) by redesignating subsections (f), (g), and (h) as 
     subsections (g), (h), and (i), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) If the victim of an offense punishable under 
     subsection (a), (c), or (d) is a Federal law enforcement 
     officer or a United States judge (as those terms are defined 
     in section 115), the offender shall be punished by a fine 
     under this title and imprisonment for any term of years not 
     less than 20 or for life, or, if death results, may be 
     sentenced to death.''.

     SEC. 203. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW 
                   ENFORCEMENT OFFICER OR FEDERAL JUDGE.

       (a) In General.--Section 111 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 111. Assaulting or interfering with certain officers 
       or employees

       ``(a) Officers and Employees.--
       ``(1) In general.--It shall be unlawful to--
       ``(A) assault or interfere with an officer or employee 
     described in section 1114, while such officer or employee is 
     engaged in, or on account of the performance of, official 
     duties;
       ``(B) assault or interfere with an individual who formerly 
     served as an officer or employee described in section 1114 on 
     account of the performance of official duties; or
       ``(C) assault or interfere with an individual on account of 
     that individual's current or former status as an officer or 
     employee described in section 1114.
       ``(2) Penalty.--Any person who violates paragraph (1), 
     shall be--
       ``(A) fined under this title;
       ``(B)(i) in the case of an interference or a simple 
     assault, imprisoned for not more than 1 year;
       ``(ii) in the case of an assault involving actual physical 
     contact or the intent to commit any other felony, imprisoned 
     for not more than 10 years;
       ``(iii) in the case of an assault resulting in bodily 
     injury, imprisoned for not more than 20 years; or
       ``(iv) in the case of an assault resulting in substantial 
     bodily injury (as that term is defined in section 113), or if 
     a dangerous weapon was used or possessed during and in 
     relation to the offense (including a weapon intended to cause 
     death or danger but that fails to do so by reason of a 
     defective component), imprisoned for not more than 30 years; 
     or
       ``(C) fined under subparagraph (A) and imprisoned under 
     subparagraph (B).
       ``(b) Law Enforcement Officers and Judges.--
       ``(1) In general.--If the victim of an assault punishable 
     under this section is a Federal law enforcement officer or a 
     United States judge (as those terms are defined in section 
     115)--
       ``(A) if the assault resulted in substantial bodily injury 
     (as that term is defined in section 113), the offender shall 
     be punished by a fine under this title and imprisonment for 
     not less 5 years nor more than 30 years; and
       ``(B) if the assault resulted in serious bodily injury (as 
     that term is defined in section

[[Page 7696]]

     2119(2)), or a dangerous weapon was used or possessed during 
     and in relation to the offense, the offender shall be 
     punished by a fine under this title and imprisonment for any 
     term of years not less than 10 or for life.
       ``(2) Imposition of punishment.--Each punishment for 
     criminal conduct described in this subsection shall be in 
     addition to any other punishment for other criminal conduct 
     during the same criminal episode.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 7 of title 18, United States Code, is 
     amended by striking the item relating to section 111 and 
     inserting the following:

``111. Assaulting or interfering with certain officers or employees.''.

     SEC. 204. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL 
                   LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE BY 
                   MURDERING OR ASSAULTING A FAMILY MEMBER.

       (a) In General.--Section 115 of title 18, United States 
     Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) If an offense punishable under this section is 
     committed with the intent to impede, intimidate, or interfere 
     with a Federal law enforcement officer or a United States 
     judge while that officer or judge is engaged in the 
     performance of official duties, with the intent to retaliate 
     against that officer or judge or a person who formerly served 
     as such an officer or judge on account of the performance of 
     official duties, or with the intent to retaliate against an 
     individual on account of that individual's current or former 
     status as such an officer or judge, the offender shall be 
     punished--
       ``(A) in the case of murder, attempted murder, conspiracy 
     to murder, or manslaughter, as provided in section 1114(b);
       ``(B) in the case of kidnapping, attempted kidnapping, or 
     conspiracy to kidnap, as provided in section 1201(f);
       ``(C) in the case of an assault resulting in bodily injury 
     or involving the use or possession of a dangerous weapon 
     during and in relation to the offense, as provided for a 
     comparable offense against a Federal law enforcement officer 
     or United States judge under section 111; and
       ``(D) in the case of any other assault or threat, by a fine 
     under this title and imprisonment for not more than 10 years.
       ``(2) Each punishment for criminal conduct described in 
     this subsection shall be in addition to any other punishment 
     for other criminal conduct during the same criminal 
     episode.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Title 18, United States Code, is amended--
       (A) in section 119(b)(4) by striking ``in section 
     115(c)(2)'' and inserting ``in section 115(d)(2)''; and
       (B) in section 2237(e)(1) of title 18, United States Code, 
     by striking ``in section 115(c)'' and inserting ``in section 
     115''.
       (2) Other law.--Section 5(a) of the Act entitled ``An Act 
     to promote the development of Indian arts and crafts and to 
     create a board to assist there in, and for other purposes'' 
     (25 U.S.C. 305d(a)) is amended by striking ``section 115(c)'' 
     and inserting ``section 115(d)''.

     SEC. 205. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF 
                   A FELONY OR CRIME OF VIOLENCE.

       (a) In General.--Section 1979 of the Revised Statutes (42 
     U.S.C. 1983) is amended by--
       (1) striking ``except that in any action'' and all that 
     follows through ``relief was unavailable.'' and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, injunctive relief shall not be granted unless a 
     declaratory decree was violated or declaratory relief was 
     unavailable; and
       ``(2) in any action seeking redress for a deprivation that 
     was incurred in the course of, or as a result of, or is 
     related to, conduct by the injured party that, more likely 
     than not, constituted a felony or a crime of violence (as 
     that term is defined in section 16 of title 18, United States 
     Code) (including any deprivation in the course of arrest or 
     apprehension for, or the investigation, prosecution, or 
     adjudication of, such an offense), a court shall not have 
     jurisdiction to consider a claim for damages other than for 
     necessary out-of-pocket expenditures and other monetary 
     loss.''; and
       (2) indenting the last sentence as an undesignated 
     paragraph.
       (b) Attorney's Fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended by striking ``except 
     that in any action'' and all that follows and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, such officer shall not be held liable for any costs, 
     including attorneys fees, unless such action was clearly in 
     excess of the jurisdiction of that officer; and
       ``(2) in any action seeking redress for a deprivation that 
     was incurred in the course of, or as a result of, or is 
     related to, conduct by the injured party that, more likely 
     than not, constituted a felony or a crime of violence (as 
     that term is defined in section 16 of title 18, United States 
     Code) (including any deprivation in the course of arrest or 
     apprehension for, or the investigation, prosecution, or 
     adjudication of, such an offense), the court may not allow 
     such party to recover attorney's fees.''.

     SEC. 206. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A 
                   LAW ENFORCEMENT OFFICER OR JUDGE.

       (a) Short Title.--This section may be cited as the ``Daniel 
     Faulkner Law Enforcement Officers and Judges Protection Act 
     of 2011''.
       (b) Federal Review.--Section 2254 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(j)(1) For an application for a writ of habeas corpus on 
     behalf of a person in custody pursuant to the judgment of a 
     State court for a crime that involved the killing of a public 
     safety officer (as that term is defined in section 1204 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b)) or judge, while the public safety officer or 
     judge was engaged in the performance of official duties, or 
     on account of the public safety officer's or judge's 
     performance of official duties or status as a public safety 
     officer or judge--
       ``(A) the application shall be subject to the time 
     limitations and other requirements under sections 2263, 2264, 
     and 2266; and
       ``(B) the court shall not consider claims relating to 
     sentencing that were adjudicated in a State court.
       ``(2) Sections 2251, 2262, and 2101 are the exclusive 
     sources of authority for Federal courts to stay a sentence of 
     death entered by a State court in a case described in 
     paragraph (1).''.
       (c) Rules.--Rule 12 of the Rules Governing Section 2254 
     Cases in the United States District Courts is amended by 
     adding at the end the following: ``Rule 60(b)(6) of the 
     Federal Rules of Civil Procedure shall not apply to a 
     proceeding under these rules in a case that is described in 
     section 2254(j) of title 28, United States Code.''.
       (d) Finality of Determination.--Section 2244(b)(3)(E) of 
     title 28, United States Code, is amended by striking ``the 
     subject of a petition'' and all that follows and inserting: 
     ``reheard in the court of appeals or reviewed by writ of 
     certiorari.''.
       (e) Effective Date and Applicability.--
       (1) In general.--This section and the amendments made by 
     this section shall apply to any case pending on or after the 
     date of enactment of this Act.
       (2) Time limits.--In a case pending on the date of 
     enactment of this Act, if the amendments made by this section 
     impose a time limit for taking certain action, the period of 
     which began before the date of enactment of this Act, the 
     period of such time limit shall begin on the date of 
     enactment of this Act.
       (3) Exception.--The amendments made by this section shall 
     not bar consideration under section 2266(b)(3)(B) of title 
     28, United States Code, of an amendment to an application for 
     a writ of habeas corpus that is pending on the date of 
     enactment of this Act, if the amendment to the petition was 
     adjudicated by the court prior to the date of enactment of 
     this Act.
                                 ______
                                 
  SA 353. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 1038, to extend the expiring provisions of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 and the 
Intelligence Reform and Terrorism Prevention Act of 2004 until June 1, 
2015, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. TERMINATION OF INVESTIGATIONS OF EMPLOYEES OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       The Attorney General shall terminate the investigations of 
     employees of the Central Intelligence Agency regarding 
     treatment or interrogation of detainees at overseas locations 
     during the period beginning on September 18, 2001 and ending 
     on May 2, 2011.

                          ____________________