S.Amdt. 345
What it does: Replaces the bill's text with a full substitute
Sen. Tom Udall (D-NM)What it changes
1 change to S. 1038 · shown in the bill's text
Replaces the bill's text with a full substitute
Replaces the full textEverything after the enacting clauseIn S. 1038 · Introduced in Senate
SECTION 1. SHORT TITLE.
This Act may be cited as the "PATRIOT Sunsets [inserted: Temporary ]Extension Act of 2011".
SEC. 2.
[struck: SUNSET EXTENSIONS][inserted: FINDINGS].Struck: (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".
Struck: (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 "June 1, 2015".
Inserted: Congress finds the following:
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (7) Until such a debate occurs and an open amendment process is conducted, Congress should not grant a long-term extension of the expiring provisions.
Inserted: SEC. 3. SUNSET EXTENSIONS.
Inserted: (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".
Inserted: (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".
Original wording
Strike all after the enacting clause and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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 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”.
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Senate amendment submitted
May 24, 2011