Of a perfecting nature.

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.
______

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

[[Page S3282]]

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 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.--

[[Page S3283]]

(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 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.

[[Page S3284]]

``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 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:

[[Page S3285]]

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 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''.

[[Page S3286]]

(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.

____________________