Congressional Record: June 7, 2004 (Senate)
Page S6507-S6591
SA 3291. Protocol on Media Coverage of Return to US of Remains of
Members of the Armed Services Killed Overseas
SA 3365. Pilot Program on Cryptologic Service Training
SA 3388. Requiring Inspector General Reports on the Iraqi National Congress
SA 3391. Requiring Reports on Prisoners Detained by Department of Defense
SA 3411. Requiring Reports on Data Mining
TEXT OF AMENDMENTS
[...]
SA 3291. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title III, add the following:
SEC. 364. PROTOCOL ON MEDIA COVERAGE OF RETURN TO UNITED
STATES OF REMAINS OF MEMBERS OF THE ARMED
FORCES KILLED OVERSEAS.
(a) Protocol Required.--(1) Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Defense shall develop a protocol that permits media coverage
of the return to the United States of the coffins containing
the remains of members of the Armed Forces who are killed
overseas.
(2) The protocol shall ensure the preservation of the
dignity of the occasion of the return to the United States of
members of the Armed Forces who are killed overseas.
(3) The protocol shall ensure the preservation of the
confidentiality of the identity of each member of the Armed
Forces whose remains are returning to the United States.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a copy of the protocol developed under subsection (a).
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[...]
SA 3365. Mr. GRAHAM of Florida submitted an amendment intended to be
proposed by him to the bill S. 2400, to authorize appropriations for
fiscal year 2005 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Services, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1068. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.
(a) Program Required.--The Director of the National
Security Agency shall carry out a pilot program on
cryptologic service training for the intelligence community.
(b) Objective of Program.--The objective of the pilot
program is to increase the number of qualified entry-level
language analysts and intelligence analysts available to the
National Security Agency and the other elements of the
intelligence community through the directed preparation and
recruitment of qualified entry-level language analysts and
intelligence analysts who commit to a period of service or a
career in the intelligence community.
(c) Program Scope.--(1) The pilot program shall be national
in scope.
(2) The pilot program shall be carried out at not more than
four institutions of higher education selected by the
Director for purposes of the pilot program.
(d) Program Participants.--(1) Subject to the provisions of
this subsection, the Director shall select the participants
in the pilot program from among individuals qualified to
participate in the pilot program utilizing such procedures as
the Director considers appropriate for purposes of the pilot
program.
(2) Each individual selected to participate in the pilot
program shall evidence a commitment to service in the
intelligence community after such individual's completion of
post-secondary education.
(3) Each individual selected to participate in the pilot
program shall be qualified for a security clearance
appropriate for the individual under the pilot program.
(4) The total number of participants in the pilot program
at any one time may not exceed 400 individuals.
(e) Program Management.--In carrying out the pilot program,
the Director shall--
(1) identify individuals interested in working in the
intelligence community, and committed to taking college-level
courses that will better prepare them for a career in the
intelligence community as a language analysts or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program--
(A) financial assistance for the pursuit of courses at
institutions of higher education selected by the Director
under subsection (c)(2) in fields of study that will qualify
such individual for employment by an element of the
intelligence community as a language analyst or intelligence
analyst; and
(B) educational counseling on the selection of courses to
be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) Duration of Program.--(1) The pilot program shall
terminate six years after the date of the enactment of this
Act.
(2) The termination of the pilot program under paragraph
(1) shall not prevent the Director from continuing to provide
assistance, counseling, and information under subsection (e)
to individuals who are participating in the pilot program on
the date of termination of the pilot program throughout the
academic year in progress as of that date.
(g) Funding.--(1) Of the amount authorized to be
appropriated by section __, $20,000,000 shall be available
for activities under the pilot program.
(2) The amount available under paragraph (1) shall remain
available until expended.
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[...]
SA 3388. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
(a) Inspector General Reports.--The Inspector General of
the Department of Defense, in consultation with the Inspector
General of the Department of State and the Inspector General
of the Central Intelligence Agency, shall conduct an inquiry
into the programs and activities of the Iraqi National
Congress (INC) and submit a report, which may include a
classified annex, to the appropriate Congressional Committees
no later than 60 days after enactment of this Act and every
180 days thereafter until September 30, 2005.
(b) Contents of Reports.-- The reports shall include the
following information:
(1) The total amount of funding the INC received from the
Department of State and the Department of Defense;
(2) A description of the uses of these funds, including an
assessment of whether they were used for purposes
inconsistent with Section 540 of Division D of Public Law
108-199 and similar provisions of law;
(3) The total amount of funds the Department of State
Inspector General or any other appropriate entity of the
United States Government has determined the INC owes the
United States and a description of the measures the United
States Government has taken to collect these funds;
(4) A description of the activities and responsibilities
pertaining to each INC office that was or currently is
supported by United States Government funds;
(5) A description of INC activities concerning broadcasting
and an assessment of the efficacy of these activities in
building support for the efforts of the United States inside
Iraq;
(6) A description of the INC's Information Collection
Program (ICP) and an assessment of the value of the
information collected by the ICP prior to May 1, 2003,
including any efforts to pass along intelligence to the
United States Government that has subsequently been
determined to be inaccurate or deceptive;
(7) A comprehensive list of senior United States Government
officials in the Department of State, Department of Defense,
National Security Council, Office of the Vice President, and
White House who met with representatives of the INC or were
recipients of information derived from the ICP;
(8) A comprehensive list of senior United States Government
officials in the Department of State Department of Defense,
National Security Council, Office of the Vice President, and
White House who were involved with policy decisions
concerning the INC;
(9) A description of efforts the United States Government
is taking to bring to justice any individuals associated with
the INC who violated United States laws concerning the use of
intelligence information or the use of United States
Government funds;
(10) An assessment concerning whether the efforts mentioned
in subsection (b)(9) are adequate; and
(11) Any other issues the Inspector General of the
Department of Defense, the Inspector General of the
Department of State, or the Inspector General of the Central
Intelligence Agency believes are relevant to a comprehensive
inquiry of the activities of the INC.
(c) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Armed Services of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Armed Services of
the House of Representatives, and the Committee on
International Relations of the House of Representatives.
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[...]
SA 3391. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1022. REPORTS ON MATTERS RELATING TO DETAINMENT OF
PRISONERS BY THE DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than 90 days after the
date of the enactment of this Act, and every six months
thereafter, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the population
of detainees held by the Department of Defense and on the
facilities in which such detainees are held.
(b) Report Elements.--Each report under subsection (a)
shall include the following:
(1) General information on the foreign national detainees
in the custody of the Department during the six-month period
ending on the date of such report, including the following:
(A) The total number of detainees in the custody of the
Department at any time during such period.
(B) The countries in which such detainees were detained,
and the number of detainees detained in each such country.
(C) The total number of detainees in the custody of the
Department as of the date of such report.
(D) The total number of detainees released from the custody
of the Department during such period.
(E) The nationalities of the detainees covered by
subparagraph (A), including the number of detainees of each
such nationality.
(F) The number of detainees covered by subparagraph (A)
that were transferred to the jurisdiction of another country
during such period.
(G) For each country to which detainees were transferred as
described in subparagraph (F)--
(i) the policies and practices of such country on the
torture and treatment of prisoners; and
(ii) the status of such transferred detainees.
(2) For each foreign national detained by the Department of
Defense during the six-month period ending on the date of
such report the following:
(A) The name.
(B) The nationality.
(C) The place at which taken into custody.
(D) The circumstances of being taken into custody.
(E) The place of detention.
(F) The current length of detention or, if released, the
duration of detention at the time of release.
(G) A categorization as a military detainee or civilian
detainee.
(H) The intentions of the United States Government on such
detainee, including whether or not the United States will--
(i) continue to hold such detainee with justification;
(ii) repatriate such detainee; or
(iii) charge such detainee with a crime.
(I) The history, if any, of transfers of such detainee
among detention facilities, including whether or not such
detainee been detained at other facilities and, if so, at
which facilities and in what locations.
(3) Information on the detention facilities and practices
of the Department for the six-month period ending on the date
of such report, including for each facility of the Department
at which detainees were detained by the Department during
such period the following:
(A) The name of such facility.
(B) The location of such facility.
(C) The number of detainees detained at such facility over
the course of such period and as of the end of such period.
(D) The capacity of such facility.
(E) The number of military personnel assigned to such
facility over the course of such period and as of the end of
such period.
(F) The number of other employees of the United States
Government assigned to such facility over the course of such
period and as of the end of such period.
(G) The number of contractor personnel assigned to such
facility over the course of such period and as of the end of
such period.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
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[...]
SA 3411. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. __. DATA-MINING REPORTING ACT OF 2003.
(a) Short Title.--This section may be cited as the ``Data-
Mining Reporting Act of 2003''.
(b) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
where--
(A) at least 1 of the databases was obtained from or
remains under the control of a non-Federal entity, or the
information was acquired initially by another department or
agency of the Federal Government for purposes other than
intelligence or law enforcement;
(B) the search does not use a specific individual's
personal identifies to acquire information concerning that
individual; and
(C) a department or agency of the Federal Government is
conducting the query or search or other analysis to find a
pattern indicating terrorist or other criminal activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public without payment of a fee, or databases of judicial and
administrative opinions.
(c) Reports on Data-Mining Activities.--
(1) Requirement for report.--The head of each department or
agency of the Federal Government that is engaged in any
activity to use or develop data-mining technology shall each
submit a public report to Congress on all such activities of
the department or agency under the jurisdiction of that
official.
(2) Content of report.--A report submitted under paragraph
(1) shall include, for each activity to use or develop data-
mining technology that is required to be covered by the
report, the following information:
(A) A thorough description of the data-mining technology
and the data that will be used.
(B) A thorough discussion of the plans for the use of such
technology and the target dates for the deployment of the
data-mining technology.
(C) An assessment of the likely efficacy of the data-mining
technology in providing accurate and valuable information
consistent with the stated plans for the use of the
technology.
(D) An assessment of the likely impact of the
implementation of the data-mining technology on privacy and
civil liberties.
(E) A list and analysis of the laws and regulations that
govern the information to be collected, reviewed, gathered,
and analyzed with the data-mining technology and a
description of any modifications of such laws that will be
required to use the information in the manner proposed under
such program.
(F) A thorough discussion of the policies, procedures, and
guidelines that are to be developed and applied in the use of
such technology for data-mining in order to--
(i) protect the privacy and due process rights of
individuals; and
(ii) ensure that only accurate information is collected and
used.
(G) A thorough discussion of the procedures allowing
individuals whose personal information will be used in the
data-mining technology to be informed of the use of their
personal information and what procedures are in place to
allow for individuals to opt out of the technology. If no
such procedures are in place, a thorough explanation as to
why not.
(H) Any necessary classified information in an annex that
shall be available to the Committee on Governmental Affairs,
the Committee on the Judiciary, and the Committee on
Appropriations of the Senate and the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee
on Appropriations of the House of Representatives.
(3) Time for report.--Each report required under paragraph
(1) shall be--
(A) submitted not later than 90 days after the date of the
enactment of this Act; and
(B) updated once a year and include any new data-mining
technologies.
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[...]
