[Congressional Record Volume 150, Number 79 (Tuesday, June 8, 2004)]
[Senate]
[Pages S6632-S6633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS


                          previously submitted

  SA 3375. Mr. VOINOVICH (for himself, Mr. Akaka, Ms. Collins, and Mr. 
Lieberman) 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:
                                  ____

  SA 3375. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill S. 3400, 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:

     SECTION 1. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT 
                   PREMIUMS.

       (a) Authority To Continue Benefit Coverage.--Section 8905a 
     of title 5, United States Code is amended--
       (1) in subsection (a), by striking ``paragraph (1) or (2) 
     of'';
       (2) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``and'' at the end;
       (B) in paragraph (2)(C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) any employee who--
       ``(A) is enrolled in a health benefits plan under this 
     chapter;
       ``(B) is a member of a Reserve component of the armed 
     forces;
       ``(C) is called or ordered to active duty in support of a 
     contingency operation (as defined in section 101(a)(13) of 
     title 10);
       ``(D) is placed on leave without pay or separated from 
     service to perform active duty; and
       ``(E) serves on active duty for a period of more than 30 
     consecutive days.''; and
       (3) in subsection (e)(1)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) in the case of an employee described in subsection 
     (b)(3), the date which is 24 months after the employee is 
     placed on leave without pay or separated from service to 
     perform active duty.''.
       (b)  Authority for Agencies To Pay Premiums.--Subparagraph 
     (C) of section 8906(e)(3) of such title is amended by 
     striking ``18 months'' and inserting ``24 months''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on March 1, 2003.

[[Page S6633]]

     
                                  ____
  SA 3409. Mr. DASCHLE submitted and 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 on 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:

  SA 3409. Mr. DASCHLE submitted an amendment intended to be proposed 
to amendment SA 2400, submitted by Mr. Grassley (for himself and Mr. 
Baucus) and intended to be proposed to the bill S. 1072, to authorize 
funds for Federal-aid highways, highway safety programs, and transit 
programs, 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. FUNDING FOR VETERANS HEALTH CARE TO ADDRESS 
                   CHANGES IN POPULATION AND INFLATION.

       (a) In General.--Chapter 3 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 320. Funding for veterans health care to address 
       changes in population and inflation

       ``(a) For each fiscal year, the Secretary of the Treasury 
     shall make available to the Secretary of Veterans Affairs the 
     amount determined under subsection (b) with respect to that 
     fiscal year. Each such amount is available, without fiscal 
     year limitation, for the programs, functions, and activities 
     of the Veterans Health Administration, as specified in 
     subsection (c).
       ``(b)(1) The amount applicable to fiscal year 2005 under 
     this subsection is the amount equal to--
       ``(A) 130 percent of the amount obligated by the Department 
     during fiscal year 2003 for the purposes specified in 
     subsection (c), minus
       ``(B) the amount appropriated for those purposes for fiscal 
     year 2004.
       ``(2) The amount applicable to any fiscal year after fiscal 
     year 2005 under this subsection is the amount equal to the 
     product of the following, minus the amount appropriated for 
     the purposes specified for subsection (c) for fiscal year 
     2004:
       ``(A) The sum of--
       ``(i) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     July 1 preceding the beginning of such fiscal year; and
       ``(ii) the number of persons eligible for health care under 
     chapter 17 of this title who are not covered by clause (i) 
     and who were provided hospital care or medical services under 
     such chapter at any time during the fiscal year preceding 
     such fiscal year.
       ``(B) The per capita baseline amount, as increased from 
     time to time pursuant to paragraph (3)(B).
       ``(3)(A) For purposes of paragraph (12)(B), the term `per 
     capita baseline amount' means the amount equal to--
       ``(i) the amount obligated by the Department during fiscal 
     year 2004 for the purposes specified in subsection (c), 
     divided by
       ``(ii) the number of veterans enrolled in the Department 
     health care system under section 1705 of this title as of 
     September 30, 2003.
       ``(B) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the per capita baseline amount equal to the percentage by 
     which--
       ``(i) the Consumer Price Index (all Urban Consumers, United 
     States City Average, Hospital and related services, 
     Seasonally Adjusted), published by the Bureau of Labor 
     Statistics of the Department of Labor for the 12-month period 
     ending on the June 30 preceding the beginning of the fiscal 
     year for which the increase is made, exceeds
       ``(ii) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in clause (i).
       ``(c)(1) Except as provided in paragraph (2), the purposes 
     for which amounts made available pursuant to subsection (a) 
     shall be all programs, functions, and activities of the 
     Veterans Health Administration.
       ``(2) Amounts made available pursuant to subsection (a) are 
     not available for--
       ``(A) construction, acquisition, or alteration of medical 
     facilities as provided in subchapter I of chapter 81 of this 
     title (other than for such repairs as were provided for 
     before the date of the enactment of this section through the 
     Medical Care appropriation for the Department); or
       ``(B) grants under subchapter III of chapter 81 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:
``320. Funding for veterans health care to address changes in 
              population and inflation.''.
                                 ______
                                 
  SA 3411. 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:
                                  ____

  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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