Intelligence Authorization bill: on the Senate floor today

[TayTay]

This is actually quite interesting. The US Senate is taking up a budget for the various Intelligence agencies of the US Government. These agencies have been without a budget for 2 years now. Thisis because there are provisions in the bill, inserted by Sens. Kennedy and Kerry of Massachusetts, that ask for accountability on several important issues. (Sen. Kerry had an amendment passed to the '06 budget in Nov of 2005 that asked for a report to be generated and reported back to the Senate Select Committee on Intelligence that said what was going on with the Rendition of prisoners from the US to other nations where torture was allowed.)

This is a passage for a news story in Jan of 06 that states what the problem was with the last budget:

Intelligence Authorization Held Up Over Detainees, Intelligence Reports
CQ Weekly (01-06-2006)
By By Mary Speck

For the first time since 1978, U.S. intelligence agencies are without an authorization bill from Congress, a result of wrangling between the parties over the Bush administration's handling of intelligence and foreign detainees.

The Senate was on the verge of passing a fiscal 2006 measure (S 1803) before recessing for the year in late December, when a Republican senator -- whose identity has not been made public -- used senatorial prerogative to put a "hold" on the bill, preventing it from coming to the floor for debate. Democrats maintain that the GOP senator's motive was to prevent consideration of three amendments requiring the White House to supply Congress with secret documents and briefings. Intelligence Committee Chairman Pat Roberts, R-Kan., had agreed to the amendments.

The holdup on the legislation should not affect intelligence activities, many of which are also authorized through other legislation and paid for in separate appropriations bills. The largely secret bill -- even the total level of spending is classified -- guides the budget and sets policies for covert action, spy satellites and other intelligence programs. The House passed its version of the bill (HR 2475) in June. Both the Senate and House versions would scale back some expensive spy satellite and airborne surveillance programs while authorizing the expansion and upgrading of human intelligence gathering, congressional aides said. (2005 CQ Weekly, p. 1742)

Two of the Democratic amendments that stalled the bill, by Edward M. Kennedy of Massachusetts, would require the Bush administration to provide Congress with the president's daily intelligence briefings that preceded the 2003 invasion of Iraq and would request that the administration submit periodic reports to the House and Senate intelligence committees on the health and status of suspected terrorists held by the CIA in any "clandestine prison or detention facility operated by the United States government." The third, by John Kerry of Massachusetts, would require the Defense secretary and the director of national intelligence to submit a classified report to Congress within 60 days, detailing the location and size of each facility, the number of detainees currently or formerly held there and plans for their future disposition.

The Bush administration has said that it considers the daily intelligence briefings privileged information and would probably veto any effort by Congress to secure access to them. Administration officials have issued no statements about the amendments concerning secret CIA prisons abroad, the existence of which they have never confirmed.

The Congressional Record for 4/10/07 had the Intel Authorization bill brought up for consideration by Sen. Reid. (It is his right to set the legislative agenda.) Sen. Johnny Isaakson of Georgia objected. Sen. Reid then entered a request for a cloture vote to get around the objection. The vote on cloture comes up today.

I do not know if these amendments are still in the bill. (I do not know.) But the debate might be interesting.

[TayTay]

1. I never had time this week to do the hearings schedule

There are some for today. (As ever, while Sen. Kerry has staff at every hearing in which he has a membership stake, he can't show up at all of them.)

Thursday, Apr. 12, 2007

10 a.m.
Commerce, Science, and Transportation
To hold hearings to examine Transportation
Workers Identification Credentials (TWIC)
implementations.
SR-253

10 a.m.
Finance
To hold hearings to examine filing federal income
tax returns.
SD-G50

2:15 p.m.
Finance
Energy, Natural Resources, and Infrastructure
This is the first meeting of this new subcommittee
Subcommittee
To hold hearings to examine international
perspectives on alternative energy policy,
focusing on incentives and mandates and their
impacts.
SD-215

6:40 p.m.
Finance
Business meeting to markup S.3, to amend part D
of title XVIII of the Social Security Act to
provide for fair prescription drug prices for
Medicare beneficiaries.
SD-215

You can get audio (at least) for all of these at: http://www.capitolhearings.org/

[TayTay]

2. Cloture is going to pass

And this measure DOES have the accountability Amendment from Sen. Kerry in it for the secret prisons.

Yes!!!!!!!!

BTW, I just bet you that no one on the LibWeb will note this happening today. Sigh! Or remember who authored and refused to delete that secret prisons amendment.

[TayTay]

3. This one from 2005

Thank you Senator. This was a very, very good piece of work. This is what is in the new budget.

SA 2507. Mr. KERRY (for himself, Mr. Reid, Mr. Biden, and Mr. Dayton) proposed an amendment to the bill S. 1042, to authorize appropriations for fiscal year 2006 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 Forces, and for other purposes: as follows:


At the end of subtitle D of title X, add the following:

SEC. __. REPORTS ON CLANDESTINE DETENTION FACILITIES FOR INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON TERRORISM.

(a) Secretary of Defense Report.--

(1) REPORT REQUIRED.--Not later than sixty days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a detailed report on the knowledge of the Secretary, and of the personnel of the Department of Defense, on whether or not there exists, or has existed, any clandestine facility outside of United States territory for the detention of individuals captured in the global war on terrorism, whether operated by the United States Government or at the request of the United States Government.

(2) ELEMENTS.--The report required by paragraph (1) shall include the following:

(A) Whether or not the Secretary or any personnel of the Department of Defense have affirmative knowledge that a facility described in paragraph (1) exists.

(B) If the Secretary or any such personnel have affirmative knowledge that such a facility does exist--

(i) the existence of such facility;

(ii) any support provided by the Department of Defense to any other department, agency, or element of the United States Government, or any foreign government, for the establishment, operation, or maintenance of such facility;

(iii) the amount of funds obligated or expended by the Department in furtherance of the establishment, operation, or maintenance of such facility;

(iv) whether the Department has transported individuals captured in the global war on terrorism to or from such facility, and if so--

(I) the number of such individuals;

(II) the date of transfer of each such individual to such facility;

(III) the place from which each such individual was so transferred,: and

(IV) the identity of the agency or authority in whose custody each such individual was held before such transfer;

(v) whether any detainee in such facility is expected to be prosecuted by military commission or another system for administering justice; and

(vi) the interrogation procedures used on each individual detained in such facility.

(C) Whether or not the Department has ever held any individual captured in the global war on terrorism at a facility controlled by the Department at the request of, or in cooperation with, another department, agency, or element of the United States Government, and for any such individual so held, a detailed description of the circumstances surrounding the detention of such individual and the disposition, if any of such individual.

(3) FORM OF REPORT.--The report required by paragraph (1) shall be submitted in classified form.

(b) Director of National Intelligence Reports.--

(1) REPORTS REQUIRED.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to each member of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a detailed report setting forth the nature and cost of, and otherwise providing a full accounting on, any clandestine prison or detention facility currently or formerly operated by the United States Government, regardless of location, where detainees in the global war on terrorism are or were being held.

(2) ELEMENTS.--The reports required by paragraph (1) shall set forth, for each prison or facility covered by such report, the following:

(A) The location and size of such prison or facility.

(B) If such prison or facility is no longer being operated by the United States Government, the disposition of such prison or facility.

(C) The number of detainees currently held or formerly held, as the case may be, at such prison or facility.

(D) Any plans for the ultimate disposition of any detainees currently held at such prison or facility.

(E) A description of the interrogation procedures used or formerly used on detainees at such prison or facility.

GPO's PDF (3) FORM OF REPORTS.--The reports required by paragraph (1) shall be submitted in classified form.

[TayTay]

4. And, just so you have it, what this meant.

From the Cong. Record for 11/10/2005

Mr. KERRY. Mr. President, in recent weeks the American people and Members of the Senate have heard allegations about the existence of secret prison facilities operated by the U.S. Government in various countries around the world.

Now, I know many of my colleagues take this matter very seriously. The Central Intelligence Agency has reportedly requested a Justice Department investigation of how classified intelligence information made its way into print. Clearly, the revelation of the potential of these programs is a serious national security matter. It is one we can all agree on, no matter where we sit.

No one in this Chamber underestimates the seriousness of the war on radical Islamic terrorists. It is a war we have to win, we must win. And no one underestimates the depravity and the viciousness of our enemies. We do not need to look any further than the bombings last night in Jordan to once again be reminded of the kind of enemy we face--an enemy willing to always target the innocent. We know that success in any war requires the informed consent of the American people. And in an issue as sensitive as this, that informed consent can only be derived from the Congress's full and appropriate understanding and involvement in these issues. That in and of itself requires information and cooperation from the administration so we in Congress can provide effective and informed oversight. That begins by knowing what the money we authorize and appropriate is being used to do. The American people demand no less than that. The fact is, we are not aware; we are not as a Congress performing that proper oversight. The vast majority of us first heard about the possibility of clandestine detention facilities in the Washington Post last Wednesday.

Since then, we have heard that this may have been discussed by Vice President Cheney in a meeting with the Republican caucus. That obviously comes from statements by people at the caucus made publicly. If, as has been reported by Senator Lott, members of the Republican caucus can hear about these facilities from the Vice President of the United States, then the Senate Armed Services Committee and the Senate Select Committee on Intelligence ought to be able to receive a full accounting.

So the amendment I offer today seeks to simply assert, appropriately, congressional oversight in this matter by requiring two classified reports--one by the Secretary of Defense and one by the Director of National Intelligence--to the appropriate committees, detailing the involvement of the Department of Defense and the intelligence community in these activities if, indeed, there is any.

Not later than 60 days after enactment, the Secretary of Defense will provide a classified report to the House and Senate Armed Services Committees of any knowledge or participation in the operation of clandestine facilities by the Department of Defense, including support provided by the Department of Defense to any other part of the U.S. Government or foreign government. The Secretary of Defense must also report on whether the Department has transported any individuals to or from such a facility, and whether detainees in such facilities are to be tried by military commission. Finally, this report will include details about detainees held at DOD facilities for other Government agencies.

The second classified report required by this amendment is from the Director of National Intelligence to the Intelligence Committees of both the House and the Senate. In it, the Director will provide a detailed accounting of the nature, cost, and operation of any clandestine prison or detention facility operated by the U.S. Government, regardless of location, where detainees from the global war on terror are being or have been held.

Now, let me be clear: We are not passing judgment on the merit or the value of these facilities. What we are saying is we need to know and understand what the policy of our country is, what is being done with taxpayer money, and what are the appropriate accounting and oversight mechanisms with respect to this.

In its reporting, the Washington Post said:


The CIA and the White House, citing national security concerns and the value of the program, have dissuaded Congress from demanding that the agency answer questions in open testimony .


My colleagues will note that both of these reports would be classified, both of them would be limited to the committees of jurisdiction. This is not about open testimony. It is about Congress doing its appropriate job through the appropriate committees.

I do not have any doubt that in the American public's mind we are all united and determined to win the war against radical Islamic terrorists. But I do know that any

administration that tries to keep Congress in the dark ultimately winds up damaging the very effort we are engaged in. We have seen this all through history. This goes back for years in the relationship of oversight by the Congress and efforts by administrations to undertake clandestine initiatives on their own.

The executive branch cannot win this by itself. It needs Congress to be invested. It needs Congress to be knowledgeable. It needs Congress to act on behalf of the American people. And in this case, the simple job of oversight is critical to our ability to maintain the consensus necessary for our Nation. We have seen too often too many instances of efforts that go awry that cost us leverage as a nation, cost us leverage with other communities, and ultimately may even cost us lives of Americans because they do go awry without the proper consent.

We also do better as a country in these kinds of efforts when Members of both parties across the aisle have joined together in a foreign policy that represents the broad consensus of the American people and where all of us are accepting responsibility for our actions.

I would hope my colleagues, the distinguished chairman and ranking member, would accept this amendment because I think it acts in the best interests of this institution and of our Nation.

With that, Mr. President, I yield the floor.

Or Shorter:

We must start treating our moral authority as a precious national asset that does not limit our power but magnifies our influence. Only this week did the Administration finally recognize that the protections of the Geneva Convention had to be applied to prisoners in order to comply with the law, restore our moral authority, and best protect American troops. Let me say it plainly: No American president should be for torture before he's against it.

Anyone who understood the conflict we face could never shrug off the imperative of winning the hearts and minds of Muslim moderates.

We must start leading by example. We should never engage in or excuse violations of basic human rights. We must uphold the rule of law in our own conduct. And we should never accept official lying by our leaders. No White House should ever bully the Director of the CIA to make a case he knows isn't true -- and no White House should reward it with the Medal of Freedom.

[karynnj]

5. Though less important, I loved how he kept Roberts and Rockefeller from stealing it

He had introduced his bill. They then turned it - nearly verbatim into theirs because they were the top Democrat and Republican on the Senate Intelligence committee. Biden then proposed an amendment to get the same thing for the SFRC. The problem was there was an agreement on the number of amendments and they were all taken. Biden asked if Roberts and Rockefeller to make his secondary but for some reason I diidn't understand that wasn't possible. Kerry then pointed out that both the Biden and the Roberts/Rockefeller could both be secondary to his - getting both and keeping to the limit. It was funny seeing both Biden and Roberts look completely confused and hearing _ I think Warner - tell them to go with Kerry, who was right and could explain it.

Edited to correct incredibly dumb errors

[TayTay]

6. Yes, he is wicked smaht

LOL, I am not surprised this happened this way.

[karynnj]

8. I wonder if keeping it Kerry's amendment made any difference to it remaining

I do remember that Kennedy and Kerry fought for them staying.

[TayTay]

9. It was the reason there was NO Intel Auth budget last year

K&K refused to remove their amendments. The Repub refused to remove his hold on the bill and so Frist refused to bring it to the floor for a final vote.

[Democrafty]

7. I remember that! It was awesome! n/t

[beachmom]

10. Bush is threatening to veto it:

http://www.boston.com/news/nation/washington/articles/2007/04/13/bush_threatens_a_veto_over_intel_bill/?rss_id=Boston.com+%2F+News

WASHINGTON --President Bush is threatening to veto a Senate intelligence bill that's laced with provisions that would force the White House and spy agencies to be more responsive to Congress.

In a policy statement released Thursday, Bush's advisers said the bill fails to provide enough money, "with sufficient flexibility," to adequately pay for spying operations.



Call me crazy, but it does seem that Bush has it in for Kerry. That or Kerry knows where to hit him where it hurts. Probably a combination of the two.

[rox63]

11. JK is trying to shine light onto the * admin's darkest dealings

So of course he'll have it in for JK.