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[Congressional Record: July 14, 2003 (Senate)]
[Page S9339-S9354]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr14jy03-145]


TEXT OF AMENDMENTS

[Excerpts]

SA 1217. Mr. STEVENS proposed an amendment to the bill H.R. 2658, making appropriations for the Department of Defense for the fiscal year ending September 30, 2004, and for other purposes; as follows:

Strike all after the enacting clause and insert in lieu thereof the following:

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, for military functions administered by the Department of Defense, and for other purposes, namely:

...Sec. 8120. (a) Limitation on Use of Funds for Research and Development on Terrorism Information Awareness Program.--

Notwithstanding any other provision of law, no funds appropriated or otherwise made available to the Department of Defense, whether to an element of the Defense Advanced Research Projects Agency or any other element, or to any other department, agency, or element of the Federal Government, may be obligated or expended on research and development on the Terrorism Information Awareness program. (b) Limitation on Deployment of Terrorism Information Awareness Program.--

(1) Notwithstanding any other provision of law, if and when research and development on the Terrorism Information Awareness program, or any component of such program, permits the deployment or implementation of such program or component, no department, agency, or element of the Federal Government may deploy or implement such program or component, or transfer such program or component to another department, agency, or element of the Federal Government, until the Secretary of Defense--

(A) notifies Congress of that development, including a specific and detailed description of--

(i) each element of such program or component intended to be deployed or implemented; and

[[Page S9353]]

(ii) the method and scope of the intended deployment or implementation of such program or component (including the data or information to be accessed or used); and (B) has received specific authorization by law from Congress for the deployment or implementation of such program or component, including--

(i) a specific authorization by law for the deployment or implementation of such program or component; and (ii) a specific appropriation by law of funds for the deployment or implementation of such program or component.

(2) The limitation in paragraph (1) shall not apply with respect to the deployment or implementation of the Terrorism Information Awareness program, or a component of such program, in support of the following:

(A) Lawful military operations of the United States conducted outside the United States.
(B) Lawful foreign intelligence activities conducted wholly against non-United States persons.
(c) Sense of Congress.--It is the sense of Congress that--

(1) the Terrorism Information Awareness program should not be used to develop technologies for use in conducting intelligence activities or law enforcement activities against United States persons without appropriate consultation with Congress or without clear adherence to principles to protect civil liberties and privacy; and (2) the primary purpose of the Defense Advanced Research Projects Agency is to support the lawful activities of the Department of Defense and the national security programs conducted pursuant to the laws assembled for codification purposes in title 50, United States Code.

(d) Definitions.--In this section:

(1) Terrorism information awareness program.--The term ``Terrorism Information Awareness program''--

(A) means the components of the program known either as Terrorism Information Awareness or Total Information Awareness, any related information awareness program, or any successor program under the Defense Advanced Research Projects Agency or another element of the Department of Defense; and (B) includes a program referred to in subparagraph (1), or a component of such program, that has been transferred from the Defense Advanced Research Projects Agency or another element of the Department of Defense to any other department, agency, or element of the Federal Government

(2) Non-united states person.--The term ``non-United States person'' means any person other than a United States person. (3) United states person.--The term ``United States person'' has the meaning given that term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).