Congressional Record: July 14, 2003 (Senate)
Page S9339-S9354


              DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2004
			  
  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:

	[...]
	
       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)).
	 
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