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:

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       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

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       (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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