SA 59. Mr. WYDEN (for himself, Mrs. Feinstein, Mr. Reid, Mrs. Boxer,
Mr. Corzine, and Mr. Leahy) submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 2, making further
continuing appropriations for the fiscal year 2003, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title I of division M, add the following:
Sec. 111. (a) Limitation on Use of Funds for Research and
Development on Total Information Awareness Program.--
Notwithstanding any other provision of law, commencing 60
days after the date of the enactment of this Act, 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 Total Information Awareness program
unless--
(1) the report described in subsection (b) is submitted to
Congress not later than 60 days after the date of the
enactment of this Act; or
(2) the President certifies to Congress in writing, that--
(A) the submittal of the report to Congress within 60 days
after the date of the enactment of this Act is not
practicable; and
(B) the cessation of research and development on the Total
Information Awareness program would endanger the national
security of the United States.
(b) Report.--The report described in this subsection is a
report, in writing, of the Secretary of Defense, the Attorney
General, and the Director of Central Intelligence, acting
jointly, that--
(1) contains--
(A) a detailed explanation of the actual and intended use
of funds for each project and activity of the Total
Information Awareness program, including an expenditure plan
for the use of such funds;
(B) the schedule for proposed research and development on
each project and activity of the Total Information Awareness
program; and
(C) target dates for the deployment of each project and
activity of the Total Information Awareness program;
(2) assesses the likely efficacy of systems such as the
Total Information Awareness program in providing practically
valuable predictive assessments of the plans, intentions, or
capabilities of terrorists or terrorist groups;
(3) assesses the likely impact of the implementation of a
system such as the Total Information Awareness program on
privacy and civil liberties; and
[[Page S1165]]
(4) sets forth a list of the laws and regulations that
govern the information to be collected by the Total
Information Awareness program, and a description of any
modifications of such laws that will be required to use the
information in the manner proposed under such program;
(5) includes recommendations, endorsed by the Attorney
General, for practices, procedures, regulations, or
legislation on the deployment, implementation, or use of the
Total Information Awareness program to eliminate or minimize
adverse effects of such program on privacy and other civil
liberties.
(c) Limitation on Deployment of Total Information Awareness
Program.--(1) Notwithstanding any other provision of law and
except as provided in paragraph (2), if and when research and
development on the Total 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
(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 Total
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
overseas, or wholly against non-United States persons.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the Total 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.
(e) Definitions.--In this section:
(1) Total information awareness program.--The term ``Total
Information Awareness program''--
(A) means the computer hardware and software components of
the program known as 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)).
______
