Congressional Record: January 17, 2003 (Senate)
Page S1132-S1134

 
    MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2003--
                               Continued

[...]

 Mr. GRASSLEY. Mr. President, I am pleased to have submitted an 
amendment dealing with the Total Information Awareness Program at the 
DOD. Many of my colleagues may know about this program designed to test 
technologies that collect information from public and private databases 
and try to find trends that could signal threats against the United 
States. Like many people, I have been concerned that this program could 
be used to invade the privacy of Americans by snooping around in our 
bank accounts, personal internet computers, phone records, and the 
like. In November of last year, I asked the DOD Inspector General to 
look into the purposes of TIA and to make sure that there are 
appropriate controls in place to ensure that it is used only for 
foreign intelligence purposes to protect us against terrorism and 
foreign threats, but not on Americans or for domestic crime fighting. I 
am told that the IG investigation is proceeding, and that the IG has 
ordered a formal audit of TIA.
  This amendment limits the use of the TIA funds appropriated by 
Congress to foreign intelligence purposes. DOD will be required to tell 
Congress what it is doing regarding TIA, and keep us in the loop on 
developments. It also provides that TIA can't be used on U.S. citizens 
once it is up and running.
  But the amendment allows development of TIA to continue for foreign 
terrorism purposes. So it is a great compromise in that it allows the 
development of TIA to help track international terrorism, but protects 
against abuses that could violate the privacy of our own people. I 
encourage my colleagues to support this amendment.


Congressional Record: January 17, 2003 (Senate)
Page S1155-S1166

 
                           TEXT OF AMENDMENTS

[...]
						   

  SA 53. Mr. GRASSLEY 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 Availability of Funds for 
     Research and Development on Total Information Awareness 
     Program.--Notwithstanding any other provision of law, funds 
     appropriated or otherwise made available by this Act, or by 
     any other Act, may be obligated or expended by the Department 
     of Defense, or by any contractor of the Department, for the 
     purpose of research, development, test, or evaluation on any 
     technology or component of the information collection program 
     known as the Total Information Awareness program, or any 
     program whose purpose is the collection of information on 
     United States citizens in the United States, regardless of 
     whether or not such program is to be transferred to another 
     department, agency, or element of the Federal Government only 
     if--
       (1) such technology or component is to be used, and is 
     used, only for foreign intelligence purposes; and
       (2) such technology or component is not to be used, and is 
     not used, for domestic intelligence or law enforcement 
     purposes.
       (b) Provision in Contracts and Grants.--Any contract or 
     grant instrument applicable to the Total Information 
     Awareness program or other program referred to in subsection 
     (a) shall include appropriate controls to facilitate the 
     limitations in that subsection.
       (c) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense, the Attorney 
     General, and the Director of Central Intelligence shall 
     jointly submit to Congress a report on the Total Information 
     Awareness program. The report shall set forth the following:
       (1) A detailed explanation (including an expenditure plan) 
     of the actual and intended use of the funds for all projects 
     and activities of the Total Information Awareness program.
       (2) A list of the departments and agencies of the Federal 
     Government that have, or would have, an interest in utilizing 
     the Total Information Awareness program, and for what 
     purposes.
       (3) A description of the ways information collected by the 
     Total Information Awareness program may be used by law 
     enforcement, intelligence, and other agencies of the Federal 
     Government.
       (4) A list of the current laws and regulations governing 
     the information to be collected by the Total Information 
     Awareness program, and a description of any modifications in 
     such laws that are required to use such information in the 
     manner proposed under the program.
       (5) Recommendations for additional research, technology 
     development, or other measures necessary to ensure the 
     protection of privacy and civil liberties of United States 
     citizens during the operation of the Total Information 
     Awareness program.
                               
								 
	

	
	  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)).
                                 ______