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)).
                                 ______