Privacy Information Center

H.J. Res 2 (Public Law 108-7)
(pages 1118-1123)

(full text of Public Law available in pdf from the United States Government Printing Office)


3 AWARENESS PROGRAM.—Notwithstanding any other provi-
4 sion of law, commencing 90 days after the date of the enact-
5 ment of this Act, no funds appropriated or otherwise made
6 available to the Department of Defense, whether to an ele-
7 ment of the Defense Advanced Research Projects Agency or
8 any other element, or to any other department, agency, or
9 element of the Federal Government, may be obligated or ex-
10 pended on research and development on the Total Informa-
11 tion Awareness program unless—
12 (1) the report described in subsection (b) is sub-
13 mitted to Congress not later than 90 days after the
14 date of the enactment of this Act; or
15 (2) the President certifies to Congress in writing,
16 that—
17 (A) the submittal of the report to Congress
18 within 90 days after the date of the enactment
19 of this Act is not practicable; and
20 (B) the cessation of research and develop-
21 ment on the Total Information Awareness pro-
22 gram would endanger the national security of
23 the United States.
24 (b) REPORT.—The report described in this subsection
25 is a report, in writing, of the Secretary of Defense, the At-
1 torney General, and the Director of Central Intelligence,
2 acting jointly, that—
3 (1) contains—
4 (A) a detailed explanation of the actual and
5 intended use of funds for each project and activ-
6 ity of the Total Information Awareness program,
7 including an expenditure plan for the use of such
8 funds;
9 (B) the schedule for proposed research and
10 development on each project and activity of the
11 Total Information Awareness program; and
12 (C) target dates for the deployment of each
13 project and activity of the Total Information
14 Awareness program;
15 (2) assesses the likely efficacy of systems such as
16 the Total Information Awareness program in pro-
17 viding practically valuable predictive assessments of
18 the plans, intentions, or capabilities of terrorists or
19 terrorist groups;
20 (3) assesses the likely impact of the implementa-
21 tion of a system such as the Total Information
22 Awareness program on privacy and civil liberties;
23 and
24 (4) sets forth a list of the laws and regulations
25 that govern the information to be collected by the
1 Total Information Awareness program, and a de-
2 scription of any modifications of such laws that will
3 be required to use the information in the manner pro-
4 posed under such program;
5 (5) includes recommendations, endorsed by the
6 Attorney General, for practices, procedures, regula-
7 tions, or legislation on the deployment, implementa-
8 tion, or use of the Total Information Awareness pro-
9 gram to eliminate or minimize adverse effects of such
10 program on privacy and other civil liberties.
12 TION AWARENESS PROGRAM.—(1) Notwithstanding any
13 other provision of law and except as provided in paragraph
14 (2), if and when research and development on the Total In-
15 formation Awareness program, or any component of such
16 program, permits the deployment or implementation of
17 such program or component, no department, agency, or ele-
18 ment of the Federal Government may deploy or implement
19 such program or component, or transfer such program or
20 component to another department, agency, or element of the
21 Federal Government, until the Secretary of Defense—
22 (A) notifies Congress of that development, includ-
23 ing a specific and detailed description of—
1 (i) each element of such program or compo-
2 nent intended to be deployed or implemented;
3 and
4 (ii) the method and scope of the intended
5 deployment or implementation of such program
6 or component (including the data or information
7 to be accessed or used); and
8 (B) has received specific authorization by law
9 from Congress for the deployment or implementation
10 of such program or component, including—
11 (i) a specific authorization by law for the
12 deployment or implementation of such program
13 or component; and
14 (ii) a specific appropriation by law of
15 funds for the deployment or implementation of
16 such program or component.
17 (2) The limitation in paragraph (1) shall not apply
18 with respect to the deployment or implementation of the
19 Total Information Awareness program, or a component of
20 such program, in support of the following:
21 (A) Lawful military operations of the United
22 States conducted outside the United States.
23 (B) Lawful foreign intelligence activities con-
24 ducted wholly overseas, or wholly against non-United
25 States persons.
1 (d) SENSE OF CONGRESS.—It is the sense of Congress
2 that—
3 (1) the Total Information Awareness program
4 should not be used to develop technologies for use in
5 conducting intelligence activities or law enforcement
6 activities against United States persons without ap-
7 propriate consultation with Congress or without clear
8 adherence to principles to protect civil liberties and
9 privacy; and
10 (2) the primary purpose of the Defense Advanced
11 Research Projects Agency is to support the lawful ac-
12 tivities of the Department of Defense and the national
13 security programs conducted pursuant to the laws as-
14 sembled for codification purposes in title 50, United
15 States Code.
16 (e) DEFINITIONS.—In this section:
18 GRAM.—The term ‘‘Total Information Awareness
19 program’’—
20 (A) means the computer hardware and soft-
21 ware components of the program known as Total
22 Information Awareness, any related information
23 awareness program, or any successor program
24 under the Defense Advanced Research Projects
1 Agency or another element of the Department of
2 Defense; and
3 (B) includes a program referred to in sub-
4 paragraph (1), or a component of such program,
5 that has been transferred from the Defense Ad-
6 vanced Research Projects Agency or another ele-
7 ment of the Department of Defense to any other
8 department, agency, or element of the Federal
9 Government.
11 ‘‘non-United States person’’ means any person other
12 than a United States person.
13 (3) UNITED STATES PERSON.—The term ‘‘United
14 States person’’ has the meaning given that term in
15 section 101(i) of the Foreign Intelligence Surveillance
16 Act of 1978 (50 U.S.C. 1801(i)).

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