Page:United States Statutes at Large Volume 117.djvu/555

 117 STAT. 536

PUBLIC LAW 108–7—FEB. 20, 2003

(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 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)). (INCLUDING 116 Stat. 1537.

VerDate 11-MAY-2000

13:45 Aug 26, 2004

TRANSFER OF FUNDS)

SEC. 112. Section 8005 of the Department of Defense Appropriations Act, 2003 (Public Law 107–248) is amended by inserting before the period at the end the following: ‘‘: Provided further, That, in addition to the transfer authority provided in this section, and subject to the terms and conditions of this section except the limitation in the fourth proviso, the Secretary of Defense may, only to meet unforeseen fuel costs borne by the Defense Working Capital Fund resulting from fuel cost increases and the global war on terrorism, transfer up to an additional $500,000,000 of funds made available in this Act to the Department of Defense

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