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(E) The number of military personnel as-
signed to such facility as of the end of such pe-
riod.
(F) The number of other employees of the
United States Government assigned to such facil-
ity as of the end of such period.
(G) The number of contractor personnel as-
signed to such facility as of the end of such pe-
riod.
(c) FORM OF REPORT.—Each report under subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle D—Matters Relating to
Space
SEC. 1031. SPACE POSTURE REVIEW.
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—
In order to clarify the national security space policy and
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strategy of the United States for the near term, the Sec-
retary of Defense shall conduct a comprehensive review of
the space posture of the United States over the posture re-
view period.
(b) ELEMENTS OF REVIEW.—The review conducted
under subsection (a) shall include, for the posture review
period, the following:
(1) The role of space in United States military
and national security strategy, planning, and pro-
gramming.
(2) The policy, requirements, and objectives for
space situational awareness.
(3) The policy, requirements, and objectives for
space control.
(4) The policy, requirements, and objectives for
space superiority, including defensive and offensive
counterspace.
(5) The policy, requirements, and objectives for
space exploitation, including force enhancement and
force application.
(6) The policy, requirements, and objectives for
intelligence surveillance and reconnaissance from
space.
(7) Current and planned space programs, in-
cluding how each such program will address the pol-
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icy, requirements, and objectives described in para-
graphs (1) through (6).
(8) The relationship among United States mili-
tary space policy and national security space policy,
space objectives, and arms control policy.
(9) The type of systems, including space systems,
that are necessary to implement United States mili-
tary and national security space policies.
(10) The effect of United States national security
space policy on weapons proliferation.
(c) REPORTS.—(1) Not later than March 15, 2005, the
Secretary of Defense shall submit to the congressional de-
fense committees an interim report on the review conducted
under subsection (a).
(2) Not later than December 31, 2005, the Secretary
shall submit to the congressional defense committees a final
report on the review.
(3) Each report under this subsection shall be sub-
mitted in unclassified form, but may include a classified
annex.
(4) The reports under this subsection shall also be sub-
mitted to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives.
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(d) JOINT UNDERTAKING WITH THE DIRECTOR OF
CENTRAL INTELLIGENCE.—The Secretary of Defense shall
conduct the review under this section, and submit the re-
ports under subsection (c), jointly with the Director of Cen-
tral Intelligence.
(e) POSTURE REVIEW PERIOD DEFINED.—In this sec-
tion, the term ‘‘posture review period’’ means the period
beginning one year after the date of the enactment of this
Act and ending ten years after that date.
SEC. 1032. PANEL ON THE FUTURE OF MILITARY SPACE
LAUNCH.
(a) IN GENERAL.—(1) The Secretary of Defense shall
enter into a contract with a federally funded research and
development center to establish a panel on the future mili-
tary space launch requirements of the United States, in-
cluding means of meeting such requirements.
(2) The Secretary shall enter into the contract not later
than 60 days after the date of the enactment of this Act.
(b) MEMBERSHIP AND ADMINISTRATION OF PANEL.—
(1) The panel shall consist of individuals selected by the
federally funded research and development center from
among private citizens of the United States with knowledge
and expertise in one or more of the following areas:
(A) Space launch operations.
(B) Space launch technologies.
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(C) Satellite and satellite payloads.
(D) State and national launch complexes.
(E) Space launch economics.
(2) The federally funded research and development cen-
ter shall establish appropriate procedures for the adminis-
tration of the panel, including designation of the chairman
of the panel from among its members.
(3) All panel members shall hold security clearances
appropriate for the work of the panel.
(4) The panel shall convene its first meeting not later
than 30 days after the date on which all members of the
panel have been selected.
(c) DUTIES.—(1) The panel shall conduct a review and
assessment of the future military space launch requirements
of the United States, including the means of meeting such
requirements.
(2) The review and assessment shall take into account
matters as follows:
(A) Launch economics.
(B) Operational concepts and architectures.
(C) Launch technologies, including—
(i) reusable launch vehicles;
(ii) expendable launch vehicles;
(iii) low cost options; and
(iv) revolutionary approaches.
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(D) Payloads, including their implications for
launch requirements.
(E) Launch infrastructure.
(F) Launch industrial base.
(G) Relationships among military, civilian, and
commercial launch requirements.
(3) The review and assessment shall address military
space launch requirements over each of the 5-year, 10-year,
and 15-year periods beginning with 2005.
(d) COOPERATION OF FEDERAL AGENCIES.—(1) The
panel may secure directly from the Department of Defense
or any other department or agency of the Federal Govern-
ment any information that the panel considers necessary
to carry out its duties.
(2) The Secretary of Defense shall designate at least
one senior civilian employee of the Department of Defense
and at least one general or flag officer of an Armed Force
to serve as liaison between the Department, the Armed
Forces, and the panel.
(e) REPORT.—Not later than one year after the date
of the first meeting of the panel under subsection (b)(4),
the panel shall submit to the Secretary of Defense, the con-
gressional defense committees, the Select Committee on In-
telligence of the Senate, and the Permanent Select Com-
mittee on Intelligence of the House of Representatives a re-
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port on the results of the review and assessment under sub-
section (c). The report shall include—
(1) the findings and conclusions of the panel on
the future military space launch requirements of the
United States, including means of meeting such re-
quirements;
(2) the assessment of panel, and any rec-
ommendations of the panel, on—
(A) launch operational concepts and archi-
tectures;
(B) launch technologies;
(C) launch enabling technologies; and
(D) priorities for funding; and
(3) the assessment of the panel as to the best
means of meeting the future military space launch re-
quirements of the United States.
(f) TERMINATION.—The panel shall terminate 16
months after the date on which the chairman of the panel
is designated pursuant to subsection (b)(2).
(g) FUNDING.—Amounts authorized to be appro-
priated to the Department of Defense shall be available to
the Secretary of Defense for purposes of the contract re-
quired by subsection (a).
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SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECU-
RITY PAYLOADS FOR SPACE SATELLITES.
(a) PLANNING, PROGRAMMING, AND MANAGEMENT.—
(1) Chapter 135 of title 10, United States Code, is amended
by inserting after section 2273 the following new section:
‘‘§ 2273a. Operationally responsive national security
payloads
‘‘(a) REQUIREMENT FOR PROGRAM ELEMENT.—The
Secretary of Defense shall ensure that operationally respon-
sive national security payloads of the Department of De-
fense for space satellites are planned, programmed, and
budgeted for as a separate, dedicated program element.
‘‘(b) MANAGEMENT AUTHORITY.—The Secretary of De-
fense shall assign management authority for the program
element required under subsection (a) to the Director of the
Office of Force Transformation.
‘‘(c) DEFINITION OF OPERATIONALLY RESPONSIVE.—
In this section, the term ‘operationally responsive’, with re-
spect to a national security payload for a space satellite,
means an experimental or operational payload not in excess
of 5,000 pounds that—
‘‘(1) can be developed and acquired within 18
months after authority to proceed with development is
granted; and
‘‘(2) is responsive to requirements for capabili-
ties at the operational and tactical levels of warfare.’’.
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(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2273 the following new item:
‘‘2273a. Operationally responsive national security payloads.’’.
(b) TIME FOR IMPLEMENTATION.—Section 2273a(a) of
title 10, United States Code, shall apply with respect to
fiscal years beginning after September 30, 2005.
(c) FUNDING.—Of the amount authorized to be appro-
priated under section 201(4), $25,000,000 shall be available
for research, development, test, and evaluation of operation-
ally responsive national security payloads for space sat-
ellites.
SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF
COMMERCIAL SATELLITE OPERATIONS.
(a) DISCLOSURE PROHIBITED.—Land remote sensing
information may not be disclosed under section 552 of title
5, United States Code.
(b) LAND
REMOTE
SENSING
INFORMATION
DE-
FINED.—In this section, the term ‘‘land remote sensing
information’’—
(1) means any data that—
(A) are collected by land remote sensing;
and
(B) are prohibited from sale to customers
other than the United States Government and its
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affiliated users under the Land Remote Sensing
Policy Act of 1992 (15 U.S.C. 5601 et seq.); and
(2) includes any imagery and other product that
is derived from such data.
(c) STATE OR LOCAL GOVERNMENT DISCLOSURES.—
Land remote sensing information provided by the head of
a department or agency of the United States to a State or
local government may not be made available to the general
public under any State or local law relating to the disclo-
sure of information or records.
(d) SAFEGUARDING INFORMATION.—The head of each
department or agency of the United States having land re-
mote sensing information within that department or agency
or providing such information to a State or local govern-
ment shall take such actions, commensurate with the sensi-
tivity of that information, as are necessary to protect that
information from disclosure prohibited under this section.
(e) OTHER DEFINITIONS.—In this section, the terms
‘‘land remote sensing’’ and ‘‘United States Government and
its affiliated users’’ have the meanings given such terms in
section 3 of such Act (15 U.S.C. 5602).
SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH
RANGES.
It is the sense of Congress that the Secretary of Defense
should provide support for, and continue the development,
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certification, and deployment of range safety systems that
are capable of—
(1) reducing costs related to national security
space launches and launch infrastructure; and
(2) enhancing technical capabilities and oper-
ational safety at the Eastern, Western, and other
United States space launch ranges.
Subtitle E—Defense Against
Terrorism
SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICATIONS
EQUIPMENT PROVIDED BY LOCAL PUBLIC
SAFETY AGENCIES.
(a) AUTHORITY.—Chapter 155 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2613. Emergency communications equipment: tem-
porary acceptance from local public safe-
ty agencies
‘‘(a) AUTHORITY FOR TEMPORARY ACCEPTANCE OF
EQUIPMENT.—(1) Under regulations prescribed by the Sec-
retary concerned, the commander of a military installation
may include in a disaster response agreement with a local
public safety agency a clause that provides for the com-
mander to accept from the public safety agency for use dur-
ing a natural or man-made disaster any communications
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equipment that is useful for communicating with such agen-
cy during a joint response by the commander and such
agency to such disaster.
‘‘(2) The authority under paragraph (1) includes au-
thority to accept services related to the operation and main-
tenance of communications equipment accepted under that
paragraph.
‘‘(3) In the case of a military installation adminis-
tered by an officer or employee of the United States, such
officer or employee may exercise the authority of a com-
mander under this section.
‘‘(b) CONDITIONS.—Acceptance of communications
equipment and services by a commander from a public safe-
ty agency under subsection (a) is subject to the following
conditions:
‘‘(1) Acceptance of equipment is authorized only
to the extent that communications equipment under
the control of the commander is inadequate to meet
requirements for communicating with that public
safety agency during a joint response to a disaster.
‘‘(2) Acceptance of services for the operation or
maintenance of communications equipment is author-
ized only to the extent that capabilities under the con-
trol of the commander are inadequate to operate or
maintain such equipment.
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‘‘(c) LIABILITY.—(1) An emergency response agree-
ment under this section shall include a clause that—
‘‘(A) specifies the means for the commander to
pay for use, loss, or damage of equipment, and for
services, accepted under the agreement; or
‘‘(B) ensures that the United States is not liable
for costs incurred for the acceptance and use of the
equipment or services nor for any loss or damage of
such equipment.
‘‘(2) No person providing services accepted under an
emergency response agreement may be considered to be an
officer, employee, or agent of the United States for any pur-
pose.
‘‘(d) GUIDANCE.—The Secretary of Defense shall pre-
scribe guidance for the administration of the requirements
and authority under this section.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘emergency response agreement’
means a memorandum of agreement or memorandum
of understanding that provides for mutual support by
Department of Defense personnel and local public
safety agency personnel in response to a natural or
man-made disaster.
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‘‘(2) The term ‘military installation’ has the
meaning given such term in section 2801(c) of this
title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2613. Emergency communications equipment: temporary acceptance from local
public safety agencies.’’.
SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT
FOR HOMELAND DEFENSE OPERATIONS.
(a) DETERMINATION REQUIRED.—(1) The Secretary of
Defense shall determine the feasibility and advisability of
dedicating an airlift capability of the Armed Forces on a
full-time basis to the support of homeland defense oper-
ations, including operations in support of contingent re-
quirements for transporting Weapons of Mass Destruction
Civil Support Teams, Air Force expeditionary medical
teams, and Department of Energy emergency response
teams in response to natural disasters and man-made disas-
ters.
(2) In making the determination under paragraph (1),
the Secretary shall take into consideration the results of the
study required under subsection (b).
(b) REQUIREMENT FOR STUDY AND PLAN.—(1) The
Secretary of Defense shall conduct a study of the existing
plans and capabilities of the Department of Defense for
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meeting contingent requirements for transporting teams de-
scribed in subsection (a)(1) in response to natural disasters
and man-made disasters.
(2) The Secretary shall prepare a plan for resolving
any deficiencies in the existing plans and capabilities for
meeting the transportation requirements described in para-
graph (1).
(3) The Secretary of Defense shall require the com-
mander of the United States Northern Command and the
commander of the United States Transportation Command
to carry out jointly the study required under paragraph
(1) and to prepare jointly the plan required under para-
graph (2).
(c) REPORT.—Not later than April 1, 2005, the Sec-
retary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
the results of the study under subsection (b). The report
shall include the following matters:
(1) The Secretary’s determination under sub-
section (a).
(2) An assessment and discussion of the ade-
quacy of existing plans and capabilities of the De-
partment of Defense for meeting the transportation
requirements described in subsection (b)(1).
(3) The plan required under subsection (b)(2).
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(d) DEFINITION.—In this section, the term ‘‘Weapons
of Mass Destruction Civil Support Team’’ has the meaning
given such term in section 305b(e) of title 37, United States
Code.
SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED
TO CHEMICAL OR BIOLOGICAL CONTAMINA-
TION.
(a) REQUIREMENT FOR IMPLEMENTATION PLAN.—Not
later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congres-
sional defense committees a plan, for implementation by the
Department of Defense, that sets forth a systematic ap-
proach for ensuring the survivability of defense critical sys-
tems upon contamination of such systems by chemical or
biological agents.
(b) CONTENT.—At a minimum, the plan under sub-
section (a) shall include—
(1) policies for ensuring that the survivability of
defense critical systems in the event of contamination
by chemical or biological agents is adequately ad-
dressed throughout the Department of Defense;
(2) a systematic process for identifying which
systems are defense critical systems;
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(3) specific testing procedures to be used during
the design and development of new defense critical
systems; and
(4) a centralized database that—
(A) contains comprehensive information on
the effects of chemical and biological agents and
decontaminants on materials used in defense
critical systems; and
(B) is easily accessible to personnel who
have duties to ensure the survivability of defense
critical systems upon contamination of such sys-
tems by chemical and biological agents.
(c) DEFENSE CRITICAL SYSTEMS DEFINED.—In this
section, the term ‘‘defense critical system’’ means a Depart-
ment of Defense system that is critical to the national secu-
rity of the United States.
Subtitle F—Matters Relating to
Other Nations
SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETEC-
TION AND CLEARANCE OF LANDMINES AND
EXPLOSIVE REMNANTS OF WAR.
(a) RESTATEMENT AND EXPANSION OF AUTHORITY.—
(1) Chapter 20 of title 10, United States Code, is amended
by adding at the end the following new section:
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‘‘§ 406. Humanitarian assistance for the detection and
clearance of landmines and explosive
remnants of war
‘‘(a) IN GENERAL.—Under regulations prescribed by
the Secretary of Defense, members of the armed forces may
provide humanitarian assistance for the detection and
clearance of landmines or explosive remnants of war in a
foreign country, including activities relating to the fur-
nishing of education, training, and technical assistance, if
the Secretary determines that the provision of such assist-
ance will promote—
‘‘(1) the security interests of both the United
States and the country in which such assistance is to
be provided; and
‘‘(2) the specific operational readiness skills of
the members of the armed forces who provide such as-
sistance.
‘‘(b) LIMITATIONS ON ACTIVITIES OF MEMBERS OF
THE ARMED FORCES.—The Secretary shall ensure that no
member of the armed forces, while providing assistance
under this section—
‘‘(1) engages in the physical detection, lifting or
destroying of landmines or explosive remnants of war
(unless the member does so for the concurrent purpose
of supporting a United States military operation); or
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‘‘(2) provides such assistance as part of a mili-
tary operation that does not involve the armed forces.
‘‘(c) REQUIREMENT FOR APPROVAL OF SECRETARY OF
STATE.—Humanitarian assistance for the detection and
clearance of landmines and remnants of war may not be
provided under this section to any foreign country unless
the Secretary of State specifically approves the provision
of such assistance to such foreign country.
‘‘(d) AVAILABILITY
OF FUNDS
FOR CERTAIN EX-
PENSES.—(1) To the extent provided in Acts authorizing
appropriations for military activities of the Department of
Defense, funds authorized to be appropriated to the Depart-
ment for a fiscal year for humanitarian assistance shall
be available for the purpose of providing assistance under
this section.
‘‘(2) Expenses incurred as a direct result of providing
humanitarian assistance under this section to a foreign
country shall be paid out of funds specifically appropriated
for such purpose.
‘‘(3) Expenses covered by paragraph (2) include the
following:
‘‘(A) Travel, transportation, and subsistence ex-
penses of Department of Defense personnel providing
humanitarian assistance under this section.
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‘‘(B) The cost of any equipment, services, or sup-
plies acquired for the purpose of carrying out or sup-
porting the provision of such assistance, including
any nonlethal, individual, or small-team landmine or
explosive remnant of war clearing equipment or sup-
plies that are to be transferred or otherwise furnished
to a foreign country in furtherance of the provision
of assistance under this section.
‘‘(4) The cost of equipment, services and supplies pro-
vided in any fiscal year to a foreign country under para-
graph (3)(B) may not exceed $5,000,000.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘406. Humanitarian assistance for the detection and clearance of landmines and
explosive remnants of war.’’.
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section
401 of such title is amended—
(1) in subsection (a), by striking paragraph (4);
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘(1)’’;
and
(B) by striking paragraph (2);
(3) in subsection (c)—
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as
paragraph (2); and
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(4) in subsection (e), by striking paragraph (5).
SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG
AND COUNTERTERRORISM CAMPAIGN IN CO-
LOMBIA.
(a) AUTHORITY.—(1) In fiscal years 2005 and 2006,
funds available to the Department of Defense to provide as-
sistance to the Government of Colombia may be used by
the Secretary of Defense to support a unified campaign by
the Government of Colombia against narcotics trafficking
and against activities by organizations designated as ter-
rorist organizations, such as the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army
(ELN), and the United Self-Defense Forces of Colombia
(AUC).
(2) The authority to provide assistance for a campaign
under this subsection includes authority to take actions to
protect human health and welfare in emergency cir-
cumstances, including the undertaking of rescue operations.
(b) APPLICABILITY OF CERTAIN LAWS AND LIMITA-
TIONS.—The use of funds pursuant to the authority in sub-
section (a) shall be subject to the following:
(1) Sections 556, 567, and 568 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107–115; 115
Stat. 2160, 2165, and 2166).
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(2) Section 8077 of the Department of Defense
Appropriations Act, 2004 (Public Law 108–87; 117
Stat. 1090).
(c) NUMERICAL
LIMITATION
ON
ASSIGNMENT
OF
UNITED STATES PERSONNEL.—Notwithstanding section
3204(b) of the Emergency Supplemental Act, 2000 (Divi-
sion B of Public Law 106–246; 114 Stat. 575), as amended
by the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107–115;
115 Stat. 2131), the number of United States personnel as-
signed to conduct activities in Colombia in connection with
support of Plan Colombia under subsection (a) in fiscal
years 2005 and 2006 shall be subject to the following limita-
tions:
(1) The number of United States military per-
sonnel assigned for temporary or permanent duty in
Colombia in connection with support of Plan Colom-
bia may not exceed 800.
(2) The number of United States individual citi-
zens retained as contractors in Colombia in connec-
tion with support of Plan Colombia who are funded
by Federal funds may not exceed 600.
(d) LIMITATION
ON
PARTICIPATION
OF
UNITED
STATES PERSONNEL.—No United States Armed Forces per-
sonnel, United States civilian employees, or United States
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civilian contractor personnel employed by the United States
may participate in any combat operation in connection
with assistance using funds pursuant to the authority in
subsection (a), except for the purpose of acting in self de-
fense or of rescuing any United States citizen, including
any United States Armed Forces personnel, United States
civilian employee, or civilian contractor employed by the
United States.
(e) RELATION TO OTHER AUTHORITY.—The authority
provided by subsection (a) is in addition to any other au-
thority in law to provide assistance to the Government of
Colombia.
(f) REPORT ON RELATIONSHIPS BETWEEN TERRORIST
ORGANIZATIONS
IN COLOMBIA
AND FOREIGN GOVERN-
MENTS AND ORGANIZATIONS.—(1) Not later than 60 days
after the date of the enactment of this Act, the Secretary
of State shall, in consultation with the Secretary of Defense
and the Director of Central Intelligence, submit to the con-
gressional defense committees and the Committee on For-
eign Relations of the Senate and the Committee on Inter-
national Relations of the House of Representatives a report
that describes—
(A) any relationships between foreign govern-
ments or organizations and organizations based in
Colombia that have been designated as foreign ter-
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rorist organizations under United States law, includ-
ing the provision of any direct or indirect assistance
to such organizations; and
(B) United States policies that are designed to
address such relationships.
(2) The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILI-
TARY AND SECURITY FORCES.
(a) AUTHORITY.—Subject to the limitations in sub-
section (c), the Secretary of Defense may provide assistance
in fiscal year 2005 to Iraq and Afghanistan military or
security forces solely to enhance their ability to combat ter-
rorism and support United States or coalition military op-
erations in Iraq and Afghanistan, respectively.
(b) TYPE OF ASSISTANCE.—Assistance provided under
subsection (a) may include equipment, supplies, services,
and training.
(c) LIMITATIONS.—(1) The Secretary of Defense may
provide assistance under this section only with the concur-
rence of the Secretary of State and, in any case in which
section 104(e) of the National Security Act of 1947 (50
U.S.C. 403–4(e)) applies, the Director of Central Intel-
ligence.
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(2) The cost of assistance provided under this section
may be paid only out of funds available to the Department
of Defense for fiscal year 2005 for operation and mainte-
nance and may not exceed $250,000,000.
(d) RELATIONSHIP TO OTHER AUTHORITY.—The au-
thority to provide assistance under this section is in addi-
tion to any other authority to provide assistance to Iraq
and Afghanistan.
(e) CONGRESSIONAL NOTIFICATION.—Not later than
15 days before providing assistance to a recipient under
this section, the Secretary of Defense shall submit to the
congressional defense committees a notification of the assist-
ance proposed to be provided.
SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO
SUBMARINE SAFETY RESEARCH AND DEVEL-
OPMENT PROGRAMS.
(a) AUTHORITY.—Chapter 631 of title 10, United
States Code, is amended by inserting after the item relating
to section 7205 the following new section:
‘‘§ 7206. Submarine safety research and development:
acceptance of services of NATO naval per-
sonnel
‘‘(a) AUTHORITY.—The Secretary of the Navy may,
subject to subsection (e), accept the assignment of one or
more members of the navy of another member country of
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the North Atlantic Treaty Organization to a command of
the Navy for work on the development, standardization, or
interoperability of submarine vessel safety and rescue sys-
tems and procedures if the Secretary determines that doing
so would facilitate the development, standardization, and
interoperability of submarine vessel safety and rescue sys-
tems and procedures for the Navy, the navy of that foreign
country, and any other navy involved in that work.
‘‘(b) RECIPROCITY NOT REQUIRED.—The authority
under subsection (a) is not an exchange program. Recip-
rocal assignments of members of the Navy to a navy of a
foreign country is not a condition for the exercise of such
authority.
‘‘(c) PAYMENT OF PERSONNEL COSTS.—(1) The ac-
ceptance of a member of a navy of a foreign country under
this section is subject to the condition that the government
of that country pay the salary, per diem allowance, subsist-
ence costs, travel costs, cost of language or other training,
and other costs for that member in accordance with the laws
and regulations of such country.
‘‘(2) Paragraph (1) does not apply to the following
costs:
‘‘(A) The cost of temporary duty directed by the
Secretary of the Navy or an officer of the Navy au-
thorized to do so.
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‘‘(B) The cost of a training program conducted
to familiarize, orient, or certify foreign naval per-
sonnel regarding unique aspects of their assignments.
‘‘(C) Any cost incident to the use of the facilities
of the Navy in the performance of assigned duties.
‘‘(d) RELATIONSHIP
TO OTHER AUTHORITY.—The
provisions of this section shall apply to any other authority
that the Secretary of the Navy may exercise, subject to the
concurrence of the Secretary of State, to enter into an agree-
ment with the government of a foreign country to provide
for the assignment of members of the navy of that foreign
country to a Navy submarine safety program. The Sec-
retary of the Navy may prescribe regulations for the appli-
cation of this section in the exercise of such authority.
‘‘(e) TERMINATION OF AUTHORITY.—The Secretary of
the Navy may not accept the assignment of a member of
the navy of a foreign country under this section after Sep-
tember 30, 2008.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 7205 the following new item:
‘‘7206. Submarine safety research and development: acceptance of services of
NATO naval personnel.’’.
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SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF
WAR.
Any plan of the Secretary of Defense to provide com-
pensation to an individual who was injured in a military
prison under the control of the United States in Iraq shall
include a provision to address the injuries suffered by the
17 citizens of the United States who were held as prisoners
of war by the regime of Saddam Hussein during the First
Gulf War.
SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States engaged in military ac-
tion against the Taliban-controlled Government of Af-
ghanistan in 2001 in direct response to the Taliban’s
support and aid to Al Qaeda.
(2) The military action against the Taliban in
Afghanistan was designed, in part, to disrupt the ac-
tivities of, and financial support for, terrorists.
(3) A greater percentage of the world’s opium
supply is now produced in Afghanistan than before
the Taliban banned the cultivation or trade of opium.
(4) In 2004, more than two years after the
Taliban was forcefully removed from power, Afghani-
stan is supplying approximately 75 percent of the
world’s heroin.
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(5) The estimated value of the opium harvested
in Afghanistan in 2003 was $2,300,000,000.
(6) Some of the profits associated with opium
harvested in Afghanistan continue to fund terrorists
and terrorist organizations, including Al Qaeda, that
seek to attack the United States and United States in-
terests.
(7) The global war on terror is and should re-
main our Nation’s highest national security priority.
(8) United States and Coalition counterdrug ef-
forts in Afghanistan have not yet produced significant
results.
(9) There are indications of strong, direct con-
nections between terrorism and drug trafficking.
(10) The elimination of this funding source is
critical to making significant progress in the global
war on terror.
(11) The President of Afghanistan, Hamid
Karzai, has stated that opium production poses a sig-
nificant threat to the future of Afghanistan, and has
established a plan of action to deal with this threat.
(12) The United Nations Office on Drugs and
Crime has reported that Afghanistan is at risk of
again becoming a failed state if strong actions are not
taken against narcotics.
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(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the President should make the substantial re-
duction of drug trafficking in Afghanistan a priority
in the war on terror;
(2) the Secretary of Defense should, in coordina-
tion with the Secretary of State, work to a greater ex-
tent in cooperation with the Government of Afghani-
stan and international organizations involved in
counterdrug activities to assist in providing a secure
environment for counterdrug personnel in Afghani-
stan; and
(3) because the trafficking of narcotics is known
to support terrorist activities and contributes to the
instability of the Government of Afghanistan, addi-
tional efforts should be made by the Armed Forces of
the United States, in conjunction with and in sup-
port of coalition forces, to significantly reduce nar-
cotics trafficking in Afghanistan and neighboring
countries, with particular focus on those trafficking
organizations with the closest links to known terrorist
organizations.
(c) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report that describes—
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(1) progress made towards substantially reduc-
ing the poppy cultivation and heroin production ca-
pabilities in Afghanistan; and
(2) the extent to which profits from illegal drug
activity in Afghanistan fund terrorist organizations
and support groups that seek to undermine the Gov-
ernment of Afghanistan.
SEC. 1057. HUMANE TREATMENT OF DETAINEES.
(a) FINDINGS.—Congress makes the following findings:
(1) After World War II, the United States and
its allies created a new international legal order
based on respect for human rights. One of its funda-
mental tenets was a universal prohibition on torture
and ill treatment.
(2) On June 26, 2003, the International Day in
Support of Victims of Torture, President George W.
Bush stated, ‘‘The United States is committed to the
world-wide elimination of torture and we are leading
this fight by example. I call on all governments to
join with the United States and the community of
law-abiding nations in prohibiting, investigating,
and prosecuting all acts of torture and in under-
taking to prevent other cruel and unusual punish-
ment.’’.
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(3) The United States is a party to the Geneva
Conventions, which prohibit torture, cruel treatment,
or outrages upon personal dignity, in particular,
humiliating and degrading treatment, during armed
conflict.
(4) The United States is a party to 2 treaties
that prohibit torture and cruel, inhuman, or degrad-
ing treatment or punishment, as follows:
(A) The International Covenant on Civil
and Political Rights, done at New York Decem-
ber 16, 1966.
(B) The Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York December 10,
1984.
(5) The United States filed reservations to the
treaties described in subparagraphs (A) and (B) of
paragraph (4) stating that the United States con-
siders itself bound to prevent ‘‘cruel, inhuman or de-
grading treatment or punishment’’ to the extent that
phrase means the cruel, unusual, and inhumane
treatment or punishment prohibited by the 5th
amendment, 8th amendment, or 14th amendment to
the Constitution.
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(6) Army Regulation 190-8 entitled ‘‘Enemy
Prisoners of War, Retained Personnel, Civilian In-
ternees and Other Detainees’’ provides that ‘‘Inhu-
mane treatment is a serious and punishable violation
under international law and the Uniform Code of
Military Justice (UCMJ). . . . All prisoners will re-
ceive humane treatment without regard to race, na-
tionality, religion, political opinion, sex, or other cri-
teria. The following acts are prohibited: murder, tor-
ture, corporal punishment, mutilation, the taking of
hostages, sensory deprivation, collective punishments,
execution without trial by proper authority, and all
cruel and degrading treatment. . . . All persons will be
respected as human beings. They will be protected
against all acts of violence to include rape, forced
prostitution, assault and theft, insults, public curi-
osity, bodily injury, and reprisals of any kind. . . .
This list is not exclusive.’’.
(7) The Field Manual on Intelligence Interroga-
tion of the Department of the Army states that ‘‘acts
of violence or intimidation, including physical or
mental torture, threats, insults, or exposure to inhu-
mane treatment as a means of or an aid to interroga-
tion’’ are ‘‘illegal’’. Such Manual defines ‘‘infliction
of pain through . . . bondage (other than legitimate use
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of restraints to prevent escape)’’, ‘‘forcing an indi-
vidual to stand, sit, or kneel in abnormal positions
for prolonged periods of time’’, ‘‘food deprivation’’,
and ‘‘any form of beating’’ as ‘‘physical torture’’, de-
fines ‘‘abnormal sleep deprivation’’ as ‘‘mental tor-
ture’’, and prohibits the use of such tactics under any
circumstances.
(8) The Field Manual on Intelligence Interroga-
tion of the Department of the Army states that ‘‘Use
of torture and other illegal methods is a poor tech-
nique that yields unreliable results, may damage sub-
sequent collection efforts, and can induce the source to
say what he thinks the interrogator wants to hear.
Revelation of use of torture by U.S. personnel will
bring discredit upon the U.S. and its armed forces
while undermining domestic and international sup-
port for the war effort. It may also place U.S. and
allied personnel in enemy hands at a greater risk of
abuse by their captors.’’.
(b) PROHIBITION ON TORTURE OR CRUEL, INHUMAN,
OR DEGRADING TREATMENT OR PUNISHMENT.—(1) No per-
son in the custody or under the physical control of the
United States shall be subject to torture or cruel, inhuman,
or degrading treatment or punishment that is prohibited
by the Constitution, laws, or treaties of the United States.
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(2) Nothing in this section shall affect the status of
any person under the Geneva Conventions or whether any
person is entitled to the protections of the Geneva Conven-
tions.
(c) RULES, REGULATIONS, AND GUIDELINES.—(1) Not
later than 180 days after the date of enactment of this Act,
the Secretary shall prescribe the rules, regulations, or guide-
lines necessary to ensure compliance with the prohibition
in subsection (b)(1) by the members of the United States
Armed Forces and by any person providing services to the
Department of Defense on a contract basis.
(2) The Secretary shall submit to the congressional de-
fense committees the rules, regulations, or guidelines pre-
scribed under paragraph (1), and any modifications to such
rules, regulations, or guidelines—
(A) not later than 30 days after the effective date
of such rules, regulations, guidelines, or modifica-
tions; and
(B) in a manner and form that will protect the
national security interests of the United States.
(d) REPORT TO CONGRESS.—(1) The Secretary shall
submit, on a timely basis and not less than twice each year,
a report to Congress on the circumstances surrounding any
investigation of a possible violation of the prohibition in
subsection (b)(1) by a member of the Armed Forces or by
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a person providing services to the Department of Defense
on a contract basis.
(2) A report required under paragraph (1) shall be
submitted in a manner and form that—
(A) will protect the national security interests of
the United States; and
(B) will not prejudice any prosecution of an in-
dividual involved in, or responsible for, a violation of
the prohibition in subsection (b)(1).
(e) DEFINITIONS.—In this section:
(1) The term ‘‘cruel, inhuman, or degrading
treatment or punishment’’ means the cruel, unusual,
and inhumane treatment or punishment prohibited
by the 5th amendment, 8th amendment, or 14th
amendment to the Constitution.
(2) The term ‘‘Geneva Conventions’’ means—
(A) the Convention for the Amelioration of
the Condition of the Wounded and Sick in
Armed Forces in the Field, done at Geneva Au-
gust 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of
the Condition of the Wounded, Sick, and Ship-
wrecked Members of Armed Forces at Sea, done
at Geneva August 12, 1949 (6 UST 3217);
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(C) the Convention Relative to the Treat-
ment of Prisoners of War, done at Geneva Au-
gust 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protec-
tion of Civilian Persons in Time of War, done
at Geneva August 12, 1949 (6 UST 3516).
(3) The term ‘‘Secretary’’ means the Secretary of
Defense.
(4) The term ‘‘torture’’ has the meaning given
that term in section 2340 of title 18, United States
Code.
SEC. 1058. UNITED NATIONS OIL-FOR-FOOD PROGRAM.
(a) RESPONSIBILITY OF INSPECTOR GENERAL OF THE
DEPARTMENT
OF DEFENSE
FOR SECURITY
OF DOCU-
MENTS.—(1) The Inspector General of the Department of
Defense, in cooperation with the Director of the Defense
Contract Audit Agency and the Director of the Defense Con-
tract Management Agency, shall ensure, not later than June
30, 2004, the security of all documents relevant to the
United Nations Oil-for-Food Program that are in the pos-
session or control of the Coalition Provisional Authority.
(2) The Inspector General shall—
(A) maintain copies of all such documents in the
United States at the Department of Defense; and
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(B) not later than August 31, 2004, deliver a
complete set of all such documents to the Comptroller
General of the United States.
(b) COOPERATION IN INVESTIGATIONS.—Each head of
an Executive agency, including the Department of State,
the Department of Defense, the Department of the Treasury,
and the Central Intelligence Agency, and the Administrator
of the Coalition Provisional Authority shall, upon a request
in connection with an investigation of the United Nations
Oil-for-Food Program made by the chairman of the Com-
mittee on Foreign Relations, the Committee on Armed Serv-
ices, the Committee on the Judiciary, the Committee on
Governmental Affairs, the Select Committee on Intelligence,
the Permanent Subcommittee on Investigations, or other
committee of the Senate with relevant jurisdiction, prompt-
ly provide to such chairman—
(1) access to any information and documents de-
scribed in subsections (a) or (c) that are under the
control of such agency and responsive to the request;
and
(2) assistance relating to access to and utiliza-
tion of such information and documents.
(c) INFORMATION FROM THE UNITED NATIONS.—(1)
The Secretary of State shall use the voice and vote of the
United States in the United Nations to urge the Secretary-
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General of the United Nations to provide the United States
copies of all audits and core documents related to the
United Nations Oil-for-Food Program.
(2) It is the sense of Congress that, pursuant to section
941(b)(6) of the United Nations Reform Act of 1999 (title
IX of division A of H.R. 3427 of the 106th Congress, as
enacted into law by section 1000(a)(7) of Public Law 106–
113; 113 Stat. 1501A-480), the Comptroller General of the
United States should have full and complete access to finan-
cial data relating to the United Nations, including infor-
mation related to the financial transactions, organization,
and activities of the United Nations Oil-for-Food Program.
(3) The Secretary of State shall facilitate the providing
of access to the Comptroller General to the financial data
described in paragraph (2).
(d) REVIEW OF OIL-FOR-FOOD PROGRAM BY COMP-
TROLLER GENERAL.—(1) The Comptroller General of the
United States shall conduct a review of United States over-
sight of the United Nations Oil-for-Food Program. The
review—
(A) in accordance with Generally Accepted Gov-
ernment Auditing Standards, should not interfere
with any ongoing criminal investigations or inquiries
related to the Oil-for-Food program; and
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‘‘§ 2260. Licensing of intellectual property: retention of
fees
‘‘(a) AUTHORITY.—Under regulations prescribed by
the Secretary of Defense, the Secretary concerned may li-
cense trademarks, service marks, certification marks, and
collective marks owned or controlled by the Secretary con-
cerned and may retain and expend fees received from such
licensing in accordance with this section.
‘‘(b) DESIGNATED MARKS.—The Secretary concerned
shall designate the trademarks, service marks, certification
marks, and collective marks as to which the Secretary exer-
cises the authority to retain licensing fees under this sec-
tion.
‘‘(c) USE OF FEES.—The Secretary concerned shall use
fees retained under this section for purposes as follows:
‘‘(1) For payment of the following costs incurred
by the Secretary:
‘‘(A) Costs of securing trademark registra-
tions.
‘‘(B) Costs of operating the licensing pro-
gram under this section.
‘‘(2) For morale, welfare, and recreation activi-
ties under the jurisdiction of the Secretary, to the ex-
tent (if any) that the total amount of the licensing
fees available under this section for a fiscal year ex-
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ment was critical to the protection, safety, or health of such
member.
(2) A person or entity referred to in this paragraph
is a family member or relative of a member of the Armed
Forces, a non-profit organization, or a community group.
(b) COVERED PROTECTIVE, SAFETY, AND HEALTH
EQUIPMENT.—(1) Subject to paragraph (2), protective,
safety, and health equipment for which reimbursement shall
be made under subsection (a) shall include personal body
armor, collective armor or protective equipment (including
armor or protective equipment for high mobility multi-pur-
pose wheeled vehicles), and items provided through the
Rapid Fielding Initiative of the Army such as the advanced
(on-the-move) hydration system, the advanced combat hel-
met, the close combat optics system, a Global Positioning
System (GPS) receiver, and a soldier intercommunication
device.
(2) Non-military equipment may be treated as protec-
tive, safety, and health equipment for purposes of para-
graph (1) only if such equipment provides protection, safe-
ty, or health benefits, as the case may be, such as would
be provided by equipment meeting military specifications.
(c) LIMITATIONS REGARDING DATE OF PURCHASE OF
EQUIPMENT.—(1) In the case of armor or protective equip-
ment for high mobility multi-purpose wheeled vehicles