H. R. 4200—213
(3) The term ‘‘Department of Defense Field Activity’’ has
the meaning given such term in section 101(a)(12) of such
title.
SEC. 855. REQUIREMENTS RELATING TO SOURCE SELECTION FOR
INTEGRATED SUPPORT OF AERIAL REFUELING AIR-
CRAFT FLEET FOR THE AIR FORCE.
For the selection of a provider of integrated support for the
aerial refueling aircraft fleet in any acquisition of aerial refueling
aircraft for the Air Force, the Secretary of the Air Force shall—
(1) before selecting the provider, perform all analyses
required by law of—
(A) the costs and benefits of—
(i) the alternative of using Federal Government
personnel to provide such support; and
(ii) the alternative of using contractor personnel
to provide such support;
(B) the core logistics requirements;
(C) use of performance-based logistics; and
(D) the length of contract period; and
(2) select the provider in accordance with the procedures
under the provisions of law referred to as the Competition
in Contracting Act.
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Duties and Functions of Department of Defense
Sec. 901. Study of roles and authorities of the Director of Defense Research and
Engineering.
Sec. 902. Change of membership of specified council.
Subtitle B—Space Activities
Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite operations.
Subtitle C—Intelligence-Related Matters
Sec. 921. Two-year extension of authority of the Secretary of Defense to engage in
commercial activities as security for intelligence collection activities
abroad.
Sec. 922. Pilot program on cryptologic service training.
Subtitle D—Other Matters
Sec. 931. Strategic plan for destruction of lethal chemical agents and munitions
stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on identification and inter-
nal transmission of critical information.
Subtitle A—Duties and Functions of Department of Defense
SEC. 901. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF
DEFENSE RESEARCH AND ENGINEERING.
(a) STUDY REQUIRED.—The Secretary of Defense shall carry
out a study of the roles and authorities of the Director of Defense
Research and Engineering.
(b) CONTENT OF STUDY.—The study under subsection (a) shall
include the following:
H. R. 4200—214
(1) An examination of the past and current roles and
authorities 
of 
the 
Director 
of 
Defense 
Research 
and
Engineering.
(2) An analysis to determine appropriate future roles and
authorities for the Director, including an analysis of the fol-
lowing matters:
(A) The relationship of the Director to other senior
science and technology and acquisition officials of the mili-
tary departments and the Defense Agencies
(B) The relationship of the Director to the performance
of the following functions:
(i) The planning, programming, and budgeting of
the science and technology programs of the Department
of Defense, including those of the military departments
and the Defense Agencies.
(ii) The management of Department of Defense
laboratories and technical centers, including the
management of the Federal Government scientific and
technical workforce for such laboratories and centers.
(iii) The promotion of the rapid transition of tech-
nologies to acquisition programs within the Depart-
ment of Defense.
(iv) The promotion of the transfer of technologies
into and from the commercial sector.
(v) The coordination of Department of Defense
science and technology activities with organizations
outside the Department of Defense, including other
Federal Government agencies, international research
organizations, industry, and academia.
(vi) The technical review of Department of Defense
acquisition programs and policies.
(vii) The training and educational activities for
the national scientific and technical workforce.
(viii) The development of science and technology
policies and programs relating to the maintenance of
the national technology and industrial base.
(ix) The development of new technologies in sup-
port of the transformation of the Armed Forces.
(3) An examination of the duties of the Director as the
Chief Technology Officer of the Department of Defense as pre-
scribed by Department of Defense Directive 5134.3, dated
November 3, 2003, especially in comparison to the duties of
similar positions in the Federal Government and industry.
(4) An examination of any other matter that the Secretary
considers appropriate for the study.
(c) REPORT.—(1) Not later than February 1, 2006, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on the results of the study under this section.
(2) The report shall include recommendations regarding the
appropriate roles and authorities that should be assigned and
resources that should be provided to the Director of Defense
Research and Engineering.
(d) ROLE OF DEFENSE SCIENCE BOARD IN STUDY AND REPORT.—
The Secretary shall act through the Defense Science Board in
carrying out the study under subsection (a) and in preparing the
report under subsection (c).
H. R. 4200—215
SEC. 902. CHANGE OF MEMBERSHIP OF SPECIFIED COUNCIL.
(a) MEMBERSHIP OF COUNCIL UNDER SECTION 179.—Subsection
(a) of section 179 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4) The Under Secretary of Defense for Policy.’’.
(b) CONFORMING
AND CLARIFYING AMENDMENTS.—Such sub-
section is further amended in the matter preceding paragraph (1)—
(1) by striking ‘‘Joint’’; and
(2) by striking ‘‘composed of three members as follows:’’
and inserting ‘‘operated as a joint activity of the Department
of Defense and the Department of Energy. The membership
of the Council is comprised of the following officers of those
departments:’’.
(c) OTHER TECHNICAL
AND CLARIFYING AMENDMENTS.—Such
section is further amended as follows:
(1) Subsection (c)(3)(B) is amended by striking ‘‘appointed’’
and inserting ‘‘designated’’.
(2) Subsection (e) is amended by striking ‘‘In addition’’
and all that follows through ‘‘also’’ and inserting ‘‘The Council
shall’’.
(3) Subsection (f) is amended by striking ‘‘Committee on’’
the first place it appears and all that follows through ‘‘Rep-
resentatives’’ and inserting ‘‘congressional defense committees’’.
(d) STYLISTIC AMENDMENTS.—Such section is further amended
as follows:
(1) Subsection (a) is amended by inserting ‘‘ESTABLISHMENT;
MEMBERSHIP.—’’ after ‘‘(a)’’.
(2) Subsection (b) is amended by inserting ‘‘CHAIRMAN;
MEETINGS.—’’ after ‘‘(b)’’.
(3) Subsection (c) is amended by inserting ‘‘STAFF
AND
ADMINISTRATIVE SERVICES; STAFF DIRECTOR.—’’ after ‘‘(c)’’.
(4) Subsection (d) is amended by inserting ‘‘RESPONSIBIL-
ITIES.—’’ after ‘‘(d)’’.
(5) Subsection (e) is amended by inserting ‘‘REPORT ON
DIFFICULTIES RELATING
TO SAFETY
OR RELIABILITY.—’’ after
‘‘(e)’’.
(6) Subsection (f) is amended by inserting ‘‘ANNUAL
REPORT.—’’ after ‘‘(f)’’.
(e) FURTHER CONFORMING AMENDMENTS.—Section 3212(e) of
the National Nuclear Security Administration Act (50 U.S.C.
2402(e)) is amended—
(1) by striking ‘‘JOINT’’ in the subsection heading; and
(2) by striking ‘‘Joint’’.
Subtitle B—Space Activities
SEC. 911. SPACE POSTURE REVIEW.
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to
clarify the national security space policy and strategy of the United
States for the near term, the Secretary of Defense shall conduct
a comprehensive review of the space posture of the United States
over the posture review period.
(b) ELEMENTS OF REVIEW.—The review conducted under sub-
section (a) shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives for
each of the following:
(A) Space situational awareness.
H. R. 4200—216
(B) Space control.
(C) Space superiority, including defensive and offensive
counterspace.
(D) Force enhancement and force application.
(E) Space-based intelligence, surveillance, and recon-
naissance from space.
(F) Any other matter the Secretary considers relevant
to understanding the United States space posture.
(2) Current and planned space acquisition programs that
are in acquisition categories 1 and 2, including how each such
program will address the policy, requirements, and objectives
described under each of subparagraphs (A) through (F) of para-
graph (1).
(3) Future space systems and technology development
(other than those in development as of the date of the enact-
ment of this Act) necessary to address the policy, requirements,
and objectives described under each of subparagraphs (A)
through (F) of paragraph (1).
(4) The relationship among—
(A) United States military space policy;
(B) national security space policy;
(C) national security space objectives; and
(D) arms control policy.
(5) Effect of United States military and national security
space policy on the proliferation of weapons capable of targeting
objects in space or objects on Earth from space.
(c) REPORTS.—(1) Not later than March 15, 2005, the Secretary
of Defense shall submit to the congressional committees specified
in paragraph (4) an interim report on the review conducted under
subsection (a).
(2) Not later than December 31, 2005, the Secretary shall
submit to those committees a final report on that review.
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
(4) The reports under this subsection shall be submitted to
the Committee on Armed Services and the Select Committee on
Intelligence of the Senate and the Committee on Armed Services
and the Permanent Select Committee on Intelligence of the House
of Representatives.
(d) JOINT UNDERTAKING WITH
THE DIRECTOR
OF CENTRAL
INTELLIGENCE (OR SUCCESSOR).—The Secretary of Defense shall
conduct the review under this section, and shall submit the reports
under subsection (c), jointly with the Director of Central Intelligence
(or any successor official who has responsibility for management
of the intelligence community).
(e) POSTURE REVIEW PERIOD.—In this section, the term ‘‘posture
review period’’ means the 10-year period beginning on the first
day of the first month beginning more than one year after the
date of the enactment of this Act.
SEC. 912. PANEL ON THE FUTURE OF NATIONAL SECURITY 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 national security space launch
requirements of the United States, including means of meeting
those requirements.
H. R. 4200—217
(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.
(C) Satellite and satellite payloads.
(D) State and national launch complexes.
(E) Space launch economics.
(2) The federally funded research and development center shall
establish appropriate procedures for the administration 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 assess-
ment of the future national security space launch requirements
of the United States, including the means of meeting those require-
ments.
(2) The review and assessment shall take into account the
following matters:
(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.
(D) Payloads, including the implications of payloads 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 national security
space launch requirements over each of the 5-year, 10-year, and
15-year periods beginning with 2005.
(d) INFORMATION FROM FEDERAL
AND STATE AGENCIES.—(1)
The panel may secure directly from the Department of Defense,
from any other department or agency of the Federal Government,
and any State government 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 congressional defense
committees, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House
H. R. 4200—218
of Representatives a report on the results of the review and assess-
ment under subsection (c). The report shall include—
(1) the findings and conclusions of the panel on the future
national security space launch requirements of the United
States, including means of meeting such requirements;
(2) the assessment of panel, and any recommendations
of the panel, on—
(A) launch operational concepts and architectures;
(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 national security space launch require-
ments of the United States.
(f) TERMINATION.—The panel shall terminate 16 months after
the date of the first meeting of the panel under subsection (b)(4).
(g) FUNDING.—Amounts authorized to be appropriated to the
Department of Defense shall be available to the Secretary of Defense
for purposes of the contract required by subsection (a).
SEC. 913. OPERATIONALLY RESPONSIVE NATIONAL SECURITY SAT-
ELLITES.
(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
and buses: separate program element required
‘‘(a) REQUIREMENT FOR PROGRAM ELEMENT.—The Secretary of
Defense shall ensure that, within budget program elements for
space programs of the Department of Defense, there is a separate,
dedicated program element for operationally responsive national
security payloads and buses of the Department of Defense for
space satellites and that programs and activities for such payloads
and buses are planned, programmed, and budgeted for through
that program element.
‘‘(b) MANAGEMENT AUTHORITY.—The Secretary of Defense shall
assign management authority for the program element required
under subsection (a) to the Director of the Office of Force Trans-
formation of the Department of Defense.
‘‘(c) DEFINITION OF OPERATIONALLY RESPONSIVE.—In this sec-
tion, the term ‘operationally responsive’, with respect to a national
security payload and bus for a space satellite, means an experi-
mental or operational payload and bus with a weight 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 capabilities at the
operational and tactical levels of warfare.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2273
the following new item:
‘‘2273a. Operationally responsive national security payloads and buses: separate
program element required.’’.
(b) TIME FOR IMPLEMENTATION.—Subsection (a) of section 2273a
of title 10, United States Code, as added by subsection (a), shall
apply with respect to fiscal years after fiscal year 2005.
H. R. 4200—219
SEC. 914. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL
SATELLITE OPERATIONS.
(a) MANDATORY DISCLOSURE REQUIREMENTS INAPPLICABLE.—
The requirements to make information available under section 552
of title 5, United States Code, shall not apply to land remote
sensing information.
(b) LAND REMOTE SENSING INFORMATION DEFINED.—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 United States Govern-
ment-approved customers for reasons of national security
pursuant to the terms of an operating license issued pursu-
ant to 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 and which is prohibited from sale to customers
other than the United States Government and United States
Government-approved customers for reasons of national secu-
rity pursuant to the terms of an operating license described
in paragraph (1)(B).
(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, local, or tribal government may
not be made available to the general public under any State, local,
or tribal law relating to the disclosure of information or records.
(d) SAFEGUARDING INFORMATION.—The head of each department
or agency of the United States having land remote sensing informa-
tion within that department or agency or providing such information
to a State, local, or tribal government shall take such actions,
commensurate with the sensitivity of that information, as are nec-
essary to protect that information from disclosure other than in
accordance with this section and other applicable law.
(e) ADDITIONAL DEFINITION.—In this section, the term ‘‘land
remote sensing’’ has the meaning given such term in section 3
of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).
(f) DISCLOSURE TO CONGRESS.—Nothing in this section shall
be construed to authorize the withholding of information from the
appropriate committees of Congress.
Subtitle C—Intelligence-Related Matters
SEC. 921. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY
OF DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES
AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVI-
TIES ABROAD.
Section 431(a) of title 10, United States Code, is amended
by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2006’’.
SEC. 922. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.
(a) PROGRAM AUTHORIZED.—The Director of the National Secu-
rity Agency may carry out a pilot program on cryptologic service
training for the intelligence community.
(b) OBJECTIVE OF PROGRAM.—The objective of the pilot program
is to increase the number of qualified entry-level language analysts
H. R. 4200—220
and intelligence analysts available to the National Security Agency
and the other elements of the intelligence community through the
directed preparation and recruitment of qualified entry-level lan-
guage analysts and intelligence analysts who commit to a period
of service or a career in the intelligence community.
(c) PROGRAM SCOPE.—The pilot program shall be national in
scope.
(d) PROGRAM PARTICIPANTS.—(1) Subject to the provisions of
this subsection, the Director shall select the participants in the
pilot program from among individuals qualified to participate in
the pilot program utilizing such procedures as the Director considers
appropriate for purposes of the pilot program.
(2) Each individual who receives financial assistance under
the pilot program shall perform one year of obligated service with
the National Security Agency, or another element of the intelligence
community approved by the Director, for each academic year for
which such individual receives such financial assistance upon such
individual’s completion of post-secondary education.
(3) Each individual selected to participate in the pilot program
shall be qualified for a security clearance appropriate for the indi-
vidual under the pilot program.
(4) The total number of participants in the pilot program at
any one time may not exceed 400 individuals.
(e) PROGRAM MANAGEMENT.—In carrying out the pilot program,
the Director shall—
(1) identify individuals interested in working in the intel-
ligence community, and committed to taking college-level
courses that will better prepare them for a career in the intel-
ligence community as a language analyst or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program—
(A) financial assistance for the pursuit of courses at
institutions of higher education selected by the Director
in fields of study that will qualify such individual for
employment by an element of the intelligence community
as a language analyst or intelligence analyst; and
(B) educational counseling on the selection of courses
to be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) DURATION OF PROGRAM.—(1) The Director shall terminate
the pilot program not later than six years after the date of the
enactment of this Act.
(2) The termination of the pilot program under paragraph (1)
shall not prevent the Director from continuing to provide assistance,
counseling, and information under subsection (e) to individuals
who are participating in the pilot program on the date of termi-
nation of the pilot program throughout the academic year in
progress as of that date.
H. R. 4200—221
Subtitle D—Other Matters
SEC. 931. STRATEGIC PLAN FOR DESTRUCTION OF LETHAL CHEMICAL
AGENTS AND MUNITIONS STOCKPILE.
Subsection (d) of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), is amended to read as
follows:
‘‘(d) REQUIREMENT FOR STRATEGIC PLAN.—(1) The Under Sec-
retary of Defense for Acquisition, Technology, and Logistics and
the Secretary of the Army shall jointly prepare, and from time
to time shall update as appropriate, a strategic plan for future
activities for destruction of the United States’ stockpile of lethal
chemical agents and munitions.
‘‘(2) The plan shall include, at a minimum, the following consid-
erations:
‘‘(A) Realistic budgeting for stockpile destruction and
related support programs.
‘‘(B) Contingency planning for foreseeable or anticipated
problems.
‘‘(C) A management approach and associated actions that
address compliance with the obligations of the United States
under the Chemical Weapons Convention treaty and that take
full advantage of opportunities to accelerate destruction of the
stockpile.
‘‘(3) The Secretary of Defense shall each year submit to the
Committee on the Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives the strategic
plan as most recently prepared and updated under paragraph (1).
Such submission shall be made each year at the time of the submis-
sion to the Congress that year of the President’s budget for the
next fiscal year.’’.
SEC. 932. SECRETARY OF DEFENSE CRITERIA FOR AND GUIDANCE
ON IDENTIFICATION AND INTERNAL TRANSMISSION OF
CRITICAL INFORMATION.
(a) CRITERIA FOR CRITICAL INFORMATION.—(1) The Secretary
of Defense shall establish criteria for determining categories of
critical information that should be made known expeditiously to
senior civilian and military officials in the Department of Defense.
Those categories should be limited to matters of extraordinary
significance and strategic impact to which rapid access by those
officials is essential to the successful accomplishment of the national
security strategy or a major military mission. The Secretary may
from time to time modify the list to suit the current strategic
situation.
(2) The Secretary shall provide the criteria established under
paragraph (1) to the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, the commanders of the
unified and specified commands, the commanders of deployed forces,
and such other elements of the Department of Defense as the
Secretary considers necessary.
(b) MATTERS TO BE INCLUDED.—The criteria established under
subsection (a) shall include, at a minimum, requirement for identi-
fication of the following:
(1) Any incident that may result in a contingency operation,
based on the incident’s nature, gravity, or potential for signifi-
cant adverse consequences to United States citizens, military
H. R. 4200—222
personnel, interests, or assets, including an incident that could
result in significant adverse publicity having a major strategic
impact.
(2) Any event, development, or situation that could be
reasonably assumed to escalate into an incident described in
paragraph (1).
(3) Any deficiency or error in policy, standards, or training
that could be reasonably assumed to have the effects described
in paragraph (1).
(c) REQUIREMENTS FOR TRANSMISSION OF CRITICAL INFORMA-
TION.—The criteria under subsection (a) shall include such require-
ments for transmission of such critical information to such senior
civilian and military officials of the Department of Defense as
the Secretary of Defense considers appropriate.
(d) TIME FOR ISSUANCE OF CRITERIA.—The Secretary of Defense
shall establish the criteria required by subsection (a) not later
than 120 days after the date of the enactment of this Act.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal
year 2005.
Sec. 1003. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of medical coun-
termeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a National Institute of
Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on net-cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy service craft
and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy ship construc-
tion program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.
Subtitle C—Counterdrug Matters
Sec. 1021. Use of funds for unified counterdrug and counterterrorism campaign in
Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts in Afghani-
stan.
Subtitle D—Matters Relating to Museums and Commemorations
Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as
America’s National World War I Museum.
Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and financial support
for military museums.
Subtitle E—Reports
Sec. 1041. Quarterly detailed accounting for operations conducted as part of the
Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation Iraqi Free-
dom.
Sec. 1043. Report on training provided to members of the Armed Forces to prepare
for post-conflict operations.
H. R. 4200—223
Sec. 1044. Report on establishing National Centers of Excellence for unmanned
aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for ballistic mis-
sile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning of mate-
riel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America and the
Caribbean.
Subtitle F—Defense Against Terrorism and Other Domestic Security
Matters
Sec. 1051. Acceptance of communications equipment provided by local public safety
agencies.
Sec. 1052. Determination and report on full-time airlift support for homeland de-
fense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or biological con-
tamination.
Subtitle G—Personnel Security Matters
Sec. 1061. Use of National Driver Register for personnel security investigations and
determinations.
Sec. 1062. Standards for disqualification from eligibility for Department of Defense
security clearance.
Subtitle H—Transportation-Related Matters
Sec. 1071. Use of military aircraft to transport mail to and from overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions relating to control
and supervision of transportation within the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to transportation of secu-
rity-sensitive cargo.
Subtitle I—Other Matters
Sec. 1081. Liability protection for Department of Defense volunteers working in
maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to the United
States of the remains of deceased members of the Armed Forces from
overseas.
Sec. 1083. Transfer of historic F3A–1 Brewster Corsair aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal Govern-
ment.
Sec. 1086. Acquisition of aerial firefighting equipment for National Interagency
Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of higher edu-
cation as Hispanic-serving institutions for purposes of certain grants
and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors supporting defense
missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by the United
States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist Joseph
Darby.
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2005 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available
for the same purposes as the authorization to which transferred.
H. R. 4200—224
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,500,000,000.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2005.
(a) FISCAL YEAR 2005 LIMITATION.—The total amount contrib-
uted by the Secretary of Defense in fiscal year 2005 for the common-
funded budgets of NATO may be any amount up to, but not in
excess of, the amount specified in subsection (b) (rather than the
maximum amount that would otherwise be applicable to those
contributions under the fiscal year 1998 baseline limitation).
(b) TOTAL AMOUNT.—The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end
of fiscal year 2004, of funds appropriated for fiscal years before
fiscal year 2005 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to
be made under section 2501.
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions
for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $756,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $222,492,000
for the Military Budget.
(d) DEFINITIONS.—For purposes of this section:
(1) 
COMMON-FUNDED
BUDGETS
OF
NATO.—The 
term
‘‘common-funded budgets of NATO’’ means the Military Budget,
the Security Investment Program, and the Civil Budget of
the North Atlantic Treaty Organization (and any successor
or additional account or program of NATO).
(2) FISCAL
YEAR
1998
BASELINE
LIMITATION.—The term
‘‘fiscal year 1998 baseline limitation’’ means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the Senate
giving the advice and consent of the Senate to the ratification
of the Protocols to the North Atlantic Treaty of 1949 on the
Accession of Poland, Hungary, and the Czech Republic (as
H. R. 4200—225
defined in section 4(7) of that resolution), approved by the
Senate on April 30, 1998.
SEC. 1003. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND
MAINTENANCE.
(a) IN GENERAL.—(1) Chapter 9 of title 10, United States Code,
is amended by adding after section 232, as added by section 214(a),
the following new section:
‘‘§ 233. Operation and maintenance budget presentation
‘‘(a) IDENTIFICATION OF BASELINE AMOUNTS IN O&M JUSTIFICA-
TION DOCUMENTS.—In any case in which the amount requested
in the President’s budget for a fiscal year for a Department of
Defense operation and maintenance program, project, or activity
is different from the amount appropriated for that program, project,
or activity for the current year, the O&M justification documents
supporting that budget shall identify that appropriated amount
and the difference between that amount and the amount requested
in the budget, stated as an amount and as a percentage.
‘‘(b) NAVY
FOR SHIP DEPOT MAINTENANCE
AND
FOR INTER-
MEDIATE SHIP MAINTENANCE.—In the O&M justification documents
for the Navy for any fiscal year, amounts requested for ship depot
maintenance and amounts requested for intermediate ship mainte-
nance shall be identified and distinguished.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘O&M justification documents’ means Depart-
ment of Defense budget justification documents with respect
to accounts for operation and maintenance submitted to the
congressional defense committees in support of the Department
of Defense component of the President’s budget for any fiscal
year.
‘‘(2) The term ‘President’s budget’ means the budget of
the President submitted to Congress under section 1105 of
title 31 for any fiscal year.
‘‘(3) The term ‘current year’ means the fiscal year during
which the President’s budget is submitted in any year.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 232, as
added by section 214(b), the following new item:
‘‘233. Operation and maintenance budget presentation.’’.
(b) COMPONENTS OF LINE ITEMS FOR OTHER COSTS AND OTHER
CONTRACTS.—Not later than March 1, 2005, the Secretary of
Defense shall submit to the congressional defense committees a
report setting forth the component elements of the line items identi-
fied as ‘‘Other Costs’’ and ‘‘Other Contracts’’ in the exhibit identified
as ‘‘Summary of Price and Program Changes’’ in the budget justifica-
tion materials submitted to those committees in support of the
budget for fiscal year 2006.
SEC. 1004. LICENSING OF INTELLECTUAL PROPERTY.
(a) AUTHORITY.—Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2260. Licensing of intellectual property: retention of fees
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary
of Defense, the Secretary concerned may license trademarks, service
H. R. 4200—226
marks, certification marks, and collective marks owned or controlled
by the Secretary concerned and may retain and expend fees received
from such licensing in accordance with this section.
‘‘(b) DESIGNATED MARKS.—The Secretary concerned shall des-
ignate the trademarks, service marks, certification marks, and
collective marks regarding which the Secretary will exercise the
authority to retain licensing fees under this section.
‘‘(c) USE
OF FEES.—The Secretary concerned shall use fees
retained under this section for the following purposes:
‘‘(1) For payment of the following costs incurred by the
Secretary:
‘‘(A) Costs of securing trademark registrations.
‘‘(B) Costs of operating the licensing program under
this section.
‘‘(2) For morale, welfare, and recreation activities under
the jurisdiction of the Secretary, to the extent (if any) that
the total amount of the licensing fees available under this
section for a fiscal year exceed the total amount needed for
such fiscal year under paragraph (1).
‘‘(d) AVAILABILITY.—Fees received in a fiscal year and retained
under this section shall be available for obligation in such fiscal
year and the following two fiscal years.
‘‘(e) DEFINITIONS.—In this section, the terms ‘trademark’,
‘service mark’, ‘certification mark’, and ‘collective mark’ have the
meanings given such terms in section 45 of the Act of July 5,
1946 (commonly referred to as the Trademark Act of 1946; 15
U.S.C. 1127).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘2260. Licensing of intellectual property: retention of fees.’’.
SEC. 
1005. 
REPEAL 
OF 
FUNDING 
RESTRICTIONS 
CONCERNING
DEVELOPMENT 
OF 
MEDICAL 
COUNTERMEASURES
AGAINST BIOLOGICAL WARFARE THREATS.
(a) REPEAL.—Section 2370a of title 10, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 139 of such title is amended by striking the item
relating to that section.
SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOR-
EIGN CURRENCY FLUCTUATIONS.
(a) SECRETARY
OF
DEFENSE
REPORT.—(1) Not later than
December 1, 2004, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the foreign currency exchange rate projection used in annual
Department of Defense budget presentations.
(2) In the report under paragraph (1), the Secretary shall—
(A) identify alternative approaches for selecting foreign
currency exchange rates that would produce more realistic esti-
mates of amounts required to be appropriated or otherwise
made available for the Department of Defense to accommodate
foreign currency exchange rate fluctuations;
(B) discuss the advantages and disadvantages of each
approach identified pursuant to subparagraph (A); and