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the General Counsel of the Army) in the performance 
of their duties; 
‘‘(3) shall direct and supervise the performance 
of duties under chapter 47 of this title (the Uniform 
Code of Military Justice) by any member of the 
Army; 
‘‘(4) shall receive, revise, and have recorded the 
proceedings of courts of inquiry and military com-
missions; and 
‘‘(5) shall perform such other legal duties as may 
be directed by the Secretary of the Army. 
‘‘(d) POSITION OF ASSISTANT JUDGE ADVOCATE GEN-
ERAL.—There is an Assistant Judge Advocate General in 
the Army, who is appointed by the President, by and with 
the advice and consent of the Senate, from officers of the 
Army who have the qualifications prescribed in subsection 
(b) for the Judge Advocate General. The term of office of 
the Assistant Judge Advocate General is four years, but 
may be sooner terminated or extended by the President. An 
officer appointed as Assistant Judge Advocate General who 
holds a lower regular grade shall be appointed in the reg-
ular grade of major general. 
‘‘(e) APPOINTMENTS RECOMMENDED BY SELECTION 
BOARDS.—Under regulations prescribed by the Secretary of 
Defense, the Secretary of the Army, in selecting an officer
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for recommendation to the President under subsection (a) 
for appointment as the Judge Advocate General or under 
subsection (d) for appointment as the Assistant Judge Advo-
cate General, shall ensure that the officer selected is rec-
ommended by a board of officers that, insofar as prac-
ticable, is subject to the procedures applicable to selection 
boards convened under chapter 36 of this title.’’. 
(B) The item relating to such section in the table of 
sections at the beginning of chapter 305 of such title is 
amended to read as follows: 
‘‘3037. Judge Advocate General, Assistant Judge Advocate General: appointment; 
duties.’’. 
(b) DEPARTMENT OF THE NAVY.—(1) Section 5019(b) 
of title 10, United States Code, is amended by striking ‘‘The 
General Counsel’’ and inserting ‘‘Subject to sections 806 
and 5148 of this title, the General Counsel’’. 
(2) Section 5148 of such title is amended— 
(A) in subsection (b), by striking the fourth sen-
tence and inserting the following: ‘‘The Judge Advo-
cate General, while so serving, has the grade of vice 
admiral or lieutenant general, as appropriate.’’; and 
(B) by striking subsection (d) and inserting the 
following: 
‘‘(d) The Judge Advocate General, in addition to other 
duties prescribed by law—
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‘‘(1) is the legal adviser of the Secretary of the 
Navy, the Chief of Naval Operations, and all offices, 
bureaus, and agencies of the Department of the Navy; 
‘‘(2) shall direct and supervise the judge advo-
cates of the Navy and the Marine Corps and civilian 
attorneys employed by the Department of the Navy 
(other than those assigned or detailed to the Office of 
the General Counsel of the Navy) in the performance 
of their duties; 
‘‘(3) shall direct and supervise the performance 
of duties under chapter 47 of this title (the Uniform 
Code of Military Justice) by any member of the Navy 
or Marine Corps; 
‘‘(4) shall receive, revise, and have recorded the 
proceedings of courts of inquiry and military com-
missions; and 
‘‘(5) shall perform such other legal duties as may 
be directed by the Secretary of the Navy.’’. 
(c) DEPARTMENT OF THE AIR FORCE.—(1) Section 
8019(b) of title 10, United States Code, is amended by strik-
ing ‘‘The General Counsel’’ and inserting ‘‘Subject to sec-
tions 806 and 8037 of this title, the General Counsel’’. 
(2) Section 8037 of such title is amended— 
(A) in subsection (a), by striking the third sen-
tence and inserting the following: ‘‘The Judge Advo-
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cate General, while so serving, has the grade of lieu-
tenant general.’’; and 
(B) in subsection (c)— 
(i) by striking ‘‘General shall,’’ in the mat-
ter preceding paragraph (1) and inserting ‘‘Gen-
eral,’’; 
(ii) by redesignating paragraphs (1) and 
(2) as paragraphs (4) and (5), respectively, and, 
in each such paragraph, by inserting ‘‘shall’’ be-
fore the first word; and 
(iii) by inserting after paragraph (1) the 
following new paragraphs: 
‘‘(1) is the legal adviser of the Secretary of the 
Air Force, the Chief of Staff of the Air Force, and the 
Air Staff, and of all offices and agencies of the De-
partment of the Air Force; 
‘‘(2) shall direct and supervise the members of 
the Air Force designated as judge advocates and civil-
ian attorneys employed by the Department of the Air 
Force (other than those assigned or detailed to the Of-
fice of the General Counsel of the Air Force) in the 
performance of their duties; 
‘‘(3) shall direct and supervise the performance 
of duties under chapter 47 of this title (the Uniform
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Code of Military Justice) by any member of the Air 
Force;’’. 
(d) EXCLUSION FROM LIMITATION ON GENERAL AND 
FLAG OFFICER DISTRIBUTION.—Section 525(b) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(9) An officer while serving as the Judge Advocate 
General of the Army, the Judge Advocate General of the 
Navy, or the Judge Advocate General of the Air Force is 
in addition to the number that would otherwise be per-
mitted for that officer’s armed force for officers serving on 
active duty in grades above major general or rear admiral 
under paragraph (1) or (2), as the case may be.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) 
Upon determination 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.
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(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this section may 
not exceed $3,000,000,000. 
(b) LIMITATIONS.—The authority provided by this sec-
tion 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 trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized 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 sub-
section (a). 
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM-
MON-FUNDED BUDGETS IN FISCAL YEAR 2005. 
(a) FISCAL
YEAR
2005 LIMITATION.—The total 
amount contributed 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 speci-
fied in subsection (b) (rather than the maximum amount
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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 author-
ized to be made under section 2501. 
(c) AUTHORIZED AMOUNTS.—Amounts authorized to 
be appropriated 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 Or-
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ganization (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 giv-
ing the advice and consent of the Senate to the ratifi-
cation of the Protocols to the North Atlantic Treaty 
of 1949 on the Accession of Poland, Hungary, and the 
Czech Republic (as defined in section 4(7) of that res-
olution), approved by the Senate on April 30, 1998. 
SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE 
TO INFLATION SAVINGS. 
(a) REDUCTION.—The total amount authorized to be 
appropriated by titles I, II, and III is the amount equal 
to the sum of the individual authorizations in those titles 
reduced by $1,670,000,000. 
(b) SOURCE
OF SAVINGS.—Reductions required in 
order to comply with subsection (a) shall be derived from 
savings resulting from lower-than-expected inflation as a 
result of the annual review of the budget conducted by the 
Office of Management and Budget.
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(c) ALLOCATION OF REDUCTION.—The Secretary of 
Defense shall allocate the reduction required by subsection 
(a) among the accounts in titles I, II, and III to reflect 
the extent to which net inflation savings are available in 
those accounts. 
SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MAN-
AGEMENT. 
(a) REQUIREMENT FOR DEFENSE BUSINESS ENTER-
PRISE ARCHITECTURE AND TRANSITION PLAN.—(1) Not 
later than September 30, 2005, the Secretary of Defense 
shall develop— 
(A) a defense business enterprise architecture 
covering all defense business systems of the Depart-
ment of Defense and the functions and activities sup-
ported by such systems that— 
(i) is sufficiently defined to effectively 
guide, constrain, and permit implementation of 
interoperable business system solutions; and 
(ii) is consistent with the applicable policies 
and procedures prescribed by the Director of the 
Office of Management and Budget; and 
(B) a transition plan for implementing the de-
fense business enterprise architecture.
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(2) In carrying out paragraph (1), the Secretary shall 
act through the Defense Business Systems Management 
Committee established under subsection (h). 
(b) COMPOSITION OF ENTERPRISE ARCHITECTURE.— 
The defense business enterprise architecture developed under 
subsection (a)(1)(A) shall include the following: 
(1) An information infrastructure that, at a 
minimum, would enable the Department of Defense 
to— 
(A) comply with all Federal accounting, fi-
nancial management, and reporting require-
ments; 
(B) routinely produce timely, accurate, and 
reliable financial information for management 
purposes; 
(C) integrate budget, accounting, and pro-
gram information and systems; and 
(D) provide for the systematic measurement 
of performance, including the ability to produce 
timely, relevant, and reliable cost information. 
(2) Policies, procedures, data standards, and sys-
tem interface requirements that are to apply uni-
formly throughout the Department of Defense.
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(c) COMPOSITION
OF TRANSITION PLAN.—(1) The 
transition plan developed under subsection (a)(1)(B) shall 
include the following: 
(A) The acquisition strategy for new systems 
that are expected to be needed to complete the defense 
business enterprise architecture. 
(B) A listing of the defense business systems as 
of December 2, 2002 (known as ‘‘legacy systems’’), 
that will not be part of the objective defense business 
enterprise architecture, together with the schedule for 
terminating those legacy systems that provides for re-
ducing the use of those legacy systems in phases. 
(C) A listing of the legacy systems (referred to in 
subparagraph (B)) that will be a part of the objective 
defense business system, together with a strategy for 
making the modifications to those systems that will be 
needed to ensure that such systems comply with the 
defense business enterprise architecture. 
(2) Each of the strategies under paragraph (1) shall 
include specific time-phased milestones, performance 
metrics, and a statement of the financial and nonfinancial 
resource needs. 
(d) CONDITIONS FOR USE OF FUNDS FOR DEFENSE 
BUSINESS SYSTEM MODERNIZATION.—(1) After September 
30, 2005, an officer or employee of the United States may
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not obligate or expend an amount in excess of $1,000,000 
for a defense business system modernization unless the Sec-
retary of Defense or the official delegated authority for the 
system covered by such modernization under subsection (e) 
has determined in writing that such defense business system 
modernization— 
(A) is consistent with the defense business enter-
prise architecture and transition plan developed 
under subsection (a); or 
(B) is necessary to— 
(i) achieve a critical national security ca-
pability or address a critical requirement in an 
area such as safety or security; or 
(ii) prevent a significant adverse effect on a 
project that is needed to achieve an essential ca-
pability, taking into consideration the alter-
native solutions for preventing such adverse ef-
fect. 
(2) A violation of paragraph (1) is a violation of sec-
tion 1341(a)(1)(A) of title 31, United States Code. 
(e) ACCOUNTABILITY FOR DEFENSE BUSINESS SYS-
TEMS.—The Secretary of Defense shall delegate authority 
for the planning, design, acquisition, development, deploy-
ment, operation, maintenance, modernization, and over-
sight of defense business systems as follows:
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(1) To the Under Secretary of Defense for Acqui-
sition, Technology, and Logistics, for— 
(A) defense business systems the primary 
purpose of which is to support acquisition activi-
ties in the Department of Defense; 
(B) defense business systems the primary 
purpose of which is to support logistics activities 
in the Department of Defense; and 
(C) defense business systems the primary 
purpose of which is to support installations and 
environment activities in the Department of De-
fense. 
(2) To the Under Secretary of Defense (Comp-
troller) and Chief Financial Officer, for— 
(A) defense business systems the primary 
purpose of which is to support financial manage-
ment activities in the Department of Defense; 
and 
(B) defense business systems the primary 
purpose of which is to support strategic planning 
and budgeting activities in the Department of 
Defense. 
(3) To the Under Secretary of Defense for Per-
sonnel and Readiness, for defense business systems the 
primary purpose of which is to support human re-
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source management activities in the Department of 
Defense. 
(4) To the Assistant Secretary of Defense (Net-
works and Information Integration) and Chief Infor-
mation Officer, for defense business systems the pri-
mary purpose of which is to support information 
technology infrastructure and information assurance 
activities of the Department of Defense. 
(5) To the Deputy Secretary of Defense or an 
Under Secretary of Defense, as designated by the Sec-
retary of Defense, for defense business systems the pri-
mary purpose of which is to support any activity of 
the Department of Defense not described in another 
paragraph of this subsection. 
(f) DEFENSE BUSINESS SYSTEM INVESTMENT RE-
VIEW.—(1) The Secretary of Defense shall require each offi-
cial to whom authority is delegated under subsection (e) to 
establish an investment review process to review the plan-
ning, design, acquisition, development, deployment, oper-
ation, maintenance, and modernization of all defense busi-
ness systems covered by the authority so delegated to that 
official, and to analyze project cost benefits and risks of 
such systems. 
(2) Each investment review process established under 
paragraph (1) shall be consistent with the requirements of
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section 11312 of title 40, United States Code, and shall in-
clude the following features: 
(A) An investment review board composed of ap-
propriate officials from among the Armed Forces, 
combatant commands, the Joint Staff, and Defense 
Agencies. 
(B) Review and approval, by the investment re-
view board, of each defense business system as an in-
vestment before the obligation or expenditure of funds 
on such system. 
(C) Periodic review of each defense business sys-
tem investment not less often than annually. 
(D) Use of threshold criteria to ensure that each 
defense business system investment, and that account-
ability for each defense business system investment, is 
reviewed at a level of review within the Department 
of Defense that is appropriate for the scope, com-
plexity, and cost of the investment. 
(E) Procedures for making determinations in ac-
cordance with the requirements of subsection (d). 
(g) DEFENSE
BUSINESS
SYSTEMS
BUDGET
EX-
HIBIT.—For each budget for a fiscal year after fiscal year 
2005 that the President submits to Congress under section 
1105(a) of title 31, United States Code, the Secretary of 
Defense shall include in the documentation on major func-
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tional category 050 (National Defense) that the Secretary 
submits to the congressional defense committees in support 
of such budget a defense business systems budget exhibit that 
includes the following information: 
(1) Identification of each defense business system 
for which funding is proposed in that budget. 
(2) Identification of all funds, by appropriation, 
proposed in that budget for each such system, includ-
ing— 
(A) funds for current services (to operate 
and maintain the system); and 
(B) funds for business systems moderniza-
tion, identified for each specific appropriation. 
(3) For each such system, identification of the of-
ficial to whom authority for such system is delegated 
under subsection (e). 
(4) For each such system, a description of each 
determination made under subsection (d) with regard 
to such system. 
(h) DEFENSE BUSINESS SYSTEM MANAGEMENT COM-
MITTEE.—(1) The Secretary of Defense shall establish a De-
fense Business Systems Management Executive Committee. 
The Committee shall be composed of the following members: 
(A) The Deputy Secretary of Defense, who shall 
be the chairman of the Committee.
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(B) The Under Secretary of Defense for Acquisi-
tion, Logistics, and Technology. 
(C) The Under Secretary of Defense for Per-
sonnel and Readiness. 
(D) The Under Secretary of Defense (Comp-
troller) and Chief Financial Officer. 
(E) The Assistant Secretary of Defense (Networks 
and Information Integration) and Chief Information 
Officer. 
(F) The Secretaries of the military departments. 
(G) The heads of the Defense Agencies.
(H) Any personnel assigned to the Joint Staff, 
personnel assigned to combatant commands, or other 
Department of Defense personnel that the Secretary of 
Defense designates to serve on the Committee. 
(2) In addition to any other duties assigned to the 
Committee by the Secretary of Defense, the Committee shall 
have the following duties: 
(A) To submit to the Secretary recommended 
policies and procedures that the Committee considers 
necessary to effectively integrate compliance with the 
requirements of this section into all business activities 
and any transformation, reform, reorganization, or 
process improvement initiatives undertaken within 
the Department of Defense.
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(B) To review and approve defense business sys-
tems modernization plans, including review and ap-
proval of any major update of the defense business en-
terprise architecture. 
(C) To coordinate defense business system mod-
ernization initiatives to maximize benefits and mini-
mize costs for the Department of Defense. 
(D) To ensure that funds are not obligated for 
the modernization of any defense business system in 
violation of subsection (d)(1). 
(E) To periodically report to the Secretary on 
the status of defense business system modernization ef-
forts. 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘defense business system’’ means 
any information system (except a national security 
system, as defined in section 2315 of title 10, United 
States Code) that is operated by, for, or on behalf of 
the Department of Defense to support business activi-
ties such as acquisition, financial management, logis-
tics, strategic planning and budgeting, installations 
and environment, and human resource management. 
(2) The term ‘‘enterprise architecture’’ has the 
meaning given that term in section 3601(4) of title 
44, United States Code.
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(3) The terms ‘‘information system’’ and ‘‘infor-
mation technology’’ have the meanings given those 
terms in section 11101 of title 40, United States Code. 
(4) The term ‘‘modernization’’, with respect to a 
defense business system, means the acquisition or de-
velopment of a new defense business system or any 
significant modification or enhancement of an exist-
ing defense business system (other than as necessary 
to maintain current services). 
(j) ANNUAL REPORT.—Not later than March 15 of 
2005 and each year thereafter through 2009, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the progress made by the Department of 
Defense in implementing the defense business enterprise ar-
chitecture and transition plan required by this section. 
Each report shall include, at a minimum, the following in-
formation: 
(1) A description of the specific actions taken 
and planned to be taken to implement the defense 
business enterprise architecture and the transition 
plan. 
(2) Specific milestones, performance measures, 
and resource commitments for such actions. 
(k) COMPTROLLER GENERAL ASSESSMENT.—Not later 
than 60 days after the date on which the Secretary of De-
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fense approves the defense business enterprise architecture 
and transition plan developed under subsection (a), and 
again each year not later than 60 days after the submission 
of the annual report under subsection (j), the Comptroller 
General shall submit to the congressional defense committees 
an assessment of the extent to which the actions taken by 
the Department comply with the requirements of this sec-
tion. 
(l) RELATIONSHIP TO OTHER LAW.—Nothing in this 
section shall be construed to modify or affect the applica-
bility of the restrictions and requirements provided in sec-
tion 8088 of the Department of Defense Appropriations Act, 
2003 (Public Law 107–248; 116 Stat. 1556). 
(m) REPEAL OF SUPERSEDED LAW.—Section 1004 of 
the Bob Stump National Defense Authorization Act for Fis-
cal Year 2003 (Public Law 107–314; 116 Stat. 2629; 10 
U.S.C. 113 note) is repealed. 
SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF SERV-
ICE ACADEMY ATHLETIC AND RECREATIONAL 
EXTRACURRICULAR PROGRAMS. 
(a) UNITED STATES MILITARY ACADEMY.—(1) Chap-
ter 403 of title 10, United States Code, is amended by add-
ing at the end the following new section:
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‘‘§ 4359. Athletic and recreational extracurricular 
programs: uniform funding 
‘‘The authority and conditions provided in section 
2494 of this title shall also apply to any athletic or rec-
reational extracurricular program of the Academy that— 
‘‘(1) is not considered a morale, welfare, or recre-
ation program referred to in such section; 
‘‘(2) is funded out of appropriated funds; 
‘‘(3) is supported by a supplemental mission 
nonappropriated fund instrumentality; and 
‘‘(4) is not operated as a private organization.’’. 
(2) The table of sections at the beginning of such title 
is amended by adding at the end the following new item: 
‘‘4359. Athletic and recreational extracurricular programs: uniform funding.’’. 
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 
603 of title 10, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 6978. Athletic and recreational extracurricular 
programs: uniform funding 
‘‘The authority and conditions provided in section 
2494 of this title shall also apply to any athletic or rec-
reational extracurricular program of the Naval Academy 
that— 
‘‘(1) is not considered a morale, welfare, or recre-
ation program referred to in such section; 
‘‘(2) is funded out of appropriated funds;
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‘‘(3) is supported by a supplemental mission 
nonappropriated fund instrumentality; and 
‘‘(4) is not operated as a private organization.’’. 
(2) The table of sections at the beginning of such title 
is amended by adding at the end the following new item: 
‘‘6978. Athletic and recreational extracurricular programs: uniform funding.’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chap-
ter 903 of title 10, United States Code, is amended by add-
ing at the end the following new section: 
‘‘§ 9358. Athletic and recreational extracurricular 
programs: uniform funding 
‘‘The authority and conditions provided in section 
2494 of this title shall also apply to any athletic or rec-
reational extracurricular program of the Academy that— 
‘‘(1) is not considered a morale, welfare, or recre-
ation program referred to in such section; 
‘‘(2) is funded out of appropriated funds; 
‘‘(3) is supported by a supplemental mission 
nonappropriated fund instrumentality; and 
‘‘(4) is not operated as a private organization.’’. 
(2) The table of sections at the beginning of such title 
is amended by adding at the end the following new item: 
‘‘9358. Athletic and recreational extracurricular programs: uniform funding.’’. 
(d) EFFECTIVE DATE AND APPLICABILITY.—This sec-
tion and the amendments made by this section shall take 
effect on October 1, 2004, and shall apply with respect to
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funds appropriated for fiscal years beginning on or after 
such date. 
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS FOR A 
CONTINGENT EMERGENCY RESERVE FUND 
FOR OPERATIONS IN IRAQ AND AFGHANI-
STAN. 
(a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIA-
TIONS.—In addition to any other amounts authorized to 
be appropriated by this Act, there is hereby authorized to 
be appropriated for the Department of Defense for fiscal 
year 
2005, 
subject 
to 
subsections 
(b) 
and 
(c), 
$25,000,000,000, to be available only for activities in sup-
port of operations in Iraq and Afghanistan. 
(b) SPECIFIC AMOUNTS.—Of the amount authorized to 
be appropriated under subsection (a), funds are authorized 
to be appropriated in amounts for purposes as follows: 
(1) For the Army for operation and mainte-
nance, $14,500,000,000. 
(2) For the Navy for operation and mainte-
nance, $1,000,000,000. 
(3) For the Marine Corps for operation and 
maintenance, $2,000,000,000. 
(4) For the Air Force for operation and mainte-
nance, $1,000,000,000.
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(5) For operation and maintenance, Defense- 
wide activities, $2,000,000,000. 
(6) For military personnel, $2,000,000,000. 
(7) An additional amount of $2,500,000,000 to 
be available for transfer to— 
(A) operation and maintenance accounts; 
(B) military personnel accounts; 
(C) research, development, test, and evalua-
tion accounts; 
(D) procurement accounts; 
(E) classified programs; and 
(F) Coast Guard operating expenses. 
(c) AUTHORIZATION CONTINGENT ON BUDGET RE-
QUEST.—The authorization of appropriations in subsection 
(a) shall be effective only to the extent that a budget request 
for all or part of the amount authorized to be appropriated 
under such subsection for the purposes set forth in such sub-
section is transmitted by the President to Congress after the 
date of the enactment of this Act and includes a designation 
of the requested amount as an emergency and essential to 
support activities in Iraq and Afghanistan. 
(d) TRANSFER AUTHORITY.—(1) Of the amount au-
thorized to be appropriated under subsection (b)(7) for 
transfer, no transfer may be made until the Secretary of 
Defense consults with the Chairmen and Ranking Members
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of the congressional defense committees and then notifies 
such committees in writing not later than five days before 
the transfer is made. 
(2) The transfer authority provided under this section 
is in addition to any other transfer authority available to 
the Department of Defense. 
(e) MONTHLY REPORT.—The Secretary of Defense 
shall submit to the congressional defense committees each 
month a report on the use of funds authorized to be appro-
priated under this section. The report for a month shall in-
clude in a separate display for each of Iraq and Afghani-
stan, the activity for which the funds were used, the purpose 
for which the funds were used, the source of the funds used 
to carry out that activity, and the account to which those 
expenditures were charged. 
Subtitle B—Naval Vessels and 
Shipyards 
SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERV-
ICE CRAFT AND BOATS. 
(a) IN GENERAL.—Chapter 633 of title 10, United 
States Code, is amended by inserting after section 7309 the 
following new section: 
‘‘§ 7309a. Service craft and boats: exchange or sale 
‘‘(a) IN GENERAL.—The Secretary of the Navy may, 
in acquiring personal property under section 503 of title
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40, exchange or sell obsolete Navy service craft or boats that 
are similar to such personal property and apply the ex-
change allowance or proceeds of sale in whole or part pay-
ment for such personal property. 
‘‘(b) USE OF PROCEEDS FOR COST OF PREPARATION 
OF SALE.—In selling a service craft or boat under sub-
section (a), the Secretary shall obtain, to the extent prac-
ticable, amounts necessary to recover the full costs, whether 
direct or indirect, incurred by the Navy in preparing the 
service craft or boat for sale, including costs of towing, stor-
age, defueling, removal and disposal of hazardous wastes, 
environmental surveys to determine the presence of regu-
lated materials containing polychlorinated biphenyl (PCB), 
removal and disposal of such materials, and other related 
costs. 
‘‘(c) TREATMENT
OF ADDITIONAL PROCEEDS.—(1) 
Any proceeds of sale of a service craft or boat under sub-
section (a) that are in addition to amounts necessary to 
recover the costs of the preparation of sale of the service 
craft or boat under subsection (b) shall be deposited in an 
account in the Treasury established for purposes of this sec-
tion. 
‘‘(2) Amounts in the account under paragraph (1) 
shall be available to the Secretary for the payment of costs 
associated with the preparation of obsolete Navy service
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craft or boats for sale or exchange under this section. 
Amounts in the account shall be available for that purpose 
without fiscal year limitation. 
‘‘(3) The Secretary shall, on a periodic basis, deposit 
amounts in the account under paragraph (1) that are in 
excess of the amounts otherwise utilized under paragraph 
(2) in the general Treasury as miscellaneous receipts, or 
in another account in the Treasury as otherwise provided 
by law. 
‘‘(d) INAPPLICABILITY
OF CERTAIN PROCUREMENT 
REQUIREMENTS.—Notwithstanding section 503(b)(3) of 
title 40, section 3709 of the Revised Statutes (41 U.S.C. 
5) shall not apply to the exchange or sale of service craft 
or boats under this section. 
‘‘(e) REGULATIONS.—The Secretary may prescribe reg-
ulations relating to the exercise of authority under this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 7309 the following new item: 
‘‘7309a. Service craft and boats: exchange or sale.’’. 
SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL 
VESSEL. 
The Secretary of the Navy may not dispose of the de-
commissioned destroyer ex-Edson (DD–946) before October 
1, 2007, to an entity that is not a nonprofit organization
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unless the Secretary first determines that there is no non-
profit organization that meets the criteria for donation of 
that vessel under section 7306(a)(3) of title 10, United 
States Code. 
SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING 
ON NET COST BASIS. 
(a) IN GENERAL.—Chapter 633 of title 10, United 
States Code, is amended by inserting after section 7305 the 
following new section: 
‘‘§ 7305a. Contracts for ship dismantling: award on 
net cost basis 
‘‘(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, the Secretary of the Navy may use net cost 
as a criterion in the selection of an offeror for award of 
a contract for the dismantling of one or more ships stricken 
from the Naval Vessel Register and may accord that cri-
terion such weight in the offer evaluation process as the Sec-
retary considers appropriate and specifies in the solicita-
tion of offers for that contract. 
‘‘(b) COMPETITION.—In exercising the authority under 
this section, the Secretary shall to the maximum extent 
practicable use the competitive procedure or combination 
of competitive procedures that is best suited under the cir-
cumstances.
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‘‘(c) RETENTION OF PROCEEDS.—When the Secretary 
of the Navy awards a ship dismantling contract on a net 
cost basis, the contractor may retain the proceeds from the 
sale of scrap and reusable items from the vessel being dis-
mantled. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘net cost’, with respect to a con-
tract for the dismantling of a ship, means the amount 
equal to the excess of— 
‘‘(A) the amount of the contractor’s gross 
cost of performance of the contract, over 
‘‘(B) the estimated value of scrap and reus-
able items that the contractor removes from the 
ship during performance of the contract, as stat-
ed in the contractor’s offer for such contract. 
‘‘(2) The term ‘scrap’ means personal property 
that has no value except for its basic material con-
tent. 
‘‘(3) The term ‘reusable item’, with respect to a 
ship, means any demilitarized component or remov-
able portion of the ship or the ship’s equipment that 
the Navy has identified as excess to its needs but 
which has potential resale value on the open market.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 7305 the following new item: 
‘‘7305a. Contracts for ship dismantling: award on net cost basis.’’. 
SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO 
CERTAIN FOREIGN COUNTRIES. 
(a) AUTHORITY TO TRANSFER BY GRANT.—The Sec-
retary of the Navy is authorized to transfer vessels to foreign 
countries on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) as follows: 
(1) CHILE.—To the Government of Chile, the 
SPRUANCE class destroyer O’BANNON (DD 987). 
(2) PORTUGAL.—To the Government of Portugal, 
the OLIVER HAZARD PERRY class guided missile 
frigate GEORGE PHILIP (FFG 12) and the OLI-
VER HAZARD PERRY class guided missile frigate 
USS SIDES (FFG 14). 
(b) AUTHORITY TO TRANSFER BY SALE.—The Sec-
retary of the Navy is authorized to transfer vessels to foreign 
countries on a sale basis under section 21 of the Arms Ex-
port Control Act (22 U.S.C. 2761) as follows: 
(1) TAIWAN.—To the Taipei Economic and Cul-
tural Representative Office in the United States 
(which is the Taiwan instrumentality designated pur-
suant to section 10(a) of the Taiwan Relations Act),
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the ANCHORAGE class dock landing ship ANCHOR-
AGE (LSD 36). 
(2) CHILE.—To the Government of Chile, the 
SPRUANCE class destroyer FLETCHER (DD 992). 
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF 
TRANSFERRED EXCESS DEFENSE ARTICLES.—The value of 
a vessel transferred to another country on a grant basis 
under section 516 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321j) pursuant to authority provided by subsection 
(a) shall not be counted for the purposes of subsection (g) 
of that section in the aggregate value of excess defense arti-
cles transferred to countries under that section in any fiscal 
year. 
(d) COSTS OF TRANSFERS.—Any expense incurred by 
the United States in connection with a transfer authorized 
by this section shall be charged to the recipient (notwith-
standing section 516(e)(1) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j(e)(1)). 
(e) REPAIR AND REFURBISHMENT IN UNITED STATES 
SHIPYARDS.—To the maximum extent practicable, the 
President shall require, as a condition of the transfer of a 
vessel under this section, that the country to which the vessel 
is transferred have such repair or refurbishment of the vessel 
as is needed, before the vessel joins the naval forces of that
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country, performed at a shipyard located in the United 
States, including a United States Navy shipyard. 
(f) EXPIRATION OF AUTHORITY.— The authority to 
transfer a vessel under this section shall expire at the end 
of the two-year period beginning on the date of the enact-
ment of this Act. 
Subtitle C—Reports 
SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ. 
(a) REPORT REQUIRED.—(1) Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit a report on contractor security in 
Iraq to the congressional defense committees. The report 
shall include, at a minimum— 
(A) information on the security of contractor em-
ployees in Iraq, as described in subsection (b); 
(B) information on contract security personnel 
in Iraq, as described in subsection (c); and 
(C) any recommended actions that the Secretary 
considers appropriate to enhance contractor security 
in Iraq. 
(2) The information included in the report shall be 
current as of September 30, 2004. 
(b) SECURITY
OF
CONTRACTOR
EMPLOYEES
IN 
IRAQ.—The report under subsection (a) shall include infor-
mation on contractor employees in Iraq, as follows:
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(1) The number of contractor employees in each 
of the following categories of nationals: 
(A) Nationals of the United States. 
(B) Nationals of Iraq. 
(C) Nationals of states other than the 
United States and Iraq. 
(2) For each of the categories of nationals listed 
in paragraph (1), the number of casualties among 
contractor employees on and after May 1, 2003. 
(c) CONTRACT SECURITY PERSONNEL.—The report re-
quired by subsection (a) shall include information on con-
tract security personnel of a contractor in Iraq, as follows: 
(1) The number of contract security personnel 
engaged in providing security services to personnel or 
facilities in each of the following categories: 
(A) Personnel or facilities of the United 
States Government or the Coalition Provisional 
Authority. 
(B) Personnel or facilities of the Iraqi Gov-
ernment. 
(C) Personnel or facilities of a contractor or 
subcontractor. 
(2) For each of the categories of nationals listed 
in subsection (b)(1), the following information:
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(A) The number of contract security per-
sonnel. 
(B) The range of annual rates of pay of the 
contract security personnel. 
(C) The number of casualties among the 
contract security personnel on and after May 1, 
2003. 
(3) The number, types, and sources of weapons 
that contract security personnel are authorized to pos-
sess in each of the following categories: 
(A) Weapons provided by coalition forces. 
(B) Weapons supplied by the contractor. 
(C) Weapons supplied by other sources. 
(4) The extent to which contract security per-
sonnel are equipped with other critical equipment, 
such as body armor, armored vehicles, secure commu-
nications, and friend-foe identification. 
(5) An assessment of the extent to which contract 
security personnel have been engaged by hostile fire 
on and after May 1, 2003. 
(d) COORDINATION.—In the preparation of the report 
under this section, the Secretary of Defense shall coordinate 
with the heads of any other departments and agencies of 
the Federal Government that are affected by the perform-
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ance of Federal Government contracts by contractor per-
sonnel in Iraq. 
(e) ADDITIONAL CONGRESSIONAL RECIPIENTS.—In 
addition to submitting the report on contractor security 
under this section to the congressional defense committees, 
the Secretary of Defense shall also submit the report to any 
other committees of Congress that the Secretary determines 
appropriate to receive such report taking into consideration 
the requirements of the Federal Government that contractor 
personnel in Iraq are engaged in satisfying. 
(f) FORMS OF REPORT.—The report required by this 
section shall be submitted in classified and unclassified 
forms. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘contract security personnel’’ in-
cludes employees of a contractor or subcontractor who, 
under a covered contract, provide security services in 
Iraq to— 
(A) personnel or facilities of the United 
States Government or the Coalition Provisional 
Authority; 
(B) personnel or facilities of the Iraqi Gov-
ernment; or 
(C) personnel or facilities of a contractor. 
(2) The term ‘‘covered contract’’—
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(A) means a contract entered into by an 
agency of the United States Government or by 
the Coalition Provisional Authority for the pro-
curement of products or services to be provided 
in Iraq, regardless of the source of the funding 
for such procurement; and 
(B) includes a subcontract under such a 
contract, regardless of the source of the funding 
for such procurement. 
(3) The term ‘‘national of the United States’’ has 
the meaning given such term in section 101(22) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(22)). 
(4) The term ‘‘national’’, except as provided in 
paragraph (3), has the meaning given such term in 
section 101(21) of such Act. 
SEC. 1022. TECHNICAL CORRECTION TO REFERENCE TO 
CERTAIN ANNUAL REPORTS. 
Section 2474(f)(2) of title 10, United States Code, is 
amended by striking ‘‘section 2466(e)’’ and inserting ‘‘sec-
tion 2466(d)’’.
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SEC. 1023. STUDY OF ESTABLISHMENT OF MOBILIZATION 
STATION AT CAMP RIPLEY NATIONAL GUARD 
TRAINING 
CENTER, 
LITTLE 
FALLS, 
MIN-
NESOTA. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall carry out and 
complete a study on the feasibility of the use of Camp Rip-
ley National Guard Training Center, Little Falls, Min-
nesota, as a mobilization station for reserve components or-
dered to active duty under provisions of law referred to in 
section 101(a)(13)(B) of title 10, United States Code. The 
study shall include consideration of the actions necessary 
to establish such center as a mobilization station. 
SEC. 1024. REPORT ON TRAINING PROVIDED TO MEMBERS 
OF THE ARMED FORCES TO PREPARE FOR 
POST-CONFLICT OPERATIONS. 
(a) STUDY ON TRAINING.—The Secretary of Defense 
shall conduct a study to determine the extent to which mem-
bers of the Armed Forces assigned to duty in support of 
contingency operations receive training in preparation for 
post-conflict operations and to evaluate the quality of such 
training. 
(b) MATTERS TO BE INCLUDED IN STUDY.—As part 
of the study under subsection (a), the Secretary shall specifi-
cally evaluate the following:
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(1) The doctrine, training, and leader-develop-
ment system necessary to enable members of the 
Armed Forces to successfully operate in post-conflict 
operations. 
(2) The adequacy of the curricula at military 
educational facilities to ensure that the Armed Forces 
has a cadre of members skilled in post-conflict duties, 
including a familiarity with applicable foreign lan-
guages and foreign cultures. 
(3) The training time and resources available to 
members and units of the Armed Forces to develop 
cultural awareness about ethnic backgrounds and reli-
gious beliefs of the people living in areas in which 
post-conflict operations are likely to occur. 
(4) The adequacy of training transformation to 
emphasize post-conflict operations, including inter-
agency coordination in support of combatant com-
manders. 
(c) REPORT ON STUDY.—Not later than May 1, 2005, 
the Secretary shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services 
of the House of Representatives a report on the result of 
the study conducted under this section.
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SEC. 1025. REPORT ON AVAILABILITY OF POTENTIAL OVER-
LAND BALLISTIC MISSILE DEFENSE TEST 
RANGES. 
The Secretary of Defense shall submit to Congress a 
report assessing the availability to the Department of De-
fense of potential ballistic missile defense test ranges for 
overland intercept flight tests of defenses against ballistic 
missile systems with a range of 750 to 1,500 kilometers. 
SEC. 1026. OPERATION OF THE FEDERAL VOTING ASSIST-
ANCE PROGRAM AND THE MILITARY POSTAL 
SYSTEM. 
(a) REQUIREMENT FOR REPORTS.—(1) The Secretary 
of Defense shall submit to Congress two reports on the ac-
tions that the Secretary has taken to ensure that— 
(A) the Federal Voting Assistance Program func-
tions effectively to support absentee voting by mem-
bers of the Armed Forces deployed outside the United 
States in support of Operation Iraqi Freedom, Oper-
ation Enduring Freedom, and all other contingency 
operations; and 
(B) the military postal system functions effec-
tively to support the morale of the personnel described 
in subparagraph (A) and absentee voting by such 
members.
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(2)(A) The first report under paragraph (1) shall be 
submitted not later than 60 days after the date of the enact-
ment of this Act. 
(B) The second report under paragraph (1) shall be 
submitted not later than 60 days after the date on which 
the first report is submitted under that paragraph. 
(3) In this subsection, the term ‘‘Federal Voting Assist-
ance Program’’ means the program referred to in section 
1566(b)(1) of title 10, United States Code. 
(b) IMPLEMENTATION OF RECOMMENDED POSTAL SYS-
TEM IMPROVEMENTS.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report setting forth— 
(1) the actions taken to implement the rec-
ommendations of the Military Postal Service Agency 
Task Force, dated 28 August 2000; and 
(2) in the case of each such recommendation not 
implemented or not fully implemented as of the date 
of report, the reasons for not implementing or not 
fully implementing such recommendation, as the case 
may be.
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SEC. 1027. REPORT ON ESTABLISHING NATIONAL CENTERS 
OF EXCELLENCE FOR UNMANNED AERIAL 
AND GROUND VEHICLES. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the need for one or more national centers 
of excellence for unmanned aerial and ground vehicles. 
(b) GOAL OF CENTERS.—The goal of the centers cov-
ered by the report is to promote interservice cooperation and 
coordination in the following areas: 
(1) Development of joint doctrine for the organi-
zation, training, and use of unmanned aerial and 
ground vehicles. 
(2) Joint research, development, test, and evalua-
tion, and joint procurement of unmanned aerial and 
ground vehicles. 
(3) Identification and coordination, in conjunc-
tion with the private sector and academia, of the fu-
ture development of unmanned aerial and ground ve-
hicles. 
(4) Monitoring of the development and utiliza-
tion of unmanned aerial and ground vehicles in other 
nations for both military and non-military purposes. 
(5) The providing of joint training and profes-
sional development opportunities in the use and oper-
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ation of unmanned aerial and ground vehicles to 
military personnel of all ranks and levels of responsi-
bility. 
(c) REPORT REQUIREMENTS.—The report shall in-
clude, at a minimum, the following: 
(1) A list of facilities where the Defense Depart-
ment currently conducts or plans to conduct research, 
development, and testing activities on unmanned aer-
ial and ground vehicles. 
(2) A list of facilities where the Department of 
Defense currently deploys or has committed to deploy-
ing unmanned aerial or ground vehicles. 
(3) The extent to which existing facilities de-
scribed in paragraphs (1) and (2) have sufficient un-
used capacity and expertise to research, develop, test, 
and deploy the current and next generations of un-
manned aerial and ground vehicles and to provide for 
the development of doctrine on the use and training 
of operators of such vehicles. 
(4) The extent to which efficiencies on research, 
development, testing, and deployment of existing or 
future unmanned aerial and ground vehicles can be 
achieved through consolidation at one or more na-
tional centers of excellence for unmanned aerial and 
ground vehicles.
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(5) A list of potential locations for national cen-
ters of excellence. 
(d) CONSIDERATIONS.—In determining the potential 
locations for the national centers of excellence under this 
section, the Secretary of Defense shall take into consider-
ation existing Air Force facilities that have— 
(1) a workforce of skilled personnel; 
(2) existing capacity of runways and other fa-
cilities to accommodate the research, testing, and de-
ployment of current and future unmanned aerial ve-
hicles; and 
(3) minimal restrictions on the research, develop-
ment, and testing of unmanned aerial vehicles result-
ing from proximity to large population centers or air-
space heavily utilized by commercial flights. 
SEC. 1028. REPORT ON POST-MAJOR COMBAT OPERATIONS 
PHASE OF OPERATION IRAQI FREEDOM. 
(a) REPORT REQUIRED.—(1) Not later than March 31, 
2005, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the conduct of mili-
tary operations during the post-major combat operations 
phase of Operation Iraqi Freedom. 
(2) The report shall be prepared in consultation with 
the Chairman of the Joint Chiefs of Staff, the Commander
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of the United States Central Command, and such other offi-
cials as the Secretary considers appropriate. 
(b) CONTENT.—(1) The report shall include a discus-
sion of the matters described in paragraph (2), with a par-
ticular emphasis on accomplishments and shortcomings and 
on near-term and long-term corrective actions to address 
such shortcomings. 
(2) The matters to be discussed in the report are as 
follows: 
(A) The military and political objectives of the 
international coalition conducting the post-major 
combat operations phase of Operation Iraqi Freedom, 
and the military strategy selected to achieve such ob-
jectives, together with an assessment of the execution 
of the military strategy. 
(B) The mobilization process for the reserve com-
ponents of the Armed Forces, including the timeliness 
of notification, training and certification, and subse-
quent demobilization. 
(C) The use and performance of major items of 
United States military equipment, weapon systems, 
and munitions (including non-lethal weapons and 
munitions, items classified under special access proce-
dures, and items drawn from prepositioned stocks) 
and any expected effects of the experience with the use
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and performance of such items on the doctrinal and 
tactical employment of such items and on plans for 
continuing the acquisition of such items. 
(D) Any additional requirements for military 
equipment, weapon systems, munitions, force struc-
ture, or other capability identified during the post- 
major combat operations phase of Operation Iraqi 
Freedom, including changes in type or quantity for 
future operations. 
(E) The effectiveness of joint air operations, to-
gether with an assessment of the effectiveness of— 
(i) the employment of close air support; and 
(ii) attack helicopter operations. 
(F) The use of special operations forces, includ-
ing operational and intelligence uses. 
(G) The scope of logistics support, including sup-
port to and from other nations and from inter-
national organizations and organizations and indi-
viduals from the private sector in Iraq. 
(H) The incidents of accidental fratricide, in-
cluding a discussion of the effectiveness of the tracking 
of friendly forces and the use of the combat identifica-
tion systems in mitigating friendly fire incidents. 
(I) The adequacy of spectrum and bandwidth to 
transmit information to operational forces and assets,
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including unmanned aerial vehicles, ground vehicles, 
and individual soldiers. 
(J) The effectiveness of strategic, operational, 
and tactical information operations, including psy-
chological operations and assets, organization, and 
doctrine related to civil affairs, in achieving estab-
lished objectives, together with a description of techno-
logical and other restrictions on the use of informa-
tion operations capabilities. 
(K) The readiness of the reserve component forces 
used in the post-major combat operations phase of 
Operation Iraqi Freedom, including an assessment of 
the success of the reserve component forces in accom-
plishing their missions. 
(L) The adequacy of intelligence support during 
the post-major combat operations phase of Operation 
Iraqi Freedom, including the adequacy of such sup-
port in searches for weapons of mass destruction. 
(M) The rapid insertion and integration, if any, 
of developmental but mission-essential equipment, or-
ganizations, or procedures during the post-major com-
bat operations phase of Operation Iraqi Freedom. 
(N) A description of the coordination, commu-
nication, and unity of effort between the Armed 
Forces, the Coalition Provisional Authority, other
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United States government agencies and organizations, 
nongovernmental organizations, and political, secu-
rity, and nongovernmental organizations of Iraq, in-
cluding an assessment of the effectiveness of such ef-
forts. 
(O) The adequacy of training for military units 
once deployed to the United States Central Command, 
including training for changes in unit mission and 
continuation training for high-intensity conflict mis-
sions. 
(P) An estimate of the funding required to re-
turn or replace equipment used to date in Operation 
Iraqi Freedom, including equipment in prepositioned 
stocks, to mission-ready condition. 
(Q) A description of military civil affairs and 
reconstruction efforts, including through the Com-
manders Emergency Response Program, and an as-
sessment of the effectiveness of such efforts and pro-
grams. 
(R) The adequacy of the requirements determina-
tion and acquisition processes, acquisition, and dis-
tribution of force protection equipment, including 
personal gear, vehicles, helicopters, and defense de-
vices.
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(S) The most critical lessons learned that could 
lead to long-term doctrinal, organizational, and tech-
nological changes, and the probable effects that an im-
plementation of those changes would have on current 
visions, goals, and plans for transformation of the 
Armed Forces or the Department of Defense. 
(T) The planning for and implementation of mo-
rale, welfare, and recreation programs for deployed 
forces and support to dependents, including rest and 
recuperation programs and personal communication 
benefits such as telephone, mail, and email services, 
including an assessment of the effectiveness of such 
programs. 
(U) An analysis of force rotation plans, includ-
ing individual personnel and unit rotations, differing 
deployment lengths, and in-theater equipment repair 
and leave behinds. 
(c) FORM OF REPORT.—The report shall be submitted 
in unclassified form, but may include a classified annex. 
(d) POST-MAJOR COMBAT OPERATIONS PHASE OF OP-
ERATION IRAQI FREEDOM DEFINED.—In this section, the 
term ‘‘post-major combat operations phase of Operation 
Iraqi Freedom’’ means the period of Operation Iraqi Free-
dom beginning on May 2, 2003, and ending on December 
31, 2004.
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SEC. 1029. COMPTROLLER GENERAL ANALYSIS OF USE OF 
TRANSITIONAL BENEFIT CORPORATIONS IN 
CONNECTION WITH COMPETITIVE SOURCING 
OF PERFORMANCE OF DEPARTMENT OF DE-
FENSE ACTIVITIES AND FUNCTIONS. 
(a) REQUIREMENT FOR ANALYSIS.—Not later than 
February 1, 2005, the Comptroller General shall submit to 
Congress an analysis of the potential for use of transitional 
benefit corporations in connection with competitive 
sourcing of the performance of activities and functions of 
the Department of Defense. 
(b) SPECIFIC ISSUES.—The analysis under this section 
shall— 
(1) address the capabilities of transitional ben-
efit corporations— 
(A) to preserve human capital and surge 
capability; 
(B) to promote economic development and 
job creation; 
(C) to generate cost savings; and 
(D) to generate efficiencies that are com-
parable to or exceed the efficiencies that result 
from competitive sourcing carried out by the De-
partment of Defense under the procedures appli-
cable to competitive sourcing by the Department 
of Defense; and
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(2) identify areas within the Department of De-
fense in which transitional benefit corporations could 
be used to add value, reduce costs, and provide oppor-
tunities for beneficial use of employees and other re-
sources that are displaced by competitive sourcing of 
the performance of activities and functions of the De-
partment of Defense. 
(d) TRANSITIONAL
BENEFIT
CORPORATION
DE-
FINED.—In this section, the term ‘‘transitional benefit cor-
poration’’ means a corporation that facilitates the transfer 
of designated (usually underutilized) real estate, equipment, 
intellectual property, or other assets of the United States 
to the private sector in a process that enables employees 
of the United States in positions associated with the use 
of such assets to retain eligibility for Federal employee bene-
fits and to continue to accrue those benefits. 
SEC. 1029A. COMPTROLLER GENERAL STUDY OF PROGRAMS 
OF 
TRANSITION 
ASSISTANCE 
FOR 
PER-
SONNEL 
SEPARATING 
FROM 
THE 
ARMED 
FORCES. 
(a) REQUIREMENT
FOR STUDY.—The Comptroller 
General shall carry out a study of the programs of the De-
partment of Defense and other departments and agencies 
of the Federal Government under which transition assist-
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ance is provided to personnel who are separating from ac-
tive duty service in the Armed Forces. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report on the results of the study to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives. The report shall include the following matters: 
(1) Regarding the transition assistance programs 
under section 1142 and 1144 of title 10, United 
States Code— 
(A) an analysis of the extent to which such 
programs are meeting the current needs of mem-
bers of the Armed Forces as such personnel are 
discharged or released from active duty, includ-
ing— 
(i) a discussion of the original pur-
poses of the programs; 
(ii) a discussion of how the programs 
are currently being administered in rela-
tionship to those purposes; and 
(iii) an assessment of whether the pro-
grams are adequate to meet the current 
needs of members of the reserve components, 
including the National Guard; and
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(B) any recommendations that the Comp-
troller General considers appropriate for improv-
ing such programs, including any recommenda-
tion regarding whether participation by mem-
bers of the Armed Forces in such programs 
should be required. 
(2) An analysis of the differences, if any, among 
the Armed Forces and among the commands of mili-
tary installations of the Armed Forces regarding how 
transition assistance is being provided under the 
transition assistance programs, together with any rec-
ommendations that the Comptroller General considers 
appropriate— 
(A) to achieve uniformity in the provision 
of assistance under such programs; and 
(B) to ensure that the transition assistance 
is provided under such programs to members of 
the Armed Forces who are being separated at 
medical facilities of the uniformed services or 
Department of Veterans Affairs medical centers 
and to Armed Forces personnel on a temporary 
disability retired list under section 1202 or 1205 
of title 10, United States Code. 
(3) An analysis of the relationship of Depart-
ment of Defense transition assistance programs to the
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transition assistance programs of the Department of 
Veterans Affairs and the Department of Labor, in-
cluding the relationship of the benefits delivery at dis-
charge program carried out jointly by the Department 
of Defense and the Department of Veterans Affairs to 
the other transition assistance programs. 
(4) The rates of participation of Armed Forces 
personnel in the transition assistance programs, to-
gether with any recommendations that the Comp-
troller General considers appropriate to increase such 
participation rates, including any revisions of such 
programs that could result in increased participation. 
(5) An assessment of whether the transition as-
sistance information provided to Armed Forces per-
sonnel omits transition information that would be 
beneficial to such personnel, including an assessment 
of the extent to which information is provided under 
the transition assistance programs regarding partici-
pation in Federal Government procurement opportu-
nities available at prime contract and subcontract 
levels to veterans with service-connected disabilities 
and other veterans, together with any recommenda-
tions that the Comptroller General considers appro-
priate regarding additional information that should 
be provided and any other recommendations that the
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Comptroller General considers appropriate for en-
hancing the provision of counseling on such procure-
ment opportunities. 
(6) An assessment of the extent to which rep-
resentatives of military service organizations and vet-
erans’ service organizations are afforded opportunities 
to participate, and do participate, in preseparation 
briefings under transition assistance programs, to-
gether with any recommendations that the Comp-
troller General considers appropriate regarding how 
representatives of such organizations could better be 
used to disseminate transition assistance information 
and provide preseparation counseling to Armed 
Forces personnel, including personnel of the reserve 
components who are being released from active duty 
for continuation of service in the reserve components. 
(7) An analysis of the use of post-deployment 
and predischarge health screenings, together with any 
recommendations that the Comptroller General con-
siders appropriate regarding whether and how to in-
tegrate the health screening process and the transition 
assistance programs into a single, coordinated 
preseparation program for Armed Forces personnel 
being discharged or released from active duty.
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(8) An analysis of the processes of the Armed 
Forces for conducting physical examinations of mem-
bers of the Armed Forces in connection with discharge 
and release from active duty, including— 
(A) how post-deployment questionnaires are 
used; 
(B) the extent to which Armed Forces per-
sonnel waive the physical examinations; and 
(C) how, and the extent to which, Armed 
Forces personnel are referred for followup health 
care. 
(9) A discussion of the current process by which 
mental health screenings are conducted, followup men-
tal health care is provided for, and services are pro-
vided in cases of post-traumatic stress disorder and 
related conditions for members of the Armed Forces in 
connection with discharge and release from active 
duty, together with— 
(A) for each of the Armed Forces, the pro-
grams that are in place to identify and treat 
cases of post-traumatic stress disorder and re-
lated conditions; and 
(B) for persons returning from deployments 
in connection with Operation Enduring Freedom 
and Operation Iraqi Freedom—
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(i) the number of persons treated as a 
result of such screenings; and 
(ii) the types of interventions. 
(c) ACQUISITION OF SUPPORTING INFORMATION.—In 
carrying out the study under this section, the Comptroller 
General shall seek to obtain views from the following per-
sons: 
(1) The Secretary of Defense and the Secretaries 
of the military departments. 
(2) The Secretary of Veterans Affairs. 
(3) The Secretary of Labor. 
(4) Armed Forces personnel who have received 
transition assistance under the programs covered by 
the study and Armed Forces personnel who have de-
clined to accept transition assistance offered under 
such programs. 
(5) Representatives of military service organiza-
tions and representatives of veterans’ service organi-
zations. 
(6) Persons having expertise in health care (in-
cluding mental health care) provided under the De-
fense Health Program, including Department of De-
fense personnel, Department of Veterans Affairs per-
sonnel, and persons in the private sector.
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SEC. 1029B. STUDY ON COORDINATION OF JOB TRAINING 
AND CERTIFICATION STANDARDS. 
(a) REQUIREMENT FOR STUDY.—The Secretary of De-
fense and the Secretary of Labor shall jointly carry out a 
study to determine ways to coordinate the standards ap-
plied by the Armed Forces for the training and certification 
of members of the Armed Forces in military occupational 
specialties with the standards that are applied to cor-
responding civilian occupations by occupational licensing 
or certification agencies of governments and occupational 
certification agencies in the private sector. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Labor shall 
submit a joint report on the results of the study under sub-
section (a) to Congress. 
SEC. 1029C. CONTENT OF PRESEPARATION COUNSELING 
FOR PERSONNEL SEPARATING FROM ACTIVE 
DUTY SERVICE. 
Section 1142 of title 10, United States Code, is amend-
ed— 
(1) by adding at the end of subsection (b) the fol-
lowing new paragraph: 
‘‘(11) Information on participation in Federal 
Government procurement opportunities that are 
available at the prime contract level and at sub-
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contract levels to veterans with service-connected dis-
abilities and other veterans.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) REQUIREMENTS RELATING TO COUNSELING ON 
PROCUREMENT OPPORTUNITIES.—(1) For the counseling 
under subsection (b)(11), the Secretary concerned may pro-
vide for participation of representatives of the Secretary of 
Veterans Affairs, representatives of the Administrator of the 
Small Business Administration, representatives of other ap-
propriate executive agencies, and representatives of Vet-
erans’ Business Outreach Centers and Small Business De-
velopment Centers. 
‘‘(2) The Secretary concerned may provide for the 
counseling under paragraph (11) of subsection (b) to be of-
fered at medical centers of the Department of Veterans Af-
fairs as well as the medical care facilities of the uniformed 
services and other facilities at which the counseling on the 
other matters required under such subsection is offered. The 
access of representatives described in paragraph (1) to a 
member of the armed forces to provide such counseling shall 
be subject to the consent of that member.’’.
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SEC. 1029D. PERIODIC DETAILED ACCOUNTING FOR OPER-
ATIONS OF THE GLOBAL WAR ON TERRORISM. 
(a) QUARTERLY ACCOUNTING.—Not later than 45 days 
after the end of each quarter of a year, the Secretary of 
Defense shall submit to the congressional defense commit-
tees, for such quarter for each operation described in sub-
section (b), a full accounting of all costs incurred for such 
operation during such quarter and all amounts expended 
during such quarter for such operation, and the purposes 
for which such costs were incurred and such amounts were 
expended. 
(b) OPERATIONS COVERED.—The operations referred 
to in subsection (a) are as follows: 
(1) Operation Iraqi Freedom. 
(2) Operation Enduring Freedom. 
(3) Operation Noble Eagle. 
(4) Any other operation that the President des-
ignates as being an operation of the Global War on 
Terrorism. 
(c) REQUIREMENT FOR COMPREHENSIVENESS.—For 
the purpose of providing a full and complete accounting of 
the costs and expenditures under subsection (a) for oper-
ations described in subsection (b), the Secretary shall ac-
count in the quarterly submission under subsection (a) for 
all costs and expenditures that are reasonably attributable 
to such operations, including personnel costs.
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SEC. 1029E. REPORT ON THE STABILIZATION OF IRAQ. 
Not later than 120 days after the date of the enactment 
of this Act, the President shall submit to the congressional 
defense committees an unclassified report (with classified 
annex, if necessary) on the strategy of the United States 
and coalition forces for stabilizing Iraq. The report shall 
contain a detailed explanation of the strategy, together with 
the following information: 
(1) A description of the efforts of the President 
to work with the United Nations to provide support 
for, and assistance to, the transitional government in 
Iraq, and, in particular, the efforts of the President 
to negotiate and secure adoption by the United Na-
tions Security Council of Resolution 1546. 
(2) A description of the efforts of the President 
to continue to work with North Atlantic Treaty Orga-
nization (NATO) member states and non-NATO 
member states to provide support for and augment co-
alition forces, including efforts, as determined by the 
United States combatant commander, in consultation 
with coalition forces, to evaluate the— 
(A) the current military forces of the NATO 
and non-NATO member countries deployed to 
Iraq;
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(B) the current police forces of NATO and 
non-NATO member countries deployed to Iraq; 
and 
(C) the current financial resources of NATO 
and non-NATO member countries provided for 
the stabilization and reconstruction of Iraq. 
(3) As a result of the efforts described in para-
graph (2)— 
(A) a list of the NATO and non-NATO 
member countries that have deployed and will 
have agreed to deploy military and police forces; 
and 
(B) with respect to each such country, the 
schedule and level of such deployments. 
(4) A description of the efforts of the United 
States and coalition forces to develop the domestic se-
curity forces of Iraq for the internal security and ex-
ternal defense of Iraq, including a description of 
United States plans to recruit, train, equip, and de-
ploy domestic security forces of Iraq. 
(5) As a result of the efforts described in para-
graph (4)— 
(A) the number of members of the security 
forces of Iraq that have been recruited;
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(B) the number of members of the security 
forces of Iraq that have been trained; and 
(C) the number of members of the security 
forces of Iraq that have been deployed. 
(6) A description of the efforts of the United 
States and coalition forces to assist in the reconstruc-
tion of essential infrastructure of Iraq, including the 
oil industry, electricity generation, roads, schools, and 
hospitals. 
(7) A description of the efforts of the United 
States, coalition partners, and relevant international 
agencies to assist in the development of political insti-
tutions and prepare for democratic elections in Iraq. 
(8) A description of the obstacles, including fi-
nancial, technical, logistic, personnel, political, and 
other obstacles, faced by NATO in generating and de-
ploying military forces out of theater to locations such 
as Iraq. 
SEC. 1029F. REPORTS ON MATTERS RELATING TO DETAIN-
MENT OF PRISONERS BY THE DEPARTMENT 
OF DEFENSE. 
(a) REPORTS REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and annually 
thereafter, the Secretary of Defense shall submit to the ap-
propriate committees of Congress a report on the population
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of persons held by the Department of Defense for more than 
45 days and on the facilities in which such persons are held. 
(b) REPORT ELEMENTS.—Each report under sub-
section (a) shall include the following: 
(1) General information on the foreign national 
detainees in the custody of the Department on the 
date of such report, including the following: 
(A) The best estimate of the Department of 
the number of the total number of detainees in 
the custody of the Department as of the date of 
such report. 
(B) The countries in which such detainees 
were detained, and the number of detainees de-
tained in each such country. 
(C) The best estimate of the Department of 
the total number of detainees released from the 
custody of the Department during the one-year 
period ending on the date of such report. 
(2) For each foreign national detained and 
registered with the National Detainee Reporting 
Center by the Department on the date of such re-
port the following: 
(A) The Internment Serial Number or other 
appropriate identification number. 
(B) The nationality, if available.
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(C) The place at which taken into custody, 
if available. 
(D) The circumstances of being taken into 
custody, if available. 
(E) The place of detention. 
(F) The current length of detention. 
(G) A categorization as a civilian detainee, 
enemy prisoner of war/prisoner of war, or enemy 
combatant. 
(H) Information as to transfer to the juris-
diction of another country, including the iden-
tity of such country. 
(3) Information on the detention facilities and 
practices of the Department for the one-year period 
ending on the date of such report, including for each 
facility of the Department at which detainees were de-
tained by the Department during such period the fol-
lowing: 
(A) The name of such facility. 
(B) The location of such facility. 
(C) The number of detainees detained at 
such facility as of the end of such period. 
(D) The capacity of such facility.
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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 in-
formation’’— 
(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 re-
view— 
(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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(B) may take into account the results of any in-
vestigations or inquiries related to the Oil-for-Food 
program. 
(2) The head of each Executive agency shall fully co-
operate with the review under this subsection. 
(e) EXECUTIVE AGENCY DEFINED.—In this section, 
the term ‘‘Executive agency’’ has the meaning given that 
term in section 105 of title 5, United States Code. 
SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL PARTNER-
SHIP AGAINST THE SPREAD OF WEAPONS OF 
MASS DESTRUCTION. 
It is the sense of Congress that the President should 
be commended for the steps taken at the G–8 summit at 
Sea Island, Georgia, on June 8–10, 2004, to demonstrate 
continued support for the Global Partnership against the 
Spread of Nuclear Weapons and Materials of Mass Destruc-
tion and to expand the Partnership by welcoming new 
members and using the Partnership to coordinate non-
proliferation projects in Libya, Iraq, and other countries; 
and that the President should— 
(1) expand the membership of donor nations to 
the Partnership; 
(2) insure that Russia remains the primary 
partner of the Partnership while also seeking to fund
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through the Partnership efforts in other countries 
with potentially vulnerable weapons or materials; 
(3) develop for the Partnership clear program 
goals; 
(4) develop for the Partnership transparent 
project prioritization and planning; 
(5) develop for the Partnership project imple-
mentation milestones under periodic review; 
(6) develop under the Partnership agreements be-
tween partners for project implementation; and 
(7) give high priority and senior-level attention 
to resolving disagreements on site access and worker 
liability under the Partnership. 
SEC. 1059A. EXCEPTION TO BILATERAL AGREEMENT RE-
QUIREMENTS FOR TRANSFERS OF DEFENSE 
ITEMS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Close defense cooperation between the United 
States and each of the United Kingdom and Australia 
requires interoperability among the armed forces of 
those countries. 
(2) The need for interoperability must be bal-
anced with the need for appropriate and effective reg-
ulation of trade in defense items.
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(3) The Arms Export Control Act (22 U.S.C. 
2751 et seq.) authorizes the executive branch to ad-
minister arms export policies enacted by Congress in 
the exercise of its constitutional power to regulate 
commerce with foreign nations. 
(4) The executive branch has exercised its au-
thority under the Arms Export Control Act, in part, 
through the International Traffic in Arms Regula-
tions. 
(5) Agreements to gain exemption from the 
International Traffic in Arms Regulations must be 
submitted to Congress for review. 
(b) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Foreign Relations 
and the Committee on Armed Services of the 
Senate; and 
(B) the Committee on International Rela-
tions and the Committee on Armed Services of 
the House of Representatives. 
(2) DEFENSE ITEMS.—The term ‘‘defense items’’ 
has the meaning given the term in section 38 of the 
Arms Export Control Act (22 U.S.C. 2778).
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(3) INTERNATIONAL TRAFFIC IN ARMS REGULA-
TIONS.—The term ‘‘International Traffic in Arms 
Regulations’’ means the regulations maintained under 
parts 120 through 130 of title 22, Code of Federal 
Regulations, and any successor regulations. 
(c) EXCEPTIONS FROM BILATERAL AGREEMENT RE-
QUIREMENTS.— 
(1) IN GENERAL.—Subsection (j) of section 38 of 
the Arms Export Control Act (22 U.S.C. 2778) is 
amended— 
(A) by redesignating paragraph (4) as 
paragraph (5); and 
(B) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) EXCEPTIONS FROM BILATERAL AGREEMENT 
REQUIREMENTS.— 
‘‘(A) AUSTRALIA.—Subject to section 1055 
of the National Defense Authorization Act for 
Fiscal Year 2005, the requirements for a bilat-
eral agreement described in paragraph (2)(A) 
shall not apply to a bilateral agreement between 
the United States Government and the Govern-
ment of Australia with respect to transfers or 
changes in end use of defense items within Aus-
tralia that will remain subject to the licensing
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requirements of this Act after such agreement en-
ters into force. 
‘‘(B) UNITED KINGDOM.—Subject to section 
1055 of the National Defense Authorization Act 
for Fiscal Year 2005, the requirements for a bi-
lateral 
agreement 
described 
in 
paragraphs 
(1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not 
apply to a bilateral agreement between the 
United States Government and the Government 
of the United Kingdom for an exemption from 
the licensing requirements of this Act.’’. 
(2) CONFORMING AMENDMENT.—Paragraph (2) 
of such subsection is amended in the matter preceding 
subparagraph (A) by striking ‘‘A bilateral agreement’’ 
and inserting ‘‘Except as provided in paragraph (4), 
a bilateral agreement’’. 
(d) CERTIFICATIONS.—Not later than 30 days before 
authorizing an exemption from the licensing requirements 
of the International Traffic in Arms Regulations in accord-
ance with any bilateral agreement entered into with the 
United Kingdom or Australia under section 38(j) of the 
Arms Export Control Act (22 U.S.C. 2778(j)), as amended 
by subsection (c), the President shall certify to the appro-
priate congressional committees that such agreement—
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(1) is in the national interest of the United 
States and will not in any way affect the goals and 
policy of the United States under section 1 of the 
Arms Export Control Act (22 U.S.C. 2751); 
(2) does not adversely affect the efficacy of the 
International Traffic in Arms Regulations to provide 
consistent and adequate controls for licensed exports 
of United States defense items; and 
(3) will not adversely affect the duties or require-
ments of the Secretary of State under the Arms Ex-
port Control Act. 
(e) NOTIFICATION OF BILATERAL LICENSING EXEMP-
TIONS.—Not later than 30 days before authorizing an ex-
emption from the licensing requirements of the Inter-
national Traffic in Arms Regulations in accordance with 
any bilateral agreement entered into with the United King-
dom or Australia under section 38(j) of the Arms Export 
Control Act (22 U.S.C. 2778(j)), as amended by subsection 
(c), the President shall submit to the appropriate congres-
sional committees the text of the regulations that authorize 
such a licensing exemption. 
(f) REPORT ON CONSULTATION ISSUES.—Not later 
than one year after the date of the enactment of this Act 
and annually thereafter for each of the following 5 years, 
the President shall submit to the appropriate congressional
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committees a report on issues raised during the previous 
year in consultations conducted under the terms of any bi-
lateral agreement entered into with Australia under section 
38(j) of the Arms Export Control Act, or under the terms 
of any bilateral agreement entered into with the United 
Kingdom under such section, for exemption from the licens-
ing requirements of the Arms Export Control Act (22 
U.S.C. 2751 et seq.). Each report shall contain— 
(1) information on any notifications or consulta-
tions between the United States and the United King-
dom under the terms of any agreement with the 
United Kingdom, or between the United States and 
Australia under the terms of any agreement with 
Australia, concerning the modification, deletion, or 
addition of defense items on the United States Muni-
tions List, the United Kingdom Military List, or the 
Australian Defense and Strategic Goods List; 
(2) a list of all United Kingdom or Australia 
persons and entities that have been designated as 
qualified persons eligible to receive United States ori-
gin defense items exempt from the licensing require-
ments of the Arms Export Control Act under the 
terms of such agreements, and listing any modifica-
tion, deletion, or addition to such lists, pursuant to
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the requirements of any agreement with the United 
Kingdom or any agreement with Australia; 
(3) information on consultations or steps taken 
pursuant to any agreement with the United Kingdom 
or any agreement with Australia concerning coopera-
tion and consultation with either government on the 
effectiveness of the defense trade control systems of such 
government; 
(4) information on provisions and procedures 
undertaken pursuant to— 
(A) any agreement with the United King-
dom with respect to the handling of United 
States origin defense items exempt from the li-
censing requirements of the Arms Export Control 
Act by persons and entities qualified to receive 
such items in the United Kingdom; and 
(B) any agreement with Australia with re-
spect to the handling of United States origin de-
fense items exempt from the licensing require-
ments of the Arms Export Control Act by persons 
and entities qualified to receive such items in 
Australia; 
(5) information on any new understandings, in-
cluding the text of such understandings, between the 
United States and the United Kingdom concerning
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retransfer of United States origin defense items made 
pursuant to any agreement with the United Kingdom 
to gain exemption from the licensing requirements of 
the Arms Export Control Act; 
(6) information on consultations with the Gov-
ernment of the United Kingdom or the Government of 
Australia concerning the legal enforcement of any 
such agreements; 
(7) information on United States origin defense 
items with respect to which the United States has 
provided an exception under the Memorandum of Un-
derstanding between the United States and the United 
Kingdom and any agreement between the United 
States and Australia from the requirement for United 
States Government re-export consent that was not 
provided for under United States laws and regula-
tions in effect on the date of the enactment of this Act; 
and 
(8) information on any significant concerns that 
have arisen between the Government of Australia or 
the Government of the United Kingdom and the 
United States Government concerning any aspect of 
any bilateral agreement between such country and the 
United States to gain exemption from the licensing 
requirements of the Arms Export Control Act.
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(g) SPECIAL NOTIFICATIONS.— 
(1) REQUIRED
NOTIFICATIONS.—The Secretary 
of State shall notify the appropriate congressional 
committees not later than 90 days after receiving any 
credible information regarding an unauthorized end- 
use or diversion of United States exports of goods or 
services made pursuant to any agreement with a 
country to gain exemption from the licensing require-
ments of the Arms Export Control Act. The notifica-
tion shall be made in a manner that is consistent 
with any ongoing efforts to investigate and commence 
civil actions or criminal investigations or prosecu-
tions regarding such matters and may be made in 
classified or unclassified form. 
(2) CONTENT.—The notification regarding an 
unauthorized end-use or diversion of goods or services 
under paragraph (1) shall include— 
(A) a description of the goods or services; 
(B) the United States origin of the good or 
service; 
(C) the authorized recipient of the good or 
service; 
(D) a detailed description of the unauthor-
ized end-use or diversion, including any knowl-
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edge by the United States exporter of such unau-
thorized end-use or diversion; 
(E) any enforcement action taken by the 
Government of the United States; and 
(F) any enforcement action taken by the 
government of the recipient nation. 
SEC. 1059B. REDESIGNATION AND MODIFICATION OF AU-
THORITIES RELATING TO INSPECTOR GEN-
ERAL OF THE COALITION PROVISIONAL AU-
THORITY. 
(a) REDESIGNATION.—(1) Subsections (b) and (c)(1) 
of section 3001 of the Emergency Supplemental Appropria-
tions Act for Defense and Reconstruction of Iraq and Af-
ghanistan, 2004 (Public Law 108–106; 117 Stat. 1234; 5 
U.S.C. App. 3 section 8G note) are each amended by strik-
ing ‘‘Office of the Inspector General of the Coalition Provi-
sional Authority’’ and inserting ‘‘Office of the Special In-
spector General for Iraq Reconstruction’’. 
(2) Subsection (c)(1) of such section is further amended 
by striking ‘‘Inspector General of the Coalition Provisional 
Authority’’ and inserting ‘‘Special Inspector General for 
Iraq Reconstruction (in this section referred to as the ‘In-
spector General’)’’. 
(3)(A) The heading of such section is amended to read 
as follows:
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‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RE-
CONSTRUCTION.’’. 
(B) The heading of title III of such Act is amended 
to read as follows: 
‘‘TITLE III—SPECIAL INSPECTOR 
GENERAL FOR IRAQ RECON-
STRUCTION’’. 
(b) CONTINUATION IN OFFICE.—The individual serv-
ing as the Inspector General of the Coalition Provisional 
Authority as of the date of the enactment of this Act may 
continue to serve in that position after that date without 
reappointment under paragraph (1) of section 3001(c) of 
the Emergency Supplemental Appropriations Act for De-
fense and Reconstruction of Iraq and Afghanistan, 2004, 
but remaining subject to removal as specified in paragraph 
(4) of that section. 
(c) PURPOSES.—Subsection (a) of such section is 
amended— 
(1) in paragraph (1), by striking ‘‘of the Coali-
tion Provisional Authority (CPA)’’ and inserting 
‘‘funded with amounts appropriated or otherwise 
made available to the Iraq Relief and Reconstruction 
Fund’’; 
(2) in paragraph (2)(B), by striking ‘‘fraud’’ 
and inserting ‘‘waste, fraud,’’; and
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(3) in paragraph (3), by striking ‘‘the head of 
the Coalition Provisional Authority’’ and inserting 
‘‘the Secretary of State and the Secretary of Defense’’. 
(d) RESPONSIBILITIES
OF
ASSISTANT
INSPECTOR 
GENERAL FOR AUDITING.—Subsection (d)(1) of such sec-
tion is amended by striking ‘‘of the Coalition Provisional 
Authority’’ and inserting ‘‘supported by the Iraq Relief and 
Reconstruction Fund’’. 
(e) SUPERVISION.—Such section is further amended— 
(1) in subsection (e)(1), by striking ‘‘the head of 
the Coalition Provisional Authority’’ and inserting 
‘‘the Secretary of State and the Secretary of Defense’’; 
(2) in subsection (h)— 
(A) in paragraphs (4)(B) and (5), by strik-
ing ‘‘head of the Coalition Provisional Author-
ity’’ and inserting ‘‘Secretary of State’’; and 
(B) in paragraph (5), by striking ‘‘at the 
central and field locations of the Coalition Provi-
sional Authority’’ and inserting ‘‘at appropriate 
locations of the Department of State in Iraq’’; 
(3) in subsection (j)— 
(A) in paragraph (1), by striking ‘‘the head 
of the Coalition Provisional Authority’’ and in-
serting ‘‘the Secretary of State and the Secretary 
of Defense’’; and
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(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘the head of the 
Coalition Provisional Authority’’ the 
first place it appears and inserting 
‘‘the Secretary of State or the Sec-
retary of Defense’’; and 
(II) by striking ‘‘the head of the 
Coalition Provisional Authority con-
siders’’ the second place it appears and 
inserting ‘‘the Secretary of State or the 
Secretary of Defense, as the case may 
be, consider’’; and 
(ii) in subparagraph (B), by striking 
‘‘the head of the Coalition Provisional Au-
thority considers’’ and inserting ‘‘the Sec-
retary of State or the Secretary of Defense, 
as the case may be, consider’’; and 
(4) in subsection (k), by striking ‘‘the head of the 
Coalition Provisional Authority shall’’ each place it 
appears and inserting ‘‘the Secretary of State and the 
Secretary of Defense shall jointly’’. 
(f) DUTIES.—Subsection (f)(1) of such section is 
amended by striking ‘‘appropriated funds by the Coalition 
Provisional Authority in Iraq’’ and inserting ‘‘amounts ap-
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propriated or otherwise made available to the Iraq Relief 
and Reconstruction Fund’’. 
(g) COORDINATION WITH INSPECTOR GENERAL
OF 
DEPARTMENT OF STATE.—Subsection (f) of such section is 
further amended striking paragraphs (4) and (5) and in-
serting the following new paragraph (4): 
‘‘(4) In carrying out the duties, responsibilities, and 
authorities of the Inspector General under this section, the 
Inspector General shall coordinate with, and receive the co-
operation of, each of the following: 
‘‘(A) The Inspector General of the Department of 
Defense. 
‘‘(B) The Inspector General of the United States 
Agency for International Development. 
‘‘(C) The Inspector General of the Department of 
State.’’. 
(h) POWERS AND AUTHORITIES.—Subsection (g) of 
such section is amended by inserting before the period the 
following: ‘‘, including the authorities under subsection (e) 
of such section’’. 
(i) REPORTS.—Subsection (i) of such section is 
amended— 
(1) in paragraph (1)— 
(A) in the first sentence, by striking ‘‘and 
every calendar quarter thereafter,’’ and all that
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follows through ‘‘the Coalition Provisional Au-
thority’’ and inserting ‘‘again on July 30, 2004, 
and every calendar quarter thereafter, the In-
spector General shall submit to the appropriate 
committees of Congress a report summarizing the 
activities of the Inspector General and the pro-
grams and operations funded with amounts ap-
propriated or otherwise made available to the 
Iraq Relief and Reconstruction Fund’’; 
(B) in subparagraph (B), by striking ‘‘the 
Coalition Provisional Authority’’ and inserting 
‘‘the Department of Defense, the Department of 
State, and the United States Agency for Inter-
national Development, as applicable,’’; 
(C) in subparagraph (E), by striking ‘‘ap-
propriated 
funds’’ 
and 
inserting 
‘‘such 
amounts’’; and 
(D) in subparagraph (F), by striking ‘‘the 
Coalition Provisional Authority’’ and inserting 
‘‘the contracting department or agency’’; 
(2) in paragraph (2), by striking ‘‘by the Coali-
tion Provisional Authority’’ and inserting ‘‘by any 
department or agency of the United States Govern-
ment that involves the use of amounts appropriated
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or otherwise made available to the Iraq Relief and 
Reconstruction Fund’’; 
(3) in paragraph (3), by striking ‘‘June 30, 
2004’’ and inserting ‘‘July 30, 2004’’; and 
(4) in paragraph (4), by striking ‘‘the Coalition 
Provisional Authority’’ and inserting ‘‘the Depart-
ment of State and of the Department of Defense’’. 
(j) TERMINATION.—Subsection (o) of such section is 
amended to read as follows: 
‘‘(o) TERMINATION.—The Office of the Inspector Gen-
eral shall terminate on the date that is 10 months after 
the date, as determined by the Secretary of State, on which 
80 percent of the amounts appropriated or otherwise made 
available to the Iraq Relief and Reconstruction Fund by 
chapter 2 of title II of this Act have been obligated.’’. 
SEC. 1059C. TREATMENT OF FOREIGN PRISONERS. 
(a) POLICY.—(1) It is the policy of the United States 
to treat all foreign persons captured, detained, interned or 
otherwise held in the custody of the United States (herein-
after ‘‘prisoners’’) humanely and in accordance with stand-
ards that the United States would consider legal if per-
petrated by the enemy against an American prisoner. 
(2) It is the policy of the United States that all 
officials of the United States are bound both in war-
time and in peacetime by the legal prohibition
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against torture, cruel, inhuman or degrading treat-
ment. 
(3) If there is any doubt as to whether prisoners 
are entitled to the protections afforded by the Geneva 
Conventions, such prisoners shall enjoy the protections 
of the Geneva Conventions until such time as their 
status can be determined pursuant to the procedures 
authorized by Army Regulation 190–8, Section 1–6. 
(4) It is the policy of the United States to expe-
ditiously prosecute cases of terrorism or other crimi-
nal acts alleged to have been committed by prisoners 
in the custody of the United States Armed Forces at 
Guantanamo Bay, Cuba, in order to avoid the indefi-
nite detention of prisoners, which is contrary to the 
legal principles and security interests of the United 
States. 
(b) REPORTING.—The Department of Defense shall 
submit to the appropriate congressional committees: 
(1) A quarterly report providing the number of 
prisoners who were denied Prisoner of War (POW) 
status under the Geneva Conventions and the basis for 
denying POW status to each such prisoner. 
(2) A report setting forth—
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(A) the proposed schedule for military com-
missions to be held at Guantanamo Bay, Cuba; 
and 
(B) the number of individuals currently 
held at Guantanamo Bay, Cuba, the number of 
such individuals who are unlikely to face a mili-
tary commission in the next six months, and the 
reason(s) for not bringing such individuals before 
a military commission. 
(3) All International Committee of the Red Cross 
reports, completed prior to the enactment of this Act, 
concerning the treatment of prisoners in United 
States custody at Guantanamo Bay, Cuba, Iraq, and 
Afghanistan. Such ICRC reports should be provided, 
in classified form, not later than 15 days after enact-
ment of this Act. 
(4) A report setting forth all prisoner interroga-
tion techniques approved by officials of the United 
States. 
(c) ANNUAL TRAINING REQUIREMENT.—The Depart-
ment of Defense shall certify that all Federal employees and 
civilian contractors engaged in the handling and/or interro-
gating of prisoners have fulfilled an annual training re-
quirement on the laws of war, the Geneva Conventions and
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the obligations of the United States under international hu-
manitarian law. 
Subtitle G—Other Matters 
SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFINI-
TIONS OF GENERAL APPLICABILITY IN TITLE 
10, UNITED STATES CODE. 
(a) CLARIFICATION OF DEFINITION OF ‘‘OPERATIONAL 
RANGE’’.—Section 101(e)(3) of title 10, United States Code, 
is amended by striking ‘‘Secretary of Defense’’ and insert-
ing ‘‘Secretary of a military department’’. 
(b) AMENDMENTS RELATING TO DEFINITION OF CON-
GRESSIONAL DEFENSE COMMITTEES.—(1) Section 2215 of 
title 10, United States Code, is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘(a) CERTIFICATION RE-
QUIRED.—’’; and 
(ii) by striking ‘‘congressional committees 
specified in subsection (b)’’ and inserting ‘‘con-
gressional defense committees’’; and 
(B) by striking subsection (b). 
(2) Section 2515(d) of such title is amended— 
(A) by striking ‘‘REPORT.—(1)’’ and inserting 
‘‘REPORT.—’’;
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(B) by striking ‘‘congressional committees speci-
fied in paragraph (2)’’ and inserting ‘‘congressional 
defense committees’’; and 
(C) by striking paragraph (2). 
(3) Section 2676(d) of such title is amended by strik-
ing ‘‘appropriate committees of Congress’’ in the first sen-
tence and inserting ‘‘congressional defense committees’’. 
SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SEC-
RETARY OF DEFENSE TO ENGAGE IN COM-
MERCIAL ACTIVITIES AS SECURITY FOR IN-
TELLIGENCE 
COLLECTION 
ACTIVITIES 
ABROAD. 
Section 431(a) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2004’’ and inserting 
‘‘December 31, 2006’’. 
SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUN-
TARILY 
PROVIDING 
MARITIME-RELATED 
SERVICES ACCEPTED BY THE NAVY. 
Section 1588(d)(1) of title 10, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(F) In the case of a person aboard a sailing 
vessel of the Navy to engage in the training of Navy 
personnel or in a competition involving Navy per-
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sonnel, the following provisions of law relating to 
claims in admiralty for damages or loss: 
‘‘(i) The Act entitled ‘An Act authorizing 
suits against the United States in admiralty, 
suits for salvage services, and providing for the 
release of merchant vessels belonging to the 
United States from arrest and attachment in for-
eign jurisdictions, and for other purposes’, ap-
proved March 9, 1920 (commonly known as the 
‘Suits in Admiralty Act’) (46 U.S.C. App. 741 
et seq.). 
‘‘(ii) The Act entitled ‘An Act authorizing 
suits against the United States in admiralty for 
damage caused by and salvage services rendered 
to public vessels belonging to the United States, 
and for other purposes’, approved March 3, 1925 
(commonly known as the ‘Public Vessels Act’) 
(46 U.S.C. App. 781 et seq.).’’. 
SEC. 1064. 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:
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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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ceed 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 obligations 
in such fiscal year and the following two fiscal years. 
‘‘(e) DEFINITIONS.—In this section, the terms ‘trade-
mark’, ‘service mark’, ‘certification mark’, and ‘collective 
mark’ have the meanings given such terms in section 45 
of the Act entitled ‘An Act to provide for the registration 
and protection of trademarks used in commerce, to carry 
out the provisions of certain international conventions, and 
for other purposes’, approved July 5, 1946 (commonly re-
ferred to as the ‘Trademark Act of 1946’) (15 U.S.C. 
1127).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2260. Licensing of intellectual property: retention of fees.’’. 
SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRA-
TION PROJECT. 
Section 1604(a) of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 
1277; 42 U.S.C. 1973ff note) is amended— 
(1) in paragraph (1), by striking ‘‘2002’’ and in-
serting ‘‘2006’’; and 
(2) in paragraph (2)—
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(A) by striking ‘‘2002’’ and inserting 
‘‘2006’’; and 
(B) by striking ‘‘2004’’ and inserting 
‘‘2008’’. 
SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE 
VESSELS. 
(a) EXTENSION OF AUTHORITY.—Section 1214 of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1294) is 
amended by striking ‘‘June 30, 2005’’ and inserting ‘‘De-
cember 31, 2008’’. 
(b) INVESTMENT OF FUNDS EXCESS TO SHORT-TERM 
NEEDS.—Section 1208 of such Act (46 U.S.C. App. 1288) 
is amended— 
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) in subsection (a), by striking ‘‘Upon the re-
quest of the Secretary of Transportation,’’ and all 
that follows and inserting the following: 
‘‘(b)(1) The Secretary of Transportation may request 
the Secretary of the Treasury to invest such portion of the 
insurance fund under subsection (a) as is not, in the judg-
ment of the Secretary of Transportation, required to meet 
the current needs of the fund. The Secretary of the Treasury 
may make the requested investments.
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‘‘(2) Investments under paragraph (1) shall be made 
in public debt securities of the United States that— 
‘‘(A) mature at times suitable to the needs of the 
insurance fund; and 
‘‘(B) bear interest rates determined by the Sec-
retary of the Treasury, taking into consideration cur-
rent market yields on outstanding marketable obliga-
tions of the United States of comparable maturity. 
‘‘(3) The interest and benefits accruing from securities 
under this subsection shall be deposited to the credit of the 
insurance fund.’’. 
SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIRE-
MENT CONCERNING PAYMENTS FOR DIS-
TRICT OF COLUMBIA WATER AND SEWER 
SERVICES AND ESTABLISHMENT OF ANNUAL 
REPORT BY TREASURY. 
(a) WATER AND WATER SERVICE SUPPLIED FOR THE 
USE OF THE GOVERNMENT OF THE UNITED STATES.—Sec-
tion 106(b)(5) of the District of Columbia Public Works Act 
of 1954 (sec. 34–2401.25(b), D.C. Official Code), as amend-
ed by section 401 of the Miscellaneous Appropriations Act, 
2001 (as enacted by reference in section 1(a)(4) of the Con-
solidated Appropriations Act, 2001), is amended to read as 
follows:
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‘‘(5) Not later than the 15th day of the month following 
the beginning of the fiscal year (beginning with fiscal year 
2005), the Secretary of the Treasury with respect to each 
Federal department, establishment, or agency receiving 
water services from the District of Columbia shall submit 
a report to the Committee on Government Reform of the 
House of Representatives, the Committee on Governmental 
Affairs of the Senate, and the Committees on Appropria-
tions of the House of Representatives and Senate analyzing 
the promptness of payment with respect to the services fur-
nished to such department, establishment, or agency.’’. 
(b) SANITARY SEWER SERVICE CHARGES FOR UNITED 
STATES GOVERNMENT.—Section 212(b)(5) of the District of 
Columbia Public Works Act of 1954 (sec. 34–2112(b), D.C. 
Official Code), as amended by section 401 of the Miscella-
neous Appropriations Act, 2001 (as enacted by reference in 
section 1(a)(4) of the Consolidated Appropriations Act, 
2001), is amended to read as follows: 
‘‘(5) Not later than the 15th day of the month following 
the beginning of the fiscal year (beginning with fiscal year 
2005), the Secretary of the Treasury with respect to each 
Federal department, establishment, or agency receiving san-
itary sewer services from the District of Columbia shall sub-
mit a report to the Committee on Government Reform of 
the House of Representatives, the Committee on Govern-
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mental Affairs of the Senate, and the Committees on Appro-
priations of the House of Representatives and Senate ana-
lyzing the promptness of payment with respect to the serv-
ices furnished to such department, establishment, or agen-
cy.’’. 
SEC. 1068. RECEIPT OF PAY BY RESERVES FROM CIVILIAN 
EMPLOYERS WHILE ON ACTIVE DUTY IN CON-
NECTION WITH A CONTINGENCY OPERATION. 
Section 209 of title 18, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(h) This section does not prohibit a member of the 
reserve components of the armed forces on active duty pur-
suant to a call or order to active duty under a provision 
of law referred to in section 101(a)(13) of title 10 from re-
ceiving from any person that employed such member before 
the call or order to active duty any payment of any part 
of the salary or wages that such person would have paid 
the member if the member’s employment had not been inter-
rupted by such call or order to active duty.’’. 
SEC. 1069. PROTECTION OF ARMED FORCES PERSONNEL 
FROM RETALIATORY ACTIONS FOR COMMU-
NICATIONS MADE THROUGH THE CHAIN OF 
COMMAND. 
(a) 
PROTECTED
COMMUNICATIONS.—Section 
1034(b)(1)(B) of title 10, United States Code, is amended—
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(1) by striking ‘‘or’’ at the end of clause (iii)’’; 
and 
(2) by striking clause (iv) and inserting the fol-
lowing: 
‘‘(iv) any person or organization in the 
chain of command; or 
‘‘(v) any other person or organization des-
ignated pursuant to regulations or other estab-
lished administrative procedures for such com-
munications.’’. 
(b) EFFECTIVE DATE AND APPLICABILITY.—This sec-
tion and the amendments made by this section shall take 
effect on the date of the enactment of this Act and shall 
apply with respect to any unfavorable personnel action 
taken or threatened, and any withholding of or threat to 
withhold a favorable personnel action, on or after that date. 
SEC. 1070. MISSILE DEFENSE COOPERATION. 
(a) DEPARTMENT OF STATE PROCEDURES FOR EXPE-
DITED REVIEW OF LICENSES FOR THE TRANSFER OF DE-
FENSE ITEMS RELATED TO MISSILE DEFENSE.— 
(1) EXPEDITED PROCEDURES.—The Secretary of 
State shall, in consultation with the Secretary of De-
fense, establish procedures for considering technical 
assistance agreements and related amendments and 
munitions license applications for the export of de-
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fense items related to missile defense not later than 30 
days after receiving such agreements, amendments, 
and munitions license applications, except in cases in 
which the Secretary of State determines that addi-
tional time is required to complete a review of a tech-
nical assistance agreement or related amendment or 
a munitions license application for foreign policy or 
national security reasons, including concerns regard-
ing the proliferation of ballistic missile technology. 
(2) STUDY
ON
COMPREHENSIVE
AUTHORIZA-
TIONS
FOR
MISSILE
DEFENSE.—The Secretary of 
State shall, in consultation with the Secretary of De-
fense, examine the feasibility of providing major 
project authorizations for programs related to missile 
defense similar to the comprehensive export authoriza-
tion specified in section 126.14 of the International 
Traffic in Arms Regulations (section 126.14 of title 
22, Code of Federal Regulations). 
(3) REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of 
State shall, in consultation with the Secretary of De-
fense, submit to the Committee on Foreign Relations 
and the Committee on Armed Services of the Senate 
and the Committee on International Relations and
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the Committee on Armed Services of the House of 
Representatives a report on— 
(A) the implementation of the expedited 
procedures required under paragraph (1); and 
(B) the feasibility of providing the major 
project authorization for projects related to mis-
sile defense described in paragraph (2). 
(b) DEPARTMENT OF DEFENSE PROCEDURES FOR EX-
PEDITED REVIEW OF LICENSES FOR THE TRANSFER OF 
DEFENSE ITEMS RELATED TO MISSILE DEFENSE.— 
(1) PROCEDURES.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall, in consultation with the Sec-
retary of State, prescribe procedures to increase the 
efficiency and transparency of the practices used by 
the Department of Defense to review technical assist-
ance agreements and related amendments and muni-
tions license applications related to international co-
operation on missile defense that are referred to the 
Department. 
(2) REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretary of State, 
shall submit to the Committee on Armed Services and 
the Committee on Foreign Relations of the Senate and
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the Committee on Armed Services and the Committee 
on International Relations of the House of Represent-
atives a report— 
(A) describing actions taken by the Sec-
retary of Defense to coordinate with the Sec-
retary of State the establishment of the expedited 
review process described in subsection (a)(1); 
(B) identifying key defense items related to 
missile defense that are suitable for comprehen-
sive licensing procedures; and 
(C) describing the procedures prescribed 
pursuant to paragraph (1). 
(c) DEFINITION OF DEFENSE ITEMS.—In this section, 
the term ‘‘defense items’’ has the meaning given that term 
in section 38(j)(4)(A) of the Arms Export Control Act (22 
U.S.C. 2778(j)(4)(A)). 
SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC 
MISSILES. 
(a) POLICY.—It is the policy of the United States to 
develop, support, and strengthen international accords and 
other cooperative efforts to curtail the proliferation of bal-
listic missiles and related technologies which could threaten 
the territory of the United States, allies and friends of the 
United States, and deployed members of the Armed Forces 
of the United States with weapons of mass destruction.
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(b) SENSE OF CONGRESS.—(1) Congress makes the fol-
lowing findings: 
(A) Certain countries are seeking to acquire bal-
listic missiles and related technologies that could be 
used to attack the United States or place at risk 
United States interests, forward-deployed members of 
the Armed Forces, and allies and friends of the 
United States. 
(B) Certain countries continue to actively trans-
fer or sell ballistic missile technologies in contraven-
tion of standards of behavior established by the 
United States and allies and friends of the United 
States. 
(C) The spread of ballistic missiles and related 
technologies worldwide has been slowed by a combina-
tion of national and international export controls, 
forward-looking diplomacy, and multilateral interdic-
tion activities to restrict the development and transfer 
of such weapons and technologies. 
(2) It is the sense of Congress that— 
(A) the United States should vigorously pursue 
foreign policy initiatives aimed at eliminating, reduc-
ing, or retarding the proliferation of ballistic missiles 
and related technologies; and
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(B) the United States and the international com-
munity should continue to support and strengthen es-
tablished international accords and other cooperative 
efforts, including United Nations Security Council 
Resolution 1540 and the Missile Technology Control 
Regime, that are designed to eliminate, reduce, or re-
tard the proliferation of ballistic missiles and related 
technologies. 
SEC. 1072. REIMBURSEMENT FOR CERTAIN PROTECTIVE, 
SAFETY, 
OR 
HEALTH 
EQUIPMENT 
PUR-
CHASED BY OR FOR MEMBERS OF THE ARMED 
FORCES FOR DEPLOYMENT IN OPERATIONS 
IN IRAQ AND CENTRAL ASIA. 
(a) REIMBURSEMENT REQUIRED.—(1) Subject to sub-
sections (c) and (d), the Secretary of Defense shall reim-
burse a member of the Armed Forces, or a person or entity 
referred to in paragraph (2), for the cost (including ship-
ping cost) of any protective, safety, or health equipment 
that was purchased by such member, or such person or enti-
ty on behalf of such member, before or during the deploy-
ment of such member in Operation Noble Eagle, Operation 
Enduring Freedom, or Operation Iraqi Freedom for the use 
of such member in connection with such operation if the 
unit commander of such member certifies that such equip-
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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
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(known as HUMVEEs), reimbursement shall be made under 
subsection (a) only for armor or equipment purchased dur-
ing the period beginning on September 11, 2001, and end-
ing on July 31, 2004 or any date thereafter as determined 
by the Secretary of Defense. 
(2) In the case of any other protective, safety, and 
health equipment, reimbursement shall be made under sub-
section (a) only for equipment purchased during the period 
beginning on September 11, 2001, and ending on December 
31, 2003 or any date thereafter as determined by the Sec-
retary of Defense. 
(d) LIMITATION REGARDING AMOUNT OF REIMBURSE-
MENT.—The aggregate amount of reimbursement provided 
under subsection (a) for any protective, safety, and health 
equipment purchased by or on behalf of any given member 
of the Armed Forces may not exceed the lesser of— 
(1) the cost of such equipment (including ship-
ping cost); or 
(2) $1,100. 
(e) OWNERSHIP OF EQUIPMENT.—The Secretary may 
provide, in regulations prescribed by the Secretary, that the 
United States shall assume title or ownership of any protec-
tive, safety, or health equipment for which reimbursement 
is provided under subsection (a).
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(f) FUNDING.—Amounts for reimbursements under 
subsection (a) shall be derived from any amounts authorized 
to be appropriated by this Act. 
SEC. 1073. PRESERVATION OF SEARCH AND RESCUE CAPA-
BILITIES OF THE FEDERAL GOVERNMENT. 
The Secretary of Defense may not reduce or eliminate 
search and rescue capabilities at any military installation 
in the United States unless the Secretary first certifies to 
the Committees on Armed Services of the Senate and the 
House of Representatives that equivalent search and rescue 
capabilities will be provided, without interruption and con-
sistent with the policies and objectives set forth in the 
United States National Search and Rescue Plan entered 
into force on January 1, 1999, by— 
(1) the Department of Interior, the Department 
of Commerce, the Department of Homeland Security, 
the Department of Transportation, the Federal Com-
munications Commission, or the National Aero-
nautics and Space Administration; or 
(2) the Department of Defense, either directly or 
through a Department of Defense contract with an 
emergency medical service provider or other private 
entity to provide such capabilities.
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SEC. 1074. GRANT OF FEDERAL CHARTER TO KOREAN WAR 
VETERANS ASSOCIATION, INCORPORATED. 
(a) GRANT OF CHARTER.—Part B of subtitle II of title 
36, United States Code, is amended— 
(1) by striking the following: 
‘‘CHAPTER 1201—[RESERVED]’’; and 
(2) by inserting the following: 
‘‘CHAPTER 1201—KOREAN WAR VETERANS 
ASSOCIATION, INCORPORATED 
‘‘Sec. 
‘‘120101. Organization. 
‘‘120102. Purposes. 
‘‘120103. Membership. 
‘‘120104. Governing body. 
‘‘120105. Powers. 
‘‘120106. Restrictions. 
‘‘120107. Duty to maintain corporate and tax-exempt status. 
‘‘120108. Records and inspection. 
‘‘120109. Service of process. 
‘‘120110. Liability for acts of officers and agents. 
‘‘120111. Annual report. 
‘‘§ 120101. Organization 
‘‘(a) FEDERAL CHARTER.—Korean War Veterans As-
sociation, Incorporated (in this chapter, the ‘corporation’), 
incorporated in the State of New York, is a federally char-
tered corporation. 
‘‘(b) EXPIRATION OF CHARTER.—If the corporation 
does not comply with the provisions of this chapter, the 
charter granted by subsection (a) expires.
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‘‘§ 120102. Purposes 
‘‘The purposes of the corporation are as provided in 
its articles of incorporation and include— 
‘‘(1) organizing, promoting, and maintaining for 
benevolent and charitable purposes an association of 
persons who have seen honorable service in the Armed 
Forces during the Korean War, and of certain other 
persons; 
‘‘(2) providing a means of contact and commu-
nication among members of the corporation; 
‘‘(3) promoting the establishment of, and estab-
lishing, war and other memorials commemorative of 
persons who served in the Armed Forces during the 
Korean War; and 
‘‘(4) aiding needy members of the corporation, 
their wives and children, and the widows and chil-
dren of persons who were members of the corporation 
at the time of their death. 
‘‘§ 120103. Membership 
‘‘Eligibility for membership in the corporation, and 
the rights and privileges of members of the corporation, are 
as provided in the bylaws of the corporation. 
‘‘§ 120104. Governing body 
‘‘(a) BOARD OF DIRECTORS.—The board of directors 
of the corporation, and the responsibilities of the board of
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directors, are as provided in the articles of incorporation 
of the corporation. 
‘‘(b) OFFICERS.—The officers of the corporation, and 
the election of the officers of the corporation, are as provided 
in the articles of incorporation. 
‘‘§ 120105. Powers 
‘‘The corporation has only the powers provided in its 
bylaws and articles of incorporation filed in each State in 
which it is incorporated. 
‘‘§ 120106. Restrictions 
‘‘(a) STOCK AND DIVIDENDS.—The corporation may 
not issue stock or declare or pay a dividend. 
‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a 
director or officer of the corporation as such, may not con-
tribute to, support, or participate in any political activity 
or in any manner attempt to influence legislation. 
‘‘(c) LOAN.—The corporation may not make a loan to 
a director, officer, or employee of the corporation. 
‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim congressional 
approval, or the authority of the United States, for any of 
its activities.
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‘‘§ 120107. Duty to maintain corporate and tax-exempt 
status 
‘‘(a) CORPORATE STATUS.—The corporation shall 
maintain its status as a corporation incorporated under 
the laws of the State of New York. 
‘‘(b) TAX-EXEMPT STATUS.—The corporation shall 
maintain its status as an organization exempt from tax-
ation under the Internal Revenue Code of 1986 (26 U.S.C. 
1 et seq.). 
‘‘§ 120108. Records and inspection 
‘‘(a) RECORDS.—The corporation shall keep— 
‘‘(1) correct and complete records of account; 
‘‘(2) minutes of the proceedings of its members, 
board of directors, and committees having any of the 
authority of its board of directors; and 
‘‘(3) at its principal office, a record of the names 
and addresses of its members entitled to vote on mat-
ters relating to the corporation. 
‘‘(b) INSPECTION.—A member entitled to vote on mat-
ters relating to the corporation, or an agent or attorney 
of the member, may inspect the records of the corporation 
for any proper purpose, at any reasonable time. 
‘‘§ 120109. Service of process 
‘‘The corporation shall have a designated agent in the 
District of Columbia to receive service of process for the cor-
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poration. Notice to or service on the agent is notice to or 
service on the Corporation. 
‘‘§ 120110. Liability for acts of officers and agents 
‘‘The corporation is liable for the acts of its officers 
and agents acting within the scope of their authority. 
‘‘§ 120111. Annual report 
‘‘The corporation shall submit an annual report to 
Congress on the activities of the corporation during the pre-
ceding fiscal year. The report shall be submitted at the same 
time as the report of the audit required by section 10101 
of this title. The report may not be printed as a public docu-
ment.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters at 
the beginning of subtitle II of title 36, United States Code, 
is amended by striking the item relating to chapter 1201 
and inserting the following new item: 
‘‘1201. Korean War Veterans Association, Incorporated ..............................120101’’. 
SEC. 1075. COORDINATION OF USERRA WITH THE INTERNAL 
REVENUE CODE OF 1986. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Employers of reservists called up for active 
duty are required to treat them as if they are on a 
leave of absence or furlough under the Uniformed 
Services Employment and Reemployment Rights Act 
of 1994 (in this section referred to as ‘‘USERRA’’).
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(2) USERRA does not require employers to pay 
reservists who are on active duty, but many employ-
ers pay the reservists the difference between their 
military stipends and their regular salaries. Some 
employers provide this ‘‘differential pay’’ for up to 3 
years. 
(3) For employee convenience, many of these em-
ployers also allow deductions from the differential 
payments for contributions to employer-provided re-
tirement savings plans. 
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Internal Revenue Service should, to the extent 
it is able within its authority, provide guidance consistent 
with the goal of promoting and ensuring the validity of vol-
untary differential pay arrangements, benefits payments, 
and contributions to retirement savings plans related there-
to. 
SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The National Interagency Fire Center does 
not possess an adequate number of aircraft for use in 
aerial firefighting and personnel at the Center rely on 
military aircraft to provide such firefighting services. 
(2) It is in the national security interest of the 
United States for the National Interagency Fire Cen-
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ter to purchase aircraft for use in aerial firefighting 
so that military aircraft used for aerial firefighting 
may be available for use by the Armed Forces. 
(b) AUTHORITY TO PURCHASE AERIAL FIREFIGHTING 
EQUIPMENT.—(1) The Secretary of Agriculture is author-
ized to purchase 10 aircraft, as described in paragraph (2), 
for the National Interagency Fire Center for use in aerial 
firefighting. 
(2) The aircraft referred to in paragraph (1) shall be— 
(A) aircraft that are specifically designed and 
built for aerial firefighting; 
(B) certified by the Administrator of the Federal 
Aviation Administration for use in aerial fire-
fighting; and 
(C) manufactured in a manner that is consistent 
with the recommendations for aircraft used in aerial 
firefighting contained in— 
(i) the Blue Ribbon Panel Report to the 
Chief of the Forest Service and the Director of 
the Bureau of Land Management dated Decem-
ber 2002; and 
(ii) the Safety Recommendation of the 
Chairman of the National Transportation Safety 
Board related to aircraft used in aerial fire-
fighting dated April 23, 2004.
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(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Agri-
culture for fiscal year 2005 such funds as may be necessary 
to purchase the 10 aircraft described in subsection (b). 
SEC. 1077. SENSE OF SENATE ON AMERICAN FORCES RADIO 
AND TELEVISION SERVICE. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) It is the mission of the American Forces 
Radio and Television Service to provide United 
States military commanders overseas and at sea with 
a broadcast media resource to effectively communicate 
Department of Defense, Service-unique, theater, and 
local command information to personnel under their 
commands and to provide United States military 
members, Department of Defense civilians, and their 
families stationed outside the continental United 
States and at sea with the same type and quality of 
American radio and television news, information, 
sports, and entertainment that would be available to 
them if they were in the continental United States. 
(2) Key principles of American Forces Radio 
and Television Service broadcasting policy, as out-
lined in Department of Defense Regulation 5120.20R, 
are to ensure political programming characterized by
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fairness and balance and to provide a free flow of po-
litical programming from United States commercial 
and public networks without manipulation or censor-
ship of any news content to the men and women of 
the Armed Forces and their dependents. 
(3) The stated policy of the American Forces 
Radio and Television Service is to select program-
ming that represents a cross-section of popular Amer-
ican radio and television offerings and to emulate 
stateside scheduling and programming seen and heard 
in the United States. 
(4) It is the policy of American Forces Radio 
and Television Service to select news and public af-
fairs programs for airing that provide balance and 
diversity from available nationally recognized pro-
gram sources, including broadcast and cable networks, 
Headquarters, American Forces Radio and Television 
Service, the military departments, and other govern-
ment or public service agencies. 
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the mission statement and policies of the American 
Forces Radio and Television Service appropriately state the 
goal of maintaining equal opportunity balance with respect 
to political programming and that the Secretary of Defense 
should therefore ensure that these policies are fully being
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implemented by developing appropriate methods of over-
sight to ensure presentation of all sides of important public 
questions with the fairness and balance envisioned by the 
Department of Defense throughout the American Forces 
Radio and Television Service system. 
SEC. 1078. SENSE OF CONGRESS ON AMERICA’S NATIONAL 
WORLD WAR I MUSEUM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Liberty Memorial Museum in Kansas 
City, Missouri, was built in 1926 in honor of those 
individuals who served in World War I in defense of 
liberty and the Nation. 
(2) The Liberty Memorial Association, a non-
profit organization which originally built the Liberty 
Memorial Museum, is responsible for the finances, op-
erations, and collections management of the Liberty 
Memorial Museum. 
(3) The Liberty Memorial Museum is the only 
public museum in the Nation that exists for the exclu-
sive purpose of interpreting the experiences of the 
United States and its allies in the World War I years 
(1914–1918), both on the battlefield and on the home 
front. 
(4) The Liberty Memorial Museum project began 
after the 1918 Armistice through the efforts of a large-
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scale, grass-roots civic and fundraising effort by the 
citizens and veterans of the Kansas City metropolitan 
area. After the conclusion of a national architectural 
design competition, ground was broken in 1921, con-
struction began in 1923, and the Liberty Memorial 
Museum was opened to the public in 1926. 
(5) In 1994, the Liberty Memorial Museum 
closed for a massive restoration and expansion 
project. The restored museum reopened to the public 
on Memorial Day, 2002, during a gala rededication 
ceremony. 
(6) Exhibits prepared for the original museum 
buildings presaged the dramatic, underground expan-
sion of core exhibition gallery space, with over 30,000 
square feet of new interpretive and educational exhib-
its currently in development. The new exhibits, along 
with an expanded research library and archives, will 
more fully utilize the many thousands of historical 
objects, books, maps, posters, photographs, diaries, let-
ters, and reminiscences of World War I participants 
that are preserved for posterity in the Liberty Memo-
rial Museum’s collections. The new core exhibition is 
scheduled to open on Veterans Day, 2006. 
(7) The City of Kansas City, the State of Mis-
souri, and thousands of private donors and philan-
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thropic foundations have contributed millions of dol-
lars to build and later to restore this national treas-
ure. The Liberty Memorial Museum continues to re-
ceive the strong support of residents from the States 
of Missouri and Kansas and across the Nation. 
(8) Since the restoration and rededication of 
2002, the Liberty Memorial Museum has attracted 
thousands of visitors from across the United States 
and many foreign countries. 
(9) There remains a need to preserve in a mu-
seum setting evidence of the honor, courage, patriot-
ism, and sacrifice of those Americans who offered 
their services and who gave their lives in defense of 
liberty during World War I, evidence of the roles of 
women and African Americans during World War I, 
and evidence of other relevant subjects. 
(10) The Liberty Memorial Museum seeks to edu-
cate a diverse group of audiences through its com-
prehensive collection of historical materials, empha-
sizing eyewitness accounts of the participants on the 
battlefield and the home front and the impact of 
World War I on individuals, then and now. The Lib-
erty Memorial Museum continues to actively acquire 
and preserve such materials.
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(11) A great opportunity exists to use the invalu-
able resources of the Liberty Memorial Museum to 
teach the ‘‘Lessons of Liberty’’ to the Nation’s school-
children through on-site visits, classroom curriculum 
development, distance learning, and other educational 
initiatives. 
(12) The Liberty Memorial Museum should al-
ways be the Nation’s museum of the national experi-
ence in the World War I years (1914–1918), where 
people go to learn about this critical period and 
where the Nation’s history of this monumental strug-
gle will be preserved so that generations of the 21st 
century may understand the role played by the 
United States in the preservation and advancement of 
democracy, freedom, and liberty in the early 20th cen-
tury. 
(13) This initiative to recognize and preserve the 
history of the Nation’s sacrifices in World War I will 
take on added significance as the Nation approaches 
the centennial observance of this event. 
(14) It is fitting and proper to refer to the Lib-
erty Memorial Museum as ‘‘America’s National World 
War I Museum’’. 
(b) SENSE OF CONGRESS.—Congress—
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(1) recognizes the Liberty Memorial Museum in 
Kansas City, Missouri, including the museum’s future 
and expanded exhibits, collections, library, archives, 
and educational programs, as ‘‘America’s National 
World War I Museum’’; 
(2) recognizes that the continuing collection, 
preservation, and interpretation of the historical ob-
jects and other historical materials held by the Lib-
erty Memorial Museum enhance the knowledge and 
understanding of the Nation’s people of the American 
and allied experience during the World War I years 
(1914–1918), both on the battlefield and on the home 
front; 
(3) commends the ongoing development and visi-
bility of ‘‘Lessons of Liberty’’ educational outreach 
programs for teachers and students throughout the 
Nation; and 
(4) encourages the need for present generations to 
understand the magnitude of World War I, how it 
shaped the Nation, other countries, and later world 
events, and how the sacrifices made then helped pre-
serve liberty, democracy, and other founding prin-
ciples for generations to come.
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SEC. 1079. REDUCTION OF BARRIERS FOR HISPANIC-SERV-
ING INSTITUTIONS IN DEFENSE CONTRACTS, 
DEFENSE RESEARCH PROGRAMS, AND OTHER 
MINORITY-RELATED DEFENSE PROGRAMS. 
Section 502(a)(5)(C) of the Higher Education Act of 
1965 (20 U.S.C. 1101a(a)(5)(C)) is amended by inserting 
before the period the following: ‘‘, which assurances— 
‘‘(i) may employ statistical extrapo-
lation using appropriate data from the Bu-
reau of the Census or other appropriate 
Federal or State sources; and 
‘‘(ii) the Secretary shall consider as 
meeting the requirements of this subpara-
graph, unless the Secretary determines, 
based on a preponderance of the evidence, 
that the assurances do not meet the require-
ments’’. 
SEC. 1080. EXTENSION OF SCOPE AND JURISDICTION FOR 
CURRENT FRAUD OFFENSES. 
(a) STATEMENTS OR ENTRIES GENERALLY.—Section 
1001 of title 18, United States Code, is amended by adding 
at the end the following: 
‘‘(d) JURISDICTION.—There is extraterritorial Federal 
jurisdiction over an offense under this section. 
‘‘(e) PROSECUTION.—A prosecution for an offense 
under this section may be brought—
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‘‘(1) in accordance with chapter 211 of this title; 
or 
‘‘(2) in any district where any act in further-
ance of the offense took place.’’. 
(b) MAJOR FRAUD AGAINST THE UNITED STATES.— 
Section 1031 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(i) JURISDICTION.—There is extraterritorial Federal 
jurisdiction over an offense under this section. 
‘‘(j) PROSECUTION.—A prosecution for an offense 
under this section may be brought— 
‘‘(1) in accordance with chapter 211 of this title; 
‘‘(2) in any district where any act in further-
ance of the offense took place; or 
‘‘(3) in any district where any party to the con-
tract or provider of goods or services is located.’’. 
SEC. 1081. CONTRACTOR ACCOUNTABILITY. 
Section 3267(1)(A) of title 18, United States Code, is 
amended to read as follows: 
‘‘(A) employed as— 
‘‘(i) a civilian employee of— 
‘‘(I) the Department of Defense 
(including a nonappropriated fund in-
strumentality of the Department); or
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‘‘(II) any other Federal agency, or 
any provisional authority, to the extent 
such employment relates to supporting 
the mission of the Department of De-
fense overseas; 
‘‘(ii) a contractor (including a subcon-
tractor at any tier) of— 
‘‘(I) the Department of Defense 
(including a nonappropriated fund in-
strumentality of the Department); or 
‘‘(II) any other Federal agency, or 
any provisional authority, to the extent 
such employment relates to supporting 
the mission of the Department of De-
fense overseas; or 
‘‘(iii) an employee of a contractor (or 
subcontractor at any tier) of— 
‘‘(I) the Department of Defense 
(including a nonappropriated fund in-
strumentality of the Department); or 
‘‘(II) any other Federal agency, or 
any provisional authority, to the extent 
such employment relates to supporting 
the mission of the Department of De-
fense overseas;’’.
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SEC. 1082. DEFINITION OF UNITED STATES. 
Section 2340(3) of title 18, United States Code, is 
amended to read as follows: 
‘‘(3) ‘United States’ means the several States of 
the United States, the District of Columbia, and the 
commonwealths, territories, and possessions of the 
United States.’’. 
SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM. 
Section 831(m)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–510; 10 
U.S.C. 2302 note) is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(F) a small business concern owned and 
controlled by service–disabled veterans (as de-
fined in section 8(d)(3) of the Small Business 
Act); and 
‘‘(G) a qualified HUBZone small business 
concern (as defined in section 3(p) of the Small 
Business Act).’’.
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SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF 
2004. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Broadcast Decency Enforcement Act of 2004’’. 
(b) PURPOSE.—The purpose of this section is to in-
crease the Federal Communications Commission’s (FCC) 
authority to fine for indecent broadcasts and prevent fur-
ther relaxation of the media ownership rules in order to 
stem the rise of indecent programming. 
(c) FINDINGS.—The Congress makes the following find-
ings: 
(1) Since 1996 there has been significant consoli-
dation in the media industry, including: 
(A) RADIO.—Clear Channel Communica-
tions went from owning 43 radio stations prior 
to 1996 to over 1,200 as of January 2003; Cu-
mulus Broadcasting, Inc. was established in 
1997 and owned 266 stations as of December 
2003, making it the second-largest radio owner-
ship company in the country; and Infinity 
Broadcasting Corporation went from owning 43 
radio stations prior to 1996 to over 185 stations 
as of June 2004; 
(B) TELEVISION.—Viacom/CBS’s national 
ownership of television stations increased from 
31.53 percent of United States television house-
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holds prior to 1996 to 38.9 percent in 2004; GE/ 
NBC’s national ownership of television stations 
increased from 24.65 percent prior to 1996 to 
33.56 percent in 2004; News Corp./Fox’s na-
tional ownership of television stations increased 
from 22.05 percent prior to 1996 to 37.7 percent 
in 2004; 
(C) MEDIA
MERGERS.—In 2000, Viacom 
merged with CBS and UPN; in 2002, GE/NBC 
merged with Telemundo Communications, Inc. 
and in 2004 with Vivendi Universal Entertain-
ment; in 2003 News Corp./Fox acquired a con-
trolling interest in DirecTV; in 2000, Time War-
ner, Inc. merged with America Online. 
(2) Over the same period that there has been sig-
nificant consolidation in the media industry, the 
number of indecency complaints also has increased 
dramatically. The largest owners of television and 
radio broadcast holdings have received the greatest 
number of indecency complaints and the largest fines, 
including: 
(A) Over 80 percent of the fines proposed by 
the Federal Communications Commission for in-
decent broadcasts were against stations owned by 
two of the top three radio companies. The top
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radio company alone accounts for over two- 
thirds of the fines proposed by the FCC; 
(B) Two of the largest fines proposed by the 
FCC were against two of the top three radio 
companies; 
(C) In 2004, the FCC received over 500,000 
indecency complaints in response to the Super-
bowl Halftime show aired on CBS and produced 
by MTV, both of which are owned by Viacom. 
This is the largest number of complaints ever re-
ceived by the FCC for a single broadcast; 
(D) The number of indecency complaints 
increased from 111 in 2000 to 240,350 in 2003; 
(3) Media conglomerates do not consider or re-
flect local community standards. 
(A) The FCC has no record of a television 
station owned by one of the big four networks 
(Viacom/CBS, Disney/ABC, News Corp./Fox or 
GE/NBC) pre-empting national programming 
for failing to meet community standards; 
(B) FCC records show that non-network 
owned stations have often rejected national net-
work programming found to be indecent and of-
fensive to local community standards;
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(C) A letter from an owned and operated 
station manager to a viewer stated that pro-
gramming decisions are made by network head-
quarters and not the local owned and operated 
television station management; 
(D) The Parents Television Council has 
found that the ‘‘losers’’ of network ownership 
‘‘are the local communities whose standards of 
decency are being ignored;’’ 
(4) The Senate Commerce Committee has found 
that the current fines do not deter indecent broadcast 
because they are merely the cost of doing business for 
large media companies. Therefore, in order to prevent 
the continued rise of indecency violations, the FCC’s 
authority for indecency fines should be increased and 
further media consolidation should be prevented. 
(d) INCREASE IN PENALTIES FOR OBSCENE, INDE-
CENT, AND PROFANE BROADCAST.—Section 503(b)(2) of the 
Communications Act of 1934 (47 U.S.C. 503(b)(2)) is 
amended.— 
(1) by redesignating subparagraphs (C) and (D) 
as subparagraphs (D) and (E), respectively; 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
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‘‘(C) Notwithstanding subparagraph (A), if the 
violator is— 
‘‘(i)(I) a broadcast station licensee or per-
mittee; or 
‘‘(II) an applicant for any broadcast li-
cense, permit, certificate, or other instrument or 
authorization issued by the Commission; and 
‘‘(ii) determined by the Commission under 
paragraph (1) to have broadcast obscene, inde-
cent, or profane language, the amount of any 
forfeiture penalty determined under this sub-
section shall not exceed $275,000 for each viola-
tion or each day of a continuing violation, ex-
cept that the amount assessed for any continuing 
violation shall not exceed a total of $3,000,000 
for any single act or failure to act.’’; and 
(3) in subparagraph (D), as redesignated by 
paragraph (1), by striking ‘‘subparagraph (A) or 
(B)’’ and inserting ‘‘subparagraph (A), (B), or (C)’’. 
(e) NEW BROADCAST MEDIA OWNERSHIP RULES SUS-
PENDED.— 
(1) SUSPENSION.—Subject to the provisions of 
paragraphs(d)(2), the broadcast media ownership 
rules adopted by the Federal Communications Com-
mission on June 2, 2003, pursuant to its proceeding
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on broadcast media ownership rules, Report and 
Order FCC–03–127, published at 68 FR 46286, Au-
gust 5, 2003, shall be invalid and without legal effect. 
(2) CLARIFICATION.—The provisions of para-
graph (1) shall not supersede the amendments made 
by section 629 of the Miscellaneous Appropriations 
and Offsets Act, 2004 (Public Law 108–199). 
(f) ADDITIONAL FACTORS IN INDECENCY PENALTIES; 
EXCEPTION.—Section 503(b)(2) of the Communications Act 
of 1934 (47 U.S.C. 503(b)(2)), is further amended by add-
ing at the end the following: 
‘‘(F) In the case of a violation in which the violator 
is determined by the Commission under paragraph (1) to 
have uttered obscene, indecent, or profane material, the 
Commission shall take into account, in addition to the mat-
ters described in subparagraph (E), the following factors 
with respect to the degree of culpability of the violator: 
‘‘(i) Whether the material uttered by the violator 
was live or recorded, scripted or unscripted. 
‘‘(ii) Whether the violator had a reasonable op-
portunity to review recorded or scripted programming 
or had a reasonable basis to believe live or unscripted 
programming would contain obscene, indecent, or 
profane material.
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‘‘(iii) If the violator originated live or unscripted 
programming, whether a time delay blocking mecha-
nism was implemented for the programming. 
‘‘(iv) The size of the viewing or listening audi-
ence of the programming. 
‘‘(v) Whether the obscene incident or profane lan-
guage was within live programming not produced by 
the station licensee or permitee. 
‘‘(vi) The size of the market. 
‘‘(vii) Whether the violation occurred during a 
children’s television program (as such term is used in 
the Children’s Television Programming Policy ref-
erenced in section 73.4050(c) of the Commission’s reg-
ulations (47 C.F.R. 73.4050(c)) or during a television 
program rated TVY, TVY7, TVY7FV, or TVG under 
the TV Parental Guidelines as such ratings were ap-
proved by the Commission in implementation of sec-
tion 551 of the Telecommunications Act of 1996, 
Video Programming Ratings, Report and Order, CS 
Docket No. 97-55, 13 F.C.C. Rcd. 8232 (1998)), and, 
with respect to a radio broadcast station licensee, per-
mittee, or applicant, whether the target audience was 
primarily comprised of, or should reasonably have 
been expected to be primarily comprised of, children.’’
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‘‘(G) The Commission may double the amount of any 
forfeiture penalty (not to exceed $550,000 for the first viola-
tion, $750,000 for the second violation, and $1,000,000 for 
the third or any subsequent violation not to exceed up to 
$3,000,000 for all violations in a 24-hour time period not-
withstanding section 503(b)(2)(C)) if the Commission deter-
mines additional factors are present which are aggravating 
in nature, including— 
‘‘(i) whether the material uttered by the violator 
was recorded or scripted; 
‘‘(ii) whether the violator had a reasonable op-
portunity to review recorded or scripted programming 
or had a reasonable basis to believe live or unscripted 
programming would contain obscene, indecent, or 
profane material; 
‘‘(iii) whether the violator failed to block live or 
unscripted programming; 
‘‘(iv) whether the size of the viewing or listening 
audience of the programming was substantially larger 
than usual, such as a national or international cham-
pionship sporting event or awards program; and 
‘‘(v) whether the violation occured during a chil-
dren’s television program (as defined in subpara-
graph (F) (vii)).’’
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SEC. 1085. CHILDREN’S PROTECTION FROM VIOLENT PRO-
GRAMMING ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Children’s Protection from Violent Programming Act’’. 
(b) FINDINGS.—The Congress makes the following 
findings: 
(1) Television influences children’s perception of 
the values and behavior that are common and accept-
able in society. 
(2) Broadcast television, cable television, and 
video programming are— 
(A) uniquely pervasive presences in the lives 
of all American children; and 
(B) readily accessible to all American chil-
dren. 
(3) Violent video programming influences chil-
dren, as does indecent programming. 
(4) There is empirical evidence that children ex-
posed to violent video programming at a young age 
have a higher tendency to engage in violent and ag-
gressive behavior later in life than those children not 
so exposed. 
(5) There is empirical evidence that children ex-
posed to violent video programming have a greater 
tendency to assume that acts of violence are accept-
able behavior and therefore to imitate such behavior.
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(6) There is empirical evidence that children ex-
posed to violent video programming have an in-
creased fear of becoming a victim of violence, result-
ing in increased self-protective behaviors and in-
creased mistrust of others. 
(7) There is a compelling governmental interest 
in limiting the negative influences of violent video 
programming on children. 
(8) There is a compelling governmental interest 
in channeling programming with violent content to 
periods of the day when children are not likely to 
comprise a substantial portion of the television audi-
ence. 
(9) A significant amount of violent program-
ming that is readily accessible to minors remains 
unrated specifically for violence and therefore cannot 
be blocked solely on the basis of its violent content. 
(10) Age-based ratings that do not include con-
tent rating for violence do not allow parents to block 
programming based solely on violent content thereby 
rendering ineffective any technology-based blocking 
mechanism designed to limit violent video program-
ming. 
(11) The most recent study of the television rat-
ings system by the Kaiser Family Foundation con-
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cludes that 79 percent of violent programming is not 
specifically rated for violence. 
(12) Technology-based solutions, such as the V- 
chip, may be helpful in protecting some children, but 
cannot achieve the compelling governmental interest 
in protecting all children from violent programming 
when parents are only able to block programming 
that has, in fact, been rated for violence. 
(13) Restricting the hours when violent program-
ming can be shown protects the interests of children 
whose parents are unavailable, unable to supervise 
their children’s viewing behavior, do not have the ben-
efit of technology-based solutions, are unable to afford 
the costs of technology-based solutions, or are unable 
to determine the content of those shows that are only 
subject to age-based ratings. 
(14) After further study, pursuant to a rule-
making, the Federal Communications Commission 
may conclude that content-based ratings and blocking 
technology do not effectively protect children from the 
harm of violent video programming. 
(15) If the Federal Communications Commission 
reaches the conclusion described in paragraph (14), 
the channeling of violent video programming will be 
the least restrictive means of limiting the exposure of
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children to the harmful influences of violent video 
programming. 
SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF CURRENT 
RATING SYSTEM FOR VIOLENCE AND EFFEC-
TIVENESS OF V-CHIP IN BLOCKING VIOLENT 
PROGRAMMING. 
(a) REPORT.—The Federal Communications Commis-
sion shall— 
(1) assess the effectiveness of measures to require 
television broadcasters and multichannel video pro-
gramming distributors (as defined in section 602(13) 
of the Communications Act of 1934 (47 U.S.C. 
522(13)) to rate and encode programming that could 
be blocked by parents using the V-chip undertaken 
under section 715 of the Communications Act of 1934 
(47 U.S.C. 715) and under subsections (w) and (x) of 
section 303 of that Act (47 U.S.C. 303(w) and (x)) 
in accomplishing the purposes for which they were en-
acted; and 
(2) report its findings to the Committee on Com-
merce, Science, and Transportation of the United 
States Senate and the Committee on Energy and 
Commerce of the United States House of Representa-
tives, within 12 months after the date of enactment of 
this Act, and annually thereafter.
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(b) ACTION.—If the Commission finds at any time, as 
a result of its ongoing assessment under subsection (a), that 
the measures referred to in subsection (a)(1) are insuffi-
ciently effective, then the Commission shall complete a rule-
making within 270 days after the date on which the Com-
mission makes that finding to prohibit the distribution of 
violent video programming during the hours when children 
are reasonably likely to comprise a substantial portion of 
the audience. 
(c) DEFINITIONS.—Any term used in this section that 
is defined in section 715 of the Communications Act of 1934 
(47 U.S.C. 715), or in regulations under that section, has 
the same meaning as when used in that section or in those 
regulations. 
SEC. 1087. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO 
PROGRAMMING THAT IS NOT SPECIFICALLY 
RATED FOR VIOLENCE AND THEREFORE IS 
NOT BLOCKABLE. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 701 et seq.) is amended by adding at the end the 
following: