S.Amdt. 2048

SA 2048. Mr. HARKIN (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed to amendment SA 1955 proposed by Mr.
Warner (for himself and Mr. Levin) to the bill H.R. 2863, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of subtitle A of title IX of division A, as
added by Senate amendment No. 1955, add the following:

SEC. 903. AMERICAN FORCES NETWORK.

(a) Mission.--The American Forces Network (AFN) shall
provide members of the Armed Forces, civilian employees of
the Department of Defense, 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 as is available in the
continental United States.
(b) Political Programming.--
(1) Fairness and balance.--All political programming of the
American Forces Network shall be characterized by its
fairness and balance.
(2) Free flow of programming.--The American Forces Network
shall provide in its programming a free flow of political
programming from United States commercial and public radio
and television stations.
(c) Ombudsman of the American Forces Network.--
(1) Establishment.--There is hereby established the Office
of the Ombudsman of the American Forces Network.
(2) Head of office.--
(A) Ombudsman.--The head of the Office of the Ombudsman of
the American Forces Network shall be the Ombudsman of the
American Forces Network (in this subsection referred to as
the ``Ombudsman''), who shall be appointed by the Secretary
of Defense.
(B) Qualifications.--Any individual nominated for
appointment to the position of Ombudsman shall have
recognized expertise in

[[Page S11144]]

the field of mass communications, print media, or broadcast
media.
(C) Part-time status.--The position of Ombudsman shall be a
part-time position.
(D) Term.--The term of office of the Ombudsman shall be
five years.
(E) Removal.--The Ombudsman may be removed from office by
the Secretary only for malfeasance.
(3) Duties.--
(A) In general.--The Ombudsman shall ensure that the
American Forces Network adheres to the standards and
practices of the Network in its programming.
(B) Particular duties.--In carrying out the duties of the
Ombudsman under this paragraph, the Ombudsman shall--
(i) initiate and conduct, with such frequency as the
Ombudsman considers appropriate, reviews of the integrity,
fairness, and balance of the programming of the American
Forces Network;
(ii) initiate and conduct, upon the request of Congress or
members of the audience of the American Forces Network,
reviews of the programming of the Network;
(iii) identify, pursuant to reviews under clause (i) or
(ii) or otherwise, circumstances in which the American Forces
Network has not adhered to the standards and practices of the
Network in its programming, including circumstances in which
the programming of the Network lacked integrity, fairness, or
balance; and
(iv) make recommendations to the American Forces Network on
means of correcting the lack of adherence identified pursuant
to clause (iii).
(C) Limitation.--In carrying out the duties of the
Ombudsman under this paragraph, the Ombudsman may not engage
in any pre-broadcast censorship or pre-broadcast review of
the programming of the American Forces Network.
(4) Resources.--The Secretary of Defense shall provide the
Office of the Ombudsman of the American Forces Network such
personnel and other resources as the Secretary and the
Ombudsman jointly determine appropriate to permit the
Ombudsman to carry out the duties of the Ombudsman under
paragraph (3).
(5) Independence.--The Secretary shall take appropriate
actions to ensure the complete independence of the Ombudsman
and the Office of the Ombudsman of the American Forces
Network within the Department of Defense.
(6) Annual reports.--
(A) In general.--The Ombudsman shall submit to the
Secretary of Defense and the congressional defense committees
each year a report on the activities of the Office of the
Ombudsman of the American Forces Network during the preceding
year.
(B) Availability to public.--The Ombudsman shall make
available to the public each report submitted under
subparagraph (A) through the Internet website of the Office
of the Ombudsman of the American Forces Network and by such
other means as the Ombudsman considers appropriate.
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