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2006

Union Calendar No. 435

REPORT OF THE ACTIVITIES

of the

COMMITTEE ON ARMED SERVICES

for the

ONE HUNDRED NINTH CONGRESS

[Graphic image not available]

DECEMBER 15, 2006- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

HOUSE COMMITTEE ON ARMED SERVICES
One Hundred Ninth Congress
DUNCAN HUNTER, California, Chairman
CURT WELDON, Pennsylvania
JOEL HEFLEY, Colorado
JIM SAXTON, New Jersey
JOHN M. MCHUGH, New York
TERRY EVERETT, Alabama
ROSCOE G. BARTLETT, Maryland
HOWARD P. `BUCK' MCKEON, California
MAC THORNBERRY, Texas
JOHN N. HOSTETTLER, Indiana
WALTER B. JONES, North Carolina
JIM RYUN, Kansas
JIM GIBBONS, Nevada
ROBIN HAYES, North Carolina
KEN CALVERT, California
ROB SIMMONS, Connecticut
JO ANN DAVIS, Virginia
W. TODD AKIN, Missouri
J. RANDY FORBES, Virginia
JEFF MILLER, Florida
JOE WILSON, South Carolina
FRANK A. LOBIONDO, New Jersey
JEB BRADLEY, New Hampshire
MICHAEL TURNER, Ohio
JOHN KLINE, Minnesota
CANDICE S. MILLER, Michigan
MIKE ROGERS, Alabama
TRENT FRANKS, Arizona
BILL SHUSTER, Pennsylvania
THELMA DRAKE, Virginia
JOE SCHWARZ, Michigan
CATHY MCMORRIS RODGERS, Washington
MICHAEL CONAWAY, Texas
GEOFF DAVIS, Kentucky		 IKE SKELTON, Missouri
JOHN SPRATT, South Carolina
SOLOMON P. ORTIZ, Texas
LANE EVANS, Illinois
GENE TAYLOR, Mississippi
NEIL ABERCROMBIE, Hawaii
MARTY MEEHAN, Massachusetts
SILVESTRE REYES, Texas
VIC SNYDER, Arkansas
ADAM SMITH, Washington
LORETTA SANCHEZ, California
MIKE MCINTYRE, North Carolina
ELLEN O. TAUSCHER, California
ROBERT A. BRADY, Pennsylvania
ROBERT ANDREWS, New Jersey
SUSAN A. DAVIS, California
JAMES R. LANGEVIN, Rhode Island
STEVE ISRAEL, New York
RICK LARSEN, Washington
JIM COOPER, Tennessee
JIM MARSHALL, Georgia
KENDRICK B. MEEK, Florida
MADELEINE Z. BORDALLO, Guam
TIM RYAN, Ohio
MARK UDALL, Colorado
G.K. BUTTERFIELD, North Carolina
CYNTHIA MCKINNEY, Georgia
DAN BOREN, Oklahoma
ROBERT L. SIMMONS, STAFF DIRECTOR
HOLLY GRANING, DIRECTOR OF LEGISLATIVE OPERATIONS
1 Mr. McKeon took a leave of absence from the committee effective June 29, 2006.
2 Mr. Bilbray was elected to the committee on June 29, 2006.

LETTER OF TRANSMITTAL

House of Representatives,

Committee on Armed Services,

Washington, DC, December 15, 2006.

Hon. KAREN L. HAAS,
Clerk of the House of Representatives, Washington, DC.

DEAR MS. HAAS: Pursuant to House Rule XI 1(d), there is transmitted herewith the report of activities of the Committee on Armed Services for the 109th Congress.

Sincerely,

DUNCAN HUNTER, CHAIRMAN.

C O N T E N T S Page
Powers and Duties, Committee on Armed Services--109th Congress 1
Background
1
Constitutional Powers and Duties
2
House Rules on Jurisdiction
3
Investigative Authority and Legislative Oversight
4
Committee Rules 4
Rules Governing Procedure
4
Composition of the Committee on Armed Services--109th Congress 13
Subcommittees of the Committee on Armed Services--109th Congress 14
Subcommittee on Tactical Air and Land Forces
14
Subcommittee on Readiness
15
Subcommittee on Terrorism, Unconventional Threats and Capabilities
15
Subcommittee on Military Personnel
16
Subcommittee on Strategic Forces
16
Subcommittee on Projection Forces
16
Committee Staff 17
Committee Meetings 19
Legislative Actions 19
Legislation Enacted Into Law
19
Public Law 109-100 (S. 37)
19
Public Law 109-104 (H.R. 4326)
19
Public Law 109-142 (H.J. Res. 38)
20
Public Law 109-159 (S. 1988)
20
Public Law 109-163 (H.R. 1815)
20
Public Law 109-164 (H.R. 972)
23
Public Law 109-272 (H.R. 5683)
23
Public Law 109-364 (H.R. 5122)
24
Public Law 109-366 (S. 3930)
26
Legislation Reported but Not Enacted
27
H. Res. 417
27
H. J. Res. 65
27
H. Res. 645
28
H. Res. 685
28
H.R. 6054
29
Oversight Activities 31
Summary of Oversight Plan
31
Actions and Recommendations
31
Additional Oversight Activities
56
Other Activities of the Full Committee 77
Budget Activity
77
Full Committee Hearings
82
Other Activities of the Subcommittees 93
Subcommittee on Tactical Air and Land Forces
93
Subcommittee on Readiness
94
Subcommittee on Terrorism, Unconventional Threats and Capabilities
95
Subcommittee on Military Personnel
97
Subcommittee on Strategic Forces
97
Subcommittee on Projection Forces
98
Publications 101
Published Proceedings
101
House Reports
110
Public Laws
111
Press Releases 113

Union Calendar No. 435

109TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

2d Session

109-731

--REPORT OF THE ACTIVITIES OF THE COMMITTEE ON ARMED SERVICES FOR THE 109TH CONGRESS

DECEMBER 15, 2006- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. HUNTER, from the Committee on Armed Services, submitted the following

R E P O R T

ON

POWERS AND DUTIES, COMMITTEE ON ARMED SERVICES--109TH CONGRESS

BACKGROUND

The House Committee on Armed Services, a standing committee of Congress, was established on January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), by merging the Committees on Military Affairs and Naval Affairs. The Committees on Military Affairs and Naval Affairs were established in 1882. In 1885, jurisdiction over military and naval appropriations was taken from the Committee on Appropriations and given to the Committees on Military Affairs and Naval Affairs, respectively. This practice continued until July 1, 1920, when jurisdiction over all appropriations was again placed in the Committee on Appropriations.

In the 93rd Congress, following a study by the House Select Committee on Committees, the House passed H. Res. 988, the Committee Reform Amendments of 1974, to be effective January 3, 1975. As a result of those amendments, the jurisdictional areas of the Committee on Armed Services remained essentially unchanged. However, oversight functions were amended to require each standing committee to review and study on a continuing basis all laws, programs, and government activities dealing with or involving international arms control and disarmament and the education of military dependents in school.

The rules changes adopted by the House (H. Res. 5) on January 4, 1977, placed new responsibilities in the field of atomic energy in the Committee on Armed Services. Those responsibilities involved the national security aspects of atomic energy previously within the jurisdiction of the Joint Committee on Atomic Energy. Public Law 95-110, effective September 20, 1977, abolished the Joint Committee on Atomic Energy.

With the adoption of H. Res. 658 on July 14, 1977, which established the House Permanent Select Committee on Intelligence, the jurisdiction of the Committee on Armed Service over intelligence matters was diminished.

That resolution gave the Permanent Select Committee on Intelligence oversight responsibilities for intelligence and intelligence-related activities and programs of the U.S. Government. Specifically, the Permanent Select Committee on Intelligence has exclusive legislative jurisdiction regarding the Central Intelligence Agency and the director of Central Intelligence, including authorizations. Also, legislative jurisdiction over all intelligence and intelligence-related activities and programs was vested in the permanent select committee except that other committees with a jurisdictional interest may request consideration of any such matters. Accordingly, as a matter of practice, the Committee on Armed Services shared jurisdiction over the authorization process involving intelligence-related activities.

The committee continues to have shared jurisdiction over military intelligence activities as set forth in rule X of the Rules of the House of Representatives.

With the adoption of House rules (H. Res. 5) on January 4, 1995, the Committee on National Security was established as the successor committee to the Committee on Armed Services, and was granted additional legislative and oversight authority over merchant marine academies, national security aspects of merchant marine policy and programs, and interoceanic canals. Rules for the 104th Congress also codified the existing jurisdiction of the committee over tactical intelligence matters and the intelligence related activities of the Department of Defense.

On January 6, 1999, the House adopted H. Res. 5, rules for the 106th Congress, in which the Committee on National Security was redesignated as the Committee on Armed Services.

CONSTITUTIONAL POWERS AND DUTIES

The powers and duties of Congress in relation to national defense matters stem from Article I, section 8, of the Constitution, which provides, among other things, that the Congress shall have power to:

HOUSE RULES ON JURISDICTION

Rule X of the Rules of the House of Representatives established the jurisdiction and related functions for each standing committee. Under that rule, all bills, resolutions, and other matters relating to subjects within the jurisdiction of any standing shall be referred to such committee. The jurisdiction of the House Committee on Armed Services, pursuant to clause 1(c) of rule X is as follows:

In addition to its legislative jurisdiction and general oversight function, the Committee on Armed Services has special oversight functions with respect to international arms control and disarmament and military dependents' education.

INVESTIGATIVE AUTHORITY AND LEGISLATIVE OVERSIGHT

H. Res. 988 of the 93rd Congress, the Committee Reform Amendments of 1974, amended clause 1(b) of rule XI of the Rules of the House of Representatives, to provide general authority for each committee to investigate matters within its jurisdiction. That amendment established a permanent investigative authority and relieved the committee of the former requirement of obtaining a renewal of the investigative authority by a House resolution at the beginning of each Congress. H. Res. 988 also amended rule X of the Rules of the House of Representatives by requiring, as previously indicated, that standing committees are to conduct legislative oversight in the area of their respective jurisdiction, and by establishing specific oversight functions for the Committee on Armed Services.

H. Res. 224, approved by the House on April 27, 2005, provided funds for, among other things, committee oversight responsibilities to be conducted in the 109th Congress, pursuant to clause 2(b)(1) of rule X of the Rules of the House of Representatives (relating to general oversight responsibilities), clause 3(h) of rule X (relating to special oversight functions), and clause 1(b) of rule XI (relating to investigations and studies).

COMMITTEE RULES

The Committee held its organizational meeting on January 25, 2005, and adopted the following rules governing procedure and rules for investigative hearings conducted by subcommittees.

(H.A.S.C. No. 109-1)

RULES GOVERNING PROCEDURE

RULE 1. APPLICATION OF HOUSE RULES

The Rules of the House of Representatives are the rules of the Committee on Armed Services (hereinafter referred to in these rules as the `Committee') and its subcommittees so far as applicable.

RULE 2. FULL COMMITTEE MEETING DATE

(a) The Committee shall meet every Wednesday at 10:00 a.m., and at such other times as may be fixed by the chairman of the Committee (hereinafter referred to in these rules as the

`Chairman'), or by written request of members of the Committee pursuant to clause 2(c) of rule XI of the Rules of the House of Representatives.

(b) A Wednesday meeting of the Committee may be dispensed with by the Chairman, but such action may be reversed by a written request of a majority of the members of the Committee.

RULE 3. SUBCOMMITTEE MEETING DATES

Each subcommittee is authorized to meet, hold hearings, receive evidence, and report to the Committee on all matters referred to it. Insofar as possible, meetings of the Committee and its subcommittees shall not conflict. A subcommittee chairman shall set meeting dates after consultation with the Chairman, the other subcommittee chairmen, and the ranking minority member of the subcommittee with a view toward avoiding simultaneous scheduling of committee and subcommittee meetings or hearings wherever possible.

RULE 4. SUBCOMMITTEES

Pursuant to the authority granted by Section 3(b), relating to Separate Orders, of H. Res. 5 as adopted by the House of Representatives on January 4, 2005, the Committee shall be organized to consist of six standing subcommittees with the following jurisdictions:

Subcommittee on Tactical Air and Land Forces: All Army and Air Force acquisition programs (except strategic weapons and lift programs, special operations and information technology accounts). In addition, the subcommittee will be responsible for all Navy and Marine Corps aviation programs, National Guard and Army and Air Force reserve modernization, and ammunition programs.

Subcommittee on Readiness: Military readiness, training, logistics and maintenance issues and programs. In addition, the subcommittee will be responsible for all military construction, installations and family housing issues, including the base closure process.

Subcommittee on Terrorism, Unconventional Threats and Capabilities: Department of Defense counter proliferation and counter terrorism programs and initiatives. In addition, the subcommittee will be responsible for Special Operations Forces, the Defense Advanced Research Projects Agency, information technology and programs, force protection policy and oversight, and related intelligence support.

Subcommittee on Military Personnel: Military personnel policy, reserve component integration and employment issues, military health care, military education and POW/MIA issues. In addition, the subcommittee will be responsible for Morale, Welfare and Recreation issues and programs.

Subcommittee on Strategic Forces: Strategic Forces (except deep strike systems), space programs, ballistic missile defense and Department of Energy national security programs (except non-proliferation programs).

Subcommittee on Projection Forces: Navy and Marine Corps programs (except strategic weapons, space, special operations and information technology programs), deep strike bombers and related systems, and strategic lift programs.

RULE 5. COMMITTEE PANELS

(a) The Chairman may designate a panel of the Committee consisting of members of the Committee to inquire into and take testimony on a matter or matters that fall within the jurisdiction of more than one subcommittee and to report to the Committee.

(b) No panel so appointed shall continue in existence for more than six months. A panel so appointed may, upon the expiration of six months, be reappointed by the Chairman.

(c) No panel so appointed shall have legislative jurisdiction.

RULE 6. REFERENCE AND CONSIDERATION OF LEGISLATION

(a) The Chairman shall refer legislation and other matters to the appropriate subcommittee or to the full Committee.

(b) Legislation shall be taken up for a hearing or markup only when called by the Chairman of the Committee or subcommittee, as appropriate, or by a majority of those present and voting.

(c) The Chairman, with approval of a majority vote of a quorum of the Committee, shall have authority to discharge a subcommittee from consideration of any measure or matter referred thereto and have such measure or matter considered by the Committee.

(d) Reports and recommendations of a subcommittee may not be considered by the Committee until after the intervention of three calendar days from the time the report is approved by the subcommittee and available to the members of the Committee, except that this rule may be waived by a majority vote of a quorum of the Committee.

RULE 7. PUBLIC ANNOUNCEMENT OF HEARINGS AND MEETINGS

Pursuant to clause 2(g)(3) of rule XI of the Rules of the House of Representatives, the Chairman of the Committee or of any subcommittee or panel shall make public announcement of the date, place, and subject matter of any committee or subcommittee hearing at least one week before the commencement of the hearing. However, if the Chairman of the Committee or of any subcommittee or panel, with the concurrence of the respective ranking minority member of the Committee, subcommittee or panel, determines that there is good cause to begin the hearing sooner, or if the Committee, subcommittee or panel so determines by majority vote, a quorum being present for the transaction of business, such chairman shall make the announcement at the earliest possible date. Any announcement made under this rule shall be promptly published in the Daily Digest, promptly entered into the committee scheduling service of the House Information Resources, and promptly posted to the internet web page maintained by the Committee.

RULE 8. BROADCASTING OF COMMITTEE HEARINGS AND MEETINGS

Clause 4 of rule XI of the Rules of the House of Representatives shall apply to the Committee.

RULE 9. MEETINGS AND HEARINGS OPEN TO THE PUBLIC

(a) Each hearing and meeting for the transaction of business, including the markup of legislation, conducted by the Committee or a subcommittee shall be open to the public except when the Committee or subcommittee, in open session and with a majority being present, determines by record vote that all or part of the remainder of that hearing or meeting on that day shall be in executive session because disclosure of testimony, evidence, or other matters to be considered would endanger the national security, would compromise sensitive law enforcement information, or would violate any law or rule of the House of Representatives. Notwithstanding the requirements of the preceding sentence, a majority of those present, there being in attendance no fewer than two members of the Committee or subcommittee, may vote to close a hearing or meeting for the sole purpose of discussing whether testimony or evidence to be received would endanger the national security, would compromise sensitive law enforcement information, or would violate any law or rule of the House of Representatives. If the decision is to proceed in executive session, the vote must be by record vote and in open session, a majority of the Committee or subcommittee being present.

(b) Whenever it is asserted by a member of the committee that the evidence or testimony at a hearing may tend to defame, degrade, or incriminate any person, or it is asserted by a witness that the evidence or testimony that the witness would give at a hearing may tend to defame, degrade, or incriminate the witness, notwithstanding the requirements of (a) and the provisions of clause 2(g)(2) of rule XI of the Rules of the House of Representatives, such evidence or testimony shall be presented in executive session, if by a majority vote of those present, there being in attendance no fewer than two members of the Committee or subcommittee, the Committee or subcommittee determines that such evidence may tend to defame, degrade or incriminate any person. A majority of those present, there being in attendance no fewer than two members of the Committee or subcommittee, may also vote to close the hearing or meeting for the sole purpose of discussing whether evidence or testimony to be received would tend to defame, degrade or incriminate any person. The Committee or subcommittee shall proceed to receive such testimony in open session only if the Committee or subcommittee, a majority being present, determines that such evidence or testimony will not tend to defame, degrade or incriminate any person.

(c) Notwithstanding the foregoing, and with the approval of the Chairman, each member of the Committee may designate by letter to the Chairman, a member of that member's personal staff with Top Secret security clearance to attend hearings of the Committee, or that member's subcommittee(s) (excluding briefings or meetings held under the provisions of committee rule 9(a)), which have been closed under the provisions of rule 9(a) above for national security purposes for the taking of testimony. The attendance of such a staff member at such hearings is subject to the approval of the Committee or subcommittee as dictated by national security requirements at that time. The attainment of any required security clearances is the responsibility of individual members of the Committee.

(d) Pursuant to clause 2(g)(2) of rule XI of the Rules of the House of Representatives, no Member, Delegate, or Resident Commissioner may be excluded from nonparticipatory attendance at any hearing of the Committee or a subcommittee, unless the House of Representatives shall by majority vote authorize the Committee or subcommittee, for purposes of a particular series of hearings on a particular article of legislation or on a particular subject of investigation, to close its hearings to Members, Delegates, and the Resident Commissioner by the same procedures designated in this rule for closing hearings to the public.

(e) The Committee or the subcommittee may vote, by the same procedure, to meet in executive session for up to five additional consecutive days of hearings.

RULE 10. QUORUM

(a) For purposes of taking testimony and receiving evidence, two members shall constitute a quorum.

(b) One-third of the members of the Committee or subcommittee shall constitute a quorum for taking any action, with the following exceptions, in which case a majority of the Committee or subcommittee shall constitute a quorum:

(c) No measure or recommendation shall be reported to the House of Representatives unless a majority of the Committee is actually present.

RULE 11. THE FIVE-MINUTE RULE

(a) The time any one member may address the Committee or subcommittee on any measure or matter under consideration shall not exceed five minutes and then only when the member has been recognized by the Chairman or subcommittee chairman, as appropriate, except that this time limit may be exceeded by unanimous consent. Any member, upon request, shall be recognized for not to exceed five minutes to address the Committee or subcommittee on behalf of an amendment which the member has offered to any pending bill or resolution. The five-minute limitation shall not apply to the Chairman and ranking minority member of the Committee or subcommittee.

(b) Members present at a hearing of the Committee or subcommittee when a hearing is originally convened shall be recognized by the Chairman or subcommittee chairman, as appropriate, in order of seniority. Those members arriving subsequently shall be recognized in order of their arrival. Notwithstanding the foregoing, the Chairman and the ranking minority member will take precedence upon their arrival. In recognizing members to question witnesses in this fashion, the Chairman shall take into consideration the ratio of the majority to minority members present and shall establish the order of recognition for questioning in such a manner as not to disadvantage the members of either party.

(c) No person other than a Member, Delegate, or Resident Commissioner of Congress and committee staff may be seated in or behind the dais area during Committee, subcommittee, or panel hearings and meetings.

RULE 12. POWER TO SIT AND ACT; SUBPOENA POWER

(a) For the purpose of carrying out any of its functions and duties under rules X and XI of the Rules of the House of Representatives, the Committee and any subcommittee are authorized (subject to subparagraph (b)(1) of this paragraph):

memorandums, papers and documents, including, but not limited to, those in electronic form, as it considers necessary.

(b)(1) A subpoena may be authorized and issued by the Committee, or any subcommittee with the concurrence of the full Committee Chairman, under subparagraph (a)(2) in the conduct of any investigation, or series of investigations or activities, only when authorized by a majority of the members voting, a majority of the Committee or subcommittee being present. Authorized subpoenas shall be signed only by the Chairman, or by any member designated by the Chairman.

(2) Pursuant to clause 2(m) of rule XI of the Rules of the House of Representatives, compliance with any subpoena issued by the Committee or any subcommittee under subparagraph (a)(2) may be enforced only as authorized or directed by the House of Representatives.

RULE 13. WITNESS STATEMENTS

(a) Any prepared statement to be presented by a witness to the Committee or a subcommittee shall be submitted to the Committee or subcommittee at least 48 hours in advance of presentation and shall be distributed to all members of the Committee or subcommittee at least 24 hours in advance of presentation. A copy of any such prepared statement shall also be submitted to the Committee in electronic form. If a prepared statement contains national security information bearing a classification of secret or higher, the statement shall be made available in the Committee rooms to all members of the Committee or subcommittee at least 24 hours in advance of presentation; however, no such statement shall be removed from the Committee offices. The requirement of this rule may be waived by a majority vote of the Committee or subcommittee, a quorum being present.

(b) The Committee and each subcommittee shall require each witness who is to appear before it to file with the Committee in advance of his or her appearance a written statement of the proposed testimony and to limit the oral presentation at such appearance to a brief summary of his or her argument.

RULE 14. ADMINISTERING OATHS TO WITNESSES

(a) The Chairman, or any member designated by the Chairman, may administer oaths to any witness.

(b) Witnesses, when sworn, shall subscribe to the following oath:

RULE 15. QUESTIONING OF WITNESSES

(a) When a witness is before the Committee or a subcommittee, members of the Committee or subcommittee may put questions to the witness only when recognized by the Chairman or subcommittee chairman, as appropriate, for that purpose.

(b) Members of the Committee or subcommittee who so desire shall have not to exceed five minutes to interrogate each witness or panel of witnesses until such time as each member has had an opportunity to interrogate each witness or panel of witnesses; thereafter, additional rounds for questioning witnesses by members are discretionary with the Chairman or subcommittee chairman, as appropriate.

(c) Questions put to witnesses before the Committee or subcommittee shall be pertinent to the measure or matter that may be before the Committee or subcommittee for consideration.

RULE 16. PUBLICATION OF COMMITTEE HEARINGS AND MARKUPS

The transcripts of those hearings and mark-ups conducted by the Committee or a subcommittee that are decided by the Chairman to be officially published will be published in verbatim form, with the material requested for the record inserted at that place requested, or at the end of the record, as appropriate. Any requests to correct any errors, other than those in transcription, or disputed errors in transcription, will be appended to the record, and the appropriate place where the change is requested will be footnoted.

RULE 17. VOTING AND ROLLCALLS

(a) Voting on a measure or matter may be by record vote, division vote, voice vote, or unanimous consent.

(b) A record vote shall be ordered upon the request of one-fifth of those members present.

(c) No vote by any member of the Committee or a subcommittee with respect to any measure or matter shall be cast by proxy.

(d) In the event of a vote or votes, when a member is in attendance at any other committee, subcommittee, or conference committee meeting during that time, the necessary absence of that member shall be so noted in the record vote record, upon timely notification to the Chairman by that member.

RULE 18. COMMITTEE REPORTS

(a) If, at the time of approval of any measure or matter by the Committee, any member of the Committee gives timely notice of intention to file supplemental, minority, additional or dissenting views, that member shall be entitled to not less than two calendar days (excluding Saturdays, Sundays, and legal holidays except when the House is in session on such days) in which to file such views, in writing and signed by that member, with the staff director of the Committee. All such views so filed by one or more members of the Committee shall be included within, and shall be a part of, the report filed by the Committee with respect to that measure or matter.

(b) With respect to each record vote on a motion to report any measure or matter, and on any amendment offered to the measure or matter, the total number of votes cast for and against, the names of those voting for and against, and a brief description of the question, shall be included in the committee report on the measure or matter.

RULE 19. POINTS OF ORDER

No point of order shall lie with respect to any measure reported by the Committee or any subcommittee on the ground that hearings on such measure were not conducted in accordance with the provisions of the rules of the Committee; except that a point of order on that ground may be made by any member of the Committee or subcommittee which reported the measure if, in the Committee or subcommittee, such point of order was (a) timely made and (b) improperly overruled or not properly considered.

RULE 20. PUBLIC INSPECTION OF COMMITTEE ROLLCALLS

The result of each record vote in any meeting of the Committee shall be made available by the Committee for inspection by the public at reasonable times in the offices of the Committee. Information so available for public inspection shall include a description of the amendment, motion, order, or other proposition and the name of each member voting for and each member voting against such amendment, motion, order, or proposition and the names of those members present but not voting.

RULE 21. PROTECTION OF NATIONAL SECURITY INFORMATION

(a) Except as provided in clause 2(g) of Rule XI of the Rules of the House of Representatives, all national security information bearing a classification of secret or higher which has been received by the Committee or a subcommittee shall be deemed to have been received in executive session and shall be given appropriate safekeeping.

(b) The Chairman of the Committee shall, with the approval of a majority of the Committee, establish such procedures as in his judgment may be necessary to prevent the unauthorized disclosure of any national security information received classified as secret or higher. Such procedures shall, however, ensure access to this information by any member of the Committee or any other Member, Delegate, or Resident Commissioner of the House of Representatives who has requested the opportunity to review such material.

RULE 22. COMMITTEE STAFFING

The staffing of the Committee, the standing subcommittees, and any panel designated by the Chairman shall be subject to the rules of the House of Representatives.

RULE 23. COMMITTEE RECORDS

The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with rule VII of the Rules of the House of Representatives. The Chairman shall notify the ranking minority member of any decision, pursuant to clause 3(b)(3) or clause 4(b) of rule VII, to withhold a record otherwise available, and the matter shall be presented to the Committee for a determination on the written request of any member of the Committee.

RULE 24. HEARING PROCEDURES

Clause 2(k) of rule XI of the Rules of the House of Representatives shall apply to the Committee.

COMPOSITION OF THE COMMITTEE ON ARMED SERVICES--109TH CONGRESS

Pursuant to H. Res. 32, election of the Chairman (adopted January 6, 2005), H. Res. 48, election of majority members, (adopted January 26, 2005), H. Res. 33, election of the Ranking Member (adopted January 6, 2005), and H. Res. 49, election of minority members (adopted January 26, 2005), the following members served on the Committee on Armed Services in the 109th Congress:

DUNCAN HUNTER California, Chairman
CURT WELDON, Pennsylvania, Vice Chairman
JOEL HEFLEY, Colorado
JIM SAXTON, New Jersey
JOHN M. MCHUGH, New York
TERRT EVERETT, Alabama
ROSCOE G. BARTLETT, Maryland
HOWARD P. `BUCK' MCKEON, California 1
MAC THORNBERRY, Texas
JOHN N. HOSTETTLER, Indiana
WALTER B. JONES, North Carolina
JIM RYUN, Kansas
JIM GIBBONS, Nevada
ROBIN HAYES, North Carolina
KEN CALVERT, California
ROB SIMMONS, Connecticut
JO ANN DAVIS, Virginia
W. TODD AKIN, Missouri
J. RANDY FORBES,Virginia
JEFF MILLER, Florida
JOE WILSON, South Carolina
FRANK A. LOBIONDO, New Jersey
JEB BRADLEY, New Hampshire
MICHAEL TURNER, Ohio
JOHN KLINE, Minnesota
CANDICE S. MILLER, Michigan
MIKE ROGERS, Alabama
TRENT FRANKS, Arizona
BILL SHUSTER, Pennsylvania
THELMA DRAKE, Virginia
JOE SCHWARZ, Michigan
CATHY MCMORRIS RODGERS, Washington
K. MICHAEL CONAWAY, Texas
GEOFF DAVIS, Kentucky
BRIAN P. BILBRAY, California 2 		IKE SKELTON, Missouri, Ranking Member
JOHN SPRATT, South Carolina
SOLOMON P. ORTIZ, Texas
LANE EVANS, Illinois
GENE TAYLOR, Mississippi
NEIL ABERCROMBIE, Hawaii
MARTY MEEHAN, Massachusetts
SILVESTRE REYES, Texas
VIC SNYDER, Arkansas
ADAM SMITH, Washington
LORETTA SANCHEZ, California
MIKE MCINTYRE, North Carolina
ELLEN O. TAUSCHER, California
ROBERT A. BRADY, Pennsylvania
ROBERT ANDREWS, New Jersey
SUSAN A. DAVIS, California
JAMES R. LANGEVIN, Rhode Island
STEVE ISRAEL, New York
RICK LARSEN, Washington
JIM COOPER, Tennessee
JiIM MARSHALL, Georgia
KENDRICK B. MEEK, Florida
MADELEINE Z. BORDALLO, Guam
TIM RYAN, Ohio
MARK E. UDALL, Colorado
G.K. BUTTERFIELD, North Carolina
CYNTHIA MCKINNEY, Georgia
DAN BOREN, Oklahoma
1 Mr. McKeon took a leave of absence from the committee effective June 29, 2006.
2 Mr. Bilbray was elected to the committee on June 29, 2006.

SUBCOMMITTEES OF THE COMMITTEE ON ARMED SERVICES 109TH CONGRESS

The following subcommittees were established at the committee's organizational meeting on January 25, 2005.

SUBCOMMITTEE ON TACTICAL AIR AND LAND FORCES

Jurisdiction pursuant to Committee Rule 4--Legislative jurisdiction over all Army and Air Force acquisition programs (except strategic weapons and lift programs, special operations and information technology accounts). In addition, the subcommittee will be responsible for all Navy and Marine Corps aviation programs, National Guard and Army and Air Force reserve modernization, and ammunition programs.

Mr. WELDON, Chairman
Mr. MCKEON 1 Vice Chairman
Mr. GIBBONS
Mr. CALVERT
Mr. LOBIONDO
Mr. BRADLEY
Mr. TURNER
Mr. CONAWAY
Mr. EVERETT
Mr. BARTLETT
Mr. JONES
Mr. RYUN (KS)
Mr. AKIN
Mr. FORBES
Mr. WILSON
Mr. SHUSTER
Mr. BILBRAY 2 		Mr. ABERCROMBIE, Ranking Member
Mr. SKELTON
Mr. SPRATT
Mr. ORTIZ
Mr. EVANS
Mr. SMITH
Mr. MCINTYRE
Mr. BRADY
Mr. ISRAEL
Mr. COOPER
Mr. MEEK
Mr. RYAN (OH)
Mr. BUTTERFIELD
Mr. BOREN
1 Mr. McKeon took a leave of absence from the committee effective June 29, 2006.
2 Mr. Bilbray was elected to the committee on June 29, 2006.

SUBCOMMITTEE ON READINESS

Jurisdiction pursuant to Committee Rule 4--Legislative jurisdiction over military readiness, training, logistics and maintenance issues and programs. In addition, the subcommittee will be responsible for all military construction, installations and family housing issues, including the base closure process.

Mr. HEFLEY, Chairman
Mr. HOSTETTLER, Vice Chairman
Mr. JONES
Mr. RYUN (KS)
Mr. FORBES
Mr. MILLER
Mr. ROGERS
Dr. SCHWARZ
Mrs. MCMORRIS RODGERS
Mr. MCHUGH
Mr. MCKEON 1
Mr. HAYES
Mr. SIMMONS
Mr. BRADLEY
Mrs. MILLER
Mr. FRANKS
Mr. BILBRAY 2 		Mr. ORTIZ, Ranking Member
Mr. EVANS
Mr. TAYLOR
Mr. ABERCROMBIE
Mr. REYES
Dr. SNYDER
Mr. BRADY
Ms. DAVIS (CA)
Mr. MARSHALL
Mr. MEEK
Ms. BORDALLO
Mr. RYAN (OH)
Mr. UDALL
Mr. BUTTERFIELD
1 Mr. McKeon took a leave of absence from the committee effective June 29, 2006.
2 Mr. Bilbray was elected to the committee on June 29, 2006.

SUBCOMMITTEE ON TERRORISM, UNCONVENTIONAL THREATS AND CAPABILITIES

Jurisdiction pursuant to Committee Rule 4--Legislative jurisdiction over Department of Defense counter proliferation and counter terrorism programs and initiatives. In addition, the subcommittee will be responsible for Special Operations Forces, the Defense Advanced Research Projects Agency, information technology and programs, force protection policy and oversight and related intelligence support.

Mr. SAXTON, Chairman
Mr. HAYES, Vice Chairman
Mr. AKIN
Mr. WILSON
Mr. KLINE
Mr. SHUSTER
Mr. DAVIS
Mr. HEFLEY
Mr. THORNBERRY
Mr. GIBBONS
Mr. MILLER
Mr. LOBIONDO		 Mr. ABERCROMBIE, Ranking Member
Mr. SMITH
Mr. MCINTYRE
Ms. TAUSCHER
Mr. ANDREWS
Mr. LANGEVIN
Mr. LARSEN
Mr. COOPER
Mr. MARSHALL
Ms. MCKINNEY

SUBCOMMITTEE ON MILITARY PERSONNEL

Jurisdiction pursuant to Committee Rule 4--Legislative jurisdiction over military personnel policy, reserve component integration and employment issues, military health care, military education and POW/MIA issues. In addition, the subcommittee will be responsible for Morale, Welfare and Recreation issues and programs.

Mr. MCHUGH, Chairman
Mrs. DAVIS (VA)
Mr. KLINE
Mrs. DRAKE, Vice Chairman
Mr. CONAWAY
Mr. SAXTON
Mr. JONES
Mr. RYUN (KS)
Mr. HAYES		 Dr. SNYDER, Ranking Member
Mr. MEEHAN
Ms. SANCHEZ
Mr. ANDREWS
Ms. DAVIS (CA)
Mr. UDALL
Ms. MCKINNEY

SUBCOMMITTEE ON STRATEGIC FORCES

Jurisdiction pursuant to Committee Rule 4--Legislative jurisdiction over Strategic Forces (except deep strike systems), space programs, ballistic missile defense and Department of Energy national security programs (except nonproliferation).

Mr. EVERETT, Chairman
Mr. THORNBERRY, Vice Chairman
Mr. FRANKS
Mr. TURNER
Mr. ROGERS
Dr. SCHWARZ
Mrs. MCMORRIS RODGERS
Mr. DAVIS		 Mr. REYES, Ranking Member
Mr. SPRATT
Ms. SANCHEZ
Ms. TAUSCHER
Mr. LARSEN
Mr. COOPER

SUBCOMMITTEE ON PROJECTION FORCES

Jurisdiction pursuant to Committee Rule 4--Legislative jurisdiction over Navy and Marine Corps programs (except strategic weapons, space, special operations and information technology programs), deep strike bombers and related systems, and strategic lift programs.

Mr. BARTLETT, Chairman
Mr. SIMMONS, Vice Chairman
Mrs. DAVIS (VA)
Mrs. MILLER
Mrs. DRAKE
Mr. WELDON
Mr. SAXTON
Mr. HOSTETTLER
Mr. CALVERT		 Mr. TAYLOR, Ranking Member
Ms. TAUSCHER
Mr. LANGEVIN
Mr. ISRAEL
Mr. MARSHALL
Ms. BORDALLO
Mr. BOREN

COMMITTEE STAFF

By committee resolution adopted at the organizational meeting on January 25, 2005, or by authority of the Chairman, the following persons were appointed to the staff of the committee during the 109th Congress:

ROBERT L. SIMMONS, Staff Director
ROBERT S. RANGEL, Staff Director (resigned May 31, 2005)
HUGH N. JOHNSTON, Jr., Deputy Staff Director/Chief Counsel
RITA D. THOMPSON, Professional Staff Member (resigned January 4, 2005)
BRENDA J. WRIGHT, Professional Staff Member
FRANK A. BARNES, Staff Assistant
BETTY B. GRAY, Staff Assistant
ERNEST B. WARRINGTON, Jr., Staff Assistant (resigned April 1, 2005)
DIANE W. BOWMAN, Staff Assistant (resigned February 16, 2005)
MICHAEL R. HIGGINS, Professional Staff Member
JEAN D. REED, Professional Staff Member (resigned September 1, 2005)
JOHN D. CHAPLA, Professional Staff Member
B. RYAN VAART, Professional Staff Member
ROBERT W. LAUTRUP, Professional Staff Member (resigned September 1, 2005)
JOHN F. SULLIVAN, Professional Staff Member
NANCY M. WARNER, Professional Staff Member
THOMAS E. HAWLEY, Professional Staff Member
WILLIAM H. NATTER, Professional Staff Member
JESSE D. TOLLESON, Jr., Professional Staff Member
MARY ELLEN FRASER, Counsel (resigned January 12, 2006)
DEBRA S. WADA, Professional Staff Member
HENRY J. SCHWEITER, Counsel (resigned August 31, 2005)
ERIN C. CONATON, Professional Staff Member
DOUGLAS C. ROACH, Professional Staff Member
ALEXIS R. LASSELLE, Professional Staff Member
DANLEIGH S. HALFAST, Staff Assistant (resigned January 14, 2005)
JUSTIN P. BERNIER, Research Assistant (resigned January 7, 2005)
CURTIS FLOOD, Staff Assistant (resigned December 4, 2005)
LINDA BURNETTE, Printing Clerk
HUGH BRADY, Professional Staff Member (resigned June 15, 2005)
HARALD STAVENAS, Director of Legislative Affairs and Communications (resigned June 6, 2006)
JOSEPH FENGLER, Professional Staff Member (resigned September 30, 2006)
WILLIAM R. MARCK, Jr., Professional Staff Member (resigned March 1, 2005)
UYEN T. DINH, Counsel (resigned August 1, 2005)
ERIC STERNER, Professional Staff Member (resigned March 17, 2006)
W. HOLLY GRANING, Director, Legislative Operations
WILLIAM C. OSTENDORFF, Counsel
CLAIRE E. DUNNE, Program Analyst (resigned November 24, 2006)
JAMES WILLIAM GODWIN, Jr., Professional Staff Member
LINDSAY YOUNG, Staff Assistant (resigned September 2, 2005)
JENNIFER E. GIGLIO, Executive Assistant (resigned July 14, 2006)
MARK R. LEWIS, Professional Staff Member
KATHERINE A. CROFT, Staff Assistant (resigned September 8, 2006)
E. HAYES ARENDALL, Staff Assistant (resigned June 22, 2005)
LOREN DEALY, Communications Assistant
JOSHUA T. HARTMAN, Professional Staff Member (resigned March 6, 2006)
HEATHER L. MESSERA, Staff Assistant
PAUL ARCANGELI, Professional Staff Member
CARRIE M. SLOAN, Press Secretary (resigned April 30, 2005)
JEFFERY A. GREEN, Counsel
JEANETTE S. JAMES, Professional Staff Member
CHANDLER T. LOCKHART, Staff Assistant (resigned May 5, 2006)
MIRIAM E. WOLFF, Communications Advisor (appointed January 1, 2005)
BRIAN R. ANDERSON, Staff Assistant (appointed January 3, 2005)
RICHARD A. PAWLOSKI, Professional Staff Member (appointed January 10, 2005)
JORDAN REDMOND, Intern (appointed January 11, 2005; resigned June 10, 2005)
TAYLOR L. CLUKEY, Staff Assistant (appointed January 18, 2005; resigned January 11, 2006)
REBECCA A. ROSS, Professional Staff Member (appointed February 1, 2005)
SARAH GELINAS, Staff Assistant (appointed February 14, 2005; resigned November 10, 2006)
ANDREW HUNTER, Professional Staff Member (appointed March 1, 2005)
HEATH R. BOPE, Professional Staff Member (appointed March 14, 2005)
LYNN M. WILLIAMS, Professional Staff Member (appointed March 14, 2005)
DIANA SCHIMMEL, Intern (appointed March 10, 2005; resigned May 6, 2005)
MARK EPLEY, Counsel (appointed March 28, 2005; resigned March 3, 2006)
PAUL LEWIS, Counsel (appointed March 28, 2005)
STEPHANIE SANOK, Professional Staff Member (appointed April 4, 2005)
JENNIFER C. GUY, Staff Assistant (appointed April 13, 2005; resigned August 4, 2006)
JOSHUA C. HOLLY, Director of Communications (appointed May 2, 2005)
BRADY DEREMER, Intern (appointed May 9, 2005; resigned August 5, 2005)
LYDIA CHAO, Intern (appointed May 16, 2005; resigned August 5, 2005)
JOHN WASON, Professional Staff Member (appointed June 6, 2005)
HARRY CARTLAND, Professional Staff Member (appointed June 10, 2005)
REGINA BURGESS, Research Assistant (appointed June 14, 2005)
KATHLEEN KELLY, Intern (appointed June 14, 2005; resigned July 29, 2005)
BEN KOHR, Staff Assistant (appointed July 25, 2005)
CATHERINE K. STEADMAN, Staff Assistant (appointed August 9, 2005)
ROBERT W. DEGRASSE, Jr., Professional Staff Member (appointed August 22, 2005)
ROGER ZAKHEIM, Counsel (appointed August 29, 2005)
DIANA SCHIMMEL, Intern (appointed August 31, 2005; resigned November 7, 2005)
KRISTINE ELLISON, Staff Assistant (appointed September 7, 2005)
JENESS SIMLER, Professional Staff Member (appointed October 3, 2005)
DOUG LANE, Professional Staff Member (appointed October 14, 2005)
JULIE UNMACHT, Counsel (appointed October 31, 2005)
KEVIN P. COUGHLIN, Counsel (appointed January 4, 2006)
ANNE SKELLY, Professional Staff Member (appointed January 30, 2006; resigned December 4, 2006)
LORRY M. FENNER, Professional Staff Member (appointed February 15, 2006)
NORMAN R. MORSE, Professional Staff Member (appointed February 17, 2006; resigned June 30, 2006)
CHRISTINE ROUSHDY, Staff Assistant (appointed March 1, 2006)
DEREK SCOTT, Staff Assistant (appointed March 1, 2006)
ERYN ROBINSON, Professional Staff Member (appointed March 6, 2006)
ALEXANDER KUGAJEVSKY, Professional Staff Member (appointed March 10, 2006)
KARI BINGEN, Professional Staff Member (appointed April 24, 2006)
MARGEE MECKSTROTH, Staff Assistant (appointed May 1, 2006)
JOHN KRUSE, Professional Staff Member (appointed May 8, 2006)
HENRY NUZUM, National Security Analyst (appointed May 15, 2006)
RYAN BURKE, Intern (appointed June 12, 2006; resigned August 4, 2006)
CAROLINE TRIPP, Intern (appointed June 12, 2006; resigned August 11, 2006)
KATHLEEN KELLY, Intern (appointed July 11, 2006; resigned August 11, 2006)
ANDREW H. TABLER, Staff Assistant (appointed August 9, 2006)
AILEEN K. ALEXANDER, Professional Staff Member (appointed August 28, 2006)
JASON HAGADORN, Staff Assistant (appointed September 11, 2006)

COMMITTEE MEETINGS

A total of 301 meetings and mark-ups were held by the Committee on Armed Services and its subcommittees during the 109th Congress. A breakdown of the meetings follows:

Full Committee 152
Subcommittees:
Subcommittee on Tactical Air and Land Forces 27
Subcommittee on Readiness 14
Subcommittee on Terrorism, Unconventional Threats and Capabilities 38
Subcommittee on Military Personnel 23
Subcommittee on Strategic Forces 23
Subcommittee on Projection Forces 24

LEGISLATIVE ACTIONS

LEGISLATION ENACTED INTO LAW

PUBLIC LAW 109-100 (S. 37)

To extend the special postage stamp for breast cancer research for two years.

Public Law 109-100 extends by two years the breast cancer research special postage stamp. After passing the Senate by unanimous consent on September 27, 2005, S. 37 was referred to the Committee on Armed Services on September 28, 2005. The bill was considered by unanimous consent on October 27, 2005, and passed by the House. On November 11, 2005, the President signed S. 37 into law.

PUBLIC LAW 109-104 (H.R. 4326)

To authorize the Secretary of the Navy to enter into a contract for the nuclear refueling and complex overhaul of the U.S.S. Carl Vinson (CVN-70).

Public Law 109-104 authorizes the Secretary of the Navy to enter into a contract for the nuclear refueling and complex overhaul of the U.S.S. Carl Vinson (CVN-70). The bill makes fiscal year 2006 funds available for commencement of work on the contract authorized during fiscal year 2006 but only for obligations in an amount not to exceed $89,000,000. The bill allows that additional amounts may be obligated for such work for fiscal year 2006 only to the extent to which authority is expressly provided by law, and funds are appropriated by law, for such obligations after the date of enactment of this Act.

On November 15, 2005, H.R. 4326 was introduced and referred to the Committee on Armed Services. The measure was considered under suspension of the rules and passed the House on November 16, 2005 by voice vote. The Senate passed the measure without amendment by Unanimous Consent on November 18, 2005. On November 19, 2005, H.R. 4326 was signed by the President and became law.

PUBLIC LAW 109-142 (H.J. RES. 38)

Recognizing Commodore John Barry as the first flag officer of the United States Navy.

Public Law 109-142 recognizes and honors Commodore John Barry as the first flag officer of the United States Navy. The measure commends Commodore Barry and honors his efforts and accomplishments in raising the United States Navy. H.J. Res. 38 was introduced and referred to the Committee on Armed Services on March 17, 2005. On December 14, 2005, the joint resolution passed the House under suspension of the rules. The measure was passed in the Senate without amendment and with a preamble on December 16, 2005. The measure was signed by the President and became law on December 22, 2005.

PUBLIC LAW 109-159 (S. 1988)

To authorize the transfer of items in the War Reserves Stockpile for Allies, Korea.

Public Law 109-159 authorizes the President to transfer to the Republic of Korea, any munitions, equipment, and/or materiel in the War Reserves Stockpile for Allies, Korea. After passing the Senate without amendment by unanimous consent on November 9, 2005, S. 1988 was referred to the Committee on International Relations and Armed Services on November 14, 2005. The bill was considered under suspension of the rules and passed the House on December 18, 2005. On December 30, 2005, the President signed S. 1988.

PUBLIC LAW 109-163 (H.R. 1815)

To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

Public Law 109-163, the National Defense Authorization Act for Fiscal Year 2006, authorizes funds totaling $435,970,473,000 for national defense functions for fiscal year 2006 and provides a budget authority level of $441,536,600,000.

Division A

Division A of Public Law 109-163 authorizes funds for fiscal year 2006 for the Department of Defense.

Subtitle A of title I authorizes $76,914,011,000 for procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, and other procurement for the armed forces, defense agencies, and reserve components of the armed forces.

Subtitles B through E of title I establish additional program requirements, restrictions, limitations, transfers of, or funds for specified programs for the armed forces, including: multiyear procurement authority for the C-17 aircraft and utility helicopters, the shipbuilding modernization initiative, the prohibition on the retirement of KC-135 and the F-117 aircraft; and restructuring the advanced SEAL delivery system.

Subtitle A of title II authorizes $70,199,859,000 for research, development, test and evaluation for the armed forces and the defense agencies, including amounts for basic research and development-related matters.

Subtitle B of title II establishes certain program requirements, restrictions, and limitations on six separate research and development-related matters, including: Future Combat Systems, requirements for the heavy lift rotorcraft, limitations on the VXX presidential helicopter and requirements for the development of the Joint Tactical Radio System.

Subtitles C and D of title II address ballistic missile defense programs and miscellaneous matters, including high-performance defense manufacturing technology research and development.

Subtitle A of title III authorizes $125,715,202,000 for operation and maintenance, $22,429,849,000 for other programs, and $3,129,057,000 for working capital funds for the armed forces and defense agencies.

Subtitles B through H of title III address environmental provisions, workplace and depot issues, extensions of program authorities, outsourcing, studies and reports relating to military readiness, the Utah Test and Training Range, and other miscellaneous matters.

Title IV provides military personnel authorizations for the active and reserve forces for fiscal year 2004 and authorizes appropriations of $108,942,746,000 for military personnel for fiscal year 2006. The end strengths for active duty personnel for fiscal year 2006 are as follows:

The Selected Reserve end strengths for fiscal year 2006 are as follows:

The end strengths for reserves on active duty in support of the reserve components for fiscal year 2006 are as follows:

Title V sets military personnel policy, including provisions that address officer personnel policy; the reserve component management; education and training, including, DOD schools, ROTC, and the Naval postgraduate school; general service requirements; military justice and legal assistance matters; issues relating to casualties; defense dependents education; consumer protection; and other matters.

Title VI addresses compensation and other personnel benefits, including pay and allowances; bonuses and special and incentive pays; travel and transportation allowances; retiree and survivor benefits; commissary and nonappropriated fund instrumentality benefits; and other matters.

Title VII contains military health care provisions, such as enhanced benefits for reservists; TRICARE program improvements; programs concerning mental health issues; reports; and other matters.

Title VIII addresses acquisition policy, acquisition management and related matters, including amendments to general contracting authorities, and matters relating to the United States defense industrial base.

Title IX contains Department of Defense organization and management provisions, including space activities; chemical demilitarization; and intelligence-related matters.

Title X addresses general provisions relating to financial matters; naval vessels and shipyards; counter-drug activities; homeland security; reports; military mail; and other matters.

Title XI addresses Department of Defense civilian personnel matters, including the Veteran's preferences, and other federal government civilian personnel matters.

Title XII concerns matters relating to foreign nations, including: assistance and training; nonproliferation and countries of concern; related reports; and other issues.

Title XIII addresses Cooperative Threat Reduction with states of the Former Soviet Union.

Title XIV addresses matters relating to detainees.

Title XV includes authorization for increased cost due to Operation Iraqi Freedom and Operation Enduring Freedom.

Division B

Division B of Public Law 109-163 authorizes appropriations in the amount of $12,166,611,000 for military construction and military family housing in support of the active forces, the reserve components, and the NATO security investment program for fiscal year 2006. In addition, Division B contains military construction and family housing program changes; property and facilities administration; provisions concerning base closure and realignment land conveyances, and other matters.

Division C

Division C of Public Law 109-163 authorizes appropriations in the amount of $16,554,857,000 for Department of Energy national security programs for fiscal year 2006. Division C also includes authorization for and/or addresses the Defense Nuclear Facilities Safety Board; National Defense Stockpile; Naval Petroleum Reserves; and the Maritime Administration.

The Committee on Armed Services reported H.R. 1815, as amended, to the House on May 20, 2005. The measure passed the House, as amended, on May 25, 2005. The Senate passed by unanimous consent H.R. 1815, as amended, on November 15, 2005, subsequent to striking all after the enacting clause and inserting in lieu thereof the provisions of a similar measure, S. 1042. The conference report was agreed to in the House on December 18, 2005, and in the Senate on December 21, 2005. H.R. 1815 was signed by the President and became law on January 6, 2006.

(H. Rept. 109-89; S. Rept. 109-69; H. Rept. 109-360; H.A.S.C. 109-2; H.A.S.C. 109-3; H.A.S.C. 109-4; H.A.S.C. 109-5; H.A.S.C. 109-6; H.A.S.C. 109-7; H.A.S.C. 109-8; H.A.S.C. 109-9; H.A.S.C. 109-10; H.A.S.C. 109-11; H.A.S.C. 109-13; H.A.S.C. 109-14; H.A.S.C. 109-15; H.A.S.C. 109-16; H.A.S.C. 109-17; H.A.S.C. 109-18; H.A.S.C. 109-19; H.A.S.C. 109-20; H.A.S.C. 109-21; H.A.S.C. 109-22; H.A.S.C. 109-23; H.A.S.C. 109-24; H.A.S.C. 109-25; H.A.S.C. 109-26; H.A.S.C. 109-27)

PUBLIC LAW 109-164 (H.R. 972)

To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes.

Public Law 109-164, the Trafficking Victims Protection Reauthorization Act of 2005, which authorized appropriations for fiscal years 2006 and 2007 to combat international trafficking in persons and domestic trafficking in persons. The measure is meant to assist in the prevention of trafficking in conjunction with post-conflict and humanitarian emergency assistance, protection of victims of trafficking in person, and enhancing prosecutions of trafficking in persons offenses especially when they are employed by or accompanying the Federal Government outside the United States.

H.R. 972 was introduced and referred to the Committee on International Relations, as well as the Committees on Armed Services, the Judiciary, and Energy and Commerce on February 17, 2005. On December 14, 2005, the bill, as amended, passed the House under suspension of the rules. The Senate passed the measure on December 22, 2005 by unanimous consent without amendment. It was signed by the President and became law on January 10, 2006.

PUBLIC LAW 109-272 (H.R. 5683)

To preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States.

Public Law 109-272, to preserve the Mt. Soledad Veterans Memorial in San Diego, California, for the immediate acquisition of the memorial by the United States. The measure vests title and possession of the Mt. Soledad Veterans Memorial, a national memorial honoring American veterans of all wars, including the War on Terrorism, in the United States.

On June 26, 2006, H.R. 5683 was introduced and referred to the Committee on Resources, as well as the Committee on Armed Services. On July 19, 2006, the House passed H.R. 5683 under suspension of the rules. The Senate passed the measure on August 1, 2006 by unanimous consent without amendment. On August 14, 2006, H.R. 5683 was signed by the President and became law.

PUBLIC LAW 109-364 (H.R. 5122)

To authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2007, and for other purposes.

Public Law 109-364, the John Warner National Defense Authorization Act for Fiscal Year 2007, authorizes funds totaling $455,383,431,000 for national defense functions for fiscal year 2006 and provides a budget authority level of $462,760,229,000.

Division A

Division A of Public Law 109-364 authorizes funds for fiscal year 2007 for the Department of Defense.

Subtitle A of title I authorizes $84,153,588,000 for procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, and other procurement for the armed forces, defense agencies, and reserve components of the armed forces.

Subtitles B through E of title I establish additional program requirements, restrictions, limitations, transfers of, or funds for specified programs for the armed forces, including: acquisition strategy for tactical wheeled vehicles; multiyear procurement authority for the MH-60R helicopter, the V-22 aircraft, and the F-22A fighter aircraft; sense of Congress on the size of the attack submarine force; modernization of the intercontinental ballistic missile; description of the bomber force structure and strategic airlift force structure.

Subtitle A of title II authorizes $73,607,976,000 for research, development, test and evaluation for the armed forces and the defense agencies, including amounts for basic research and development-related matters.

Subtitle B of title II establishes certain program requirements, restrictions, and limitations on six separate research and development-related matters, including: Future Combat Systems, acquisition and cost estimate for the joint strike fighter propulsion system.

Subtitles C and D of title II address ballistic missile defense programs and miscellaneous matters, including limitation on funds for space-based interceptor.

Subtitle A of title III authorizes $129,018,149,000 for operation and maintenance, $23,847,112,000 for other programs, and $2,436,430,000 for working capital funds for the armed forces and defense agencies.

Subtitles B through F of title III address environmental provisions; program requirements, restrictions, and limitations; workplace and depot issues; studies and reports relating to military readiness; and other miscellaneous matters.

Title IV provides military personnel authorizations for the active and reserve forces for fiscal year 2004 and authorizes appropriations of $110,098,628,000 for military personnel for fiscal year 2007. The end strengths for active duty personnel for fiscal year 2007 are as follows:

The Selected Reserve end strengths for fiscal year 2007 are as follows:

The end strengths for reserves on active duty in support of the reserve components for fiscal year 2006 are as follows:

Title V sets military personnel policy, including provisions that address officer personnel policy, including officer promotion policy and joint officer management requirements; the reserve component management; education and training, including service academies, JROTC, and scholarships and financial assistance programs; general service authorities; military justice matters; decorations and awards; issues relating to casualties; impact aid and defense dependents education; the armed forces retirement home; reports; and other matters.

Title VI addresses compensation and other personnel benefits, including pay and allowances; bonuses and special and incentive pays; travel and transportation allowances; retired pay and survivor benefits; commissary and nonappropriated fund instrumentality benefits; and other matters.

Title VII contains military health care provisions, such as TRICARE program improvements; selected studies and reports; planning, programming and management of military health care; and other matters.

Title VIII addresses acquisition policy, acquisition management and related matters, including: issues relating to Major Defense Acquisition Programs; amendments to general contracting authorities, procedures, and limitations; and matters relating to the United States defense industrial base.

Title IX contains Department of Defense organization and management provisions, including space activities; chemical demilitarization; and intelligence-related matters.

Title X addresses general provisions relating to financial matters; policy relating to vessels and shipyards; counter-drug activities; force structure and defense policy matters; reports; general authorities and limitations of the availability and use of funds; matters involving detainees; and additional issues.

Title XI addresses Department of Defense civilian personnel matters.

Title XII concerns matters relating to foreign nations, including: assistance and training; nonproliferation and countries of concern.

Title XIII addresses Cooperative Threat Reduction with states of the Former Soviet Union.

Title XIV addresses matters relating to defense against terrorism and other related security matters.

Title XV includes authorization for increased cost due to Operation Iraqi Freedom and Operation Enduring Freedom.

Division B

Division B of Public Law 109-364 authorizes appropriations in the amount of $17,098,423,000 for military construction and military family housing in support of the active forces, the reserve components, and the NATO security investment program for fiscal year 2007.

In addition, Division B contains military construction and family housing program changes; property and facilities administration; provisions concerning base closure and realignment; land conveyances; energy security; and other matters.

Division C

Division C of Public Law 109-364 authorizes appropriations in the amount of $15,840,330,000 for Department of Energy national security programs for fiscal year 2007. Division C also includes authorization for and/or addresses the Defense Nuclear Facilities Safety Board; National Defense Stockpile; Naval Petroleum Reserves; and the Maritime Administration.

The Committee on Armed Services reported H.R. 5122, as amended, to the House on May 5, 2006. The measure passed the House, as amended, on May 11, 2006. The Senate passed by unanimous consent H.R. 5122, as amended, on June 22, 2006, subsequent to striking all after the enacting clause and inserting in lieu thereof the provisions of a similar measure, S. 2766. The conference report was agreed to in the House on September 29, 2006, and in the Senate on September 30, 2006. H.R. 5122 was signed by the President and became law on October 17, 2006.

(H. Rept. 109-452; S. Rept. 109-254; H. Rept. 109-702; H.A.S.C. 109-48; H.A.S.C. 109-53; H.A.S.C. 109-54; H.A.S.C. 109-57; H.A.S.C. 109-60; H.A.S.C. 109-62; H.A.S.C. 109-68; H.A.S.C. 109-69; H.A.S.C. 109-72; H.A.S.C. 109-73; H.A.S.C. 109-74; H.A.S.C. 109-76; H.A.S.C. 109-95; H.A.S.C. 109-99; H.A.S.C. 109-101; H.A.S.C. 109-102)

PUBLIC LAW 109-366 (S. 3930)

To authorize trial by military commission for violations of the law of war, and for other purpose.

Public Law 109-366, the Military Commissions Act of 2006, was enacted by Congress in response to the Supreme Court's decision in Hamdan v. Rumsfeld, 548 U.S. X, 126 S. Ct. 2749 (June 29, 2006). The measure provides for congressional authorization of military commissions to try alien unlawful enemy combatants for war crimes committed before, on or after September 11, 2001. In addition, the measure eliminates Federal court jurisdiction over pending and future habeas and civil suits by enemy combatants detained at Guantanamo Bay and in other U.S. facilities and limits judicial review by the D.C. Circuit Court of Appeals to find judgments of military commissions on matters of law. After being introduced in the Senate on September 22, 2006, and laid before the Senate by unanimous consent on September 27, 2006, S. 3930 passed the Senate with an amendment on September 28, 2006. A House bill pertaining to the same subject matter, H.R. 6054 was introduced on September 12, 2006; it was referred to the Committee on Armed Services, as well as the Committees on the Judiciary and International Relations. On September 13, 2006, the Committee on Armed Services met to consider H.R. 6054 and ordered the bill to be reported, as amended. On September 25, 2006, another bill pertaining to the same subject matter, H.R. 6166 was introduced in the House and referred to the Committee on Armed Services, as well as the Committees on the Judiciary and International Relations. H.R. 6166 passed the House on September 27, 2006. On September 29, 2006, the House passed S. 3930, a similar measure to H.R. 6166, without amendment. On October 17, 2006, the President signed S. 3930 into law.

(H. Rept. 109-664, Part I)

LEGISLATION REPORTED BUT NOT ENACTED

H. RES. 417

Directing Secretary of Defense to transmit to the House of Representatives not later than 14 days after the date of the adoption of this resolution documents in the possession of the Secretary of Defense relating to the disclosure of the identity and employment of Ms. Valerie Plame.

H. Res. 417 was a resolution of inquiry designed to request specific factual information from the President of the United States or the head of one of the executive departments. The Rules of the House of Representatives provide for a committee to report on a qualifying resolution of inquiry within 14 legislative days or a privileged motion to discharge the committee is in order. H. Res. 417 would have directed the Secretary of Defense to transmit to the House of Representatives not later than 14 days after the date of the adoption of the resolution all documents, including telephone and electronic mail records, logs and calendars, personnel records, and records of internal discussions in the possession of the Secretary of Defense relating to the disclosure of the identity of Ms. Valerie Plame as an employee of the Central Intelligence Agency during the period beginning on May 6, 2003, and ending on July 31, 2003.

H. Res. 417 was introduced and referred to Committee on Armed Services on July 29, 2005. On September 20, 2005, the Committee on Armed Services held a mark-up session and ordered the resolution of inquiry to be reported adversely. No further action was taken.

(H. Rept. 109-234)

H.J. RES. 65

Disapproving the recommendations of the Defense Base Closure and Realignment Commission.

H.J. Res. 65 is a joint resolution which states that Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on September 15, 2005. H.J. Res. 65 was introduced on September 20, 2005 and referred to the Committee on Armed Services. On September 29, 2005, the Committee on Armed Services held a mark-up session and ordered the joint resolution to be reported adversely. The measure failed in the House on October 27, 2005. No further action was taken.

(H. Rept. 109-243)

H. RES. 645

Requesting the President and directing Secretary of Defense to transmit to the House of Representatives all information in the possession of the President or the Secretary of Defense relating to the collection of intelligence information pertaining to persons inside the United States without obtaining court-ordered warrants authorizing the collection of such information and relating to the policy of the United States with respect to the gathering of counterterrorism within the United States.

H. Res. 645 was a resolution of inquiry designed to request specific factual information from the President of the United States or the head of one of the executive departments. The Rules of the House of Representatives provide for a committee to report on a qualifying resolution of inquiry within 14 legislative days or a privileged motion to discharge the committee is in order. H. Res. 645 would have requested the President and directed the Secretary of Defense to transmit to the House of Representatives, not later than 14 days after the date of the adoption of this resolution, all documents, including telephone and electronic mail records, logs, calendars, minutes, and memos, in the possession of the President relating to the scope of the activities undertaken by the Department of Defense, the Counterintelligence Field Activity, or any related agency with regard to Threat and Local Observation Notice reports; and the legal authority upon which surveillance by the National Security Agency or the Department of Defense of persons inside the United States and the gathering of counterterrorism intelligence within the United States without obtaining court-ordered warrants is based.

H. Res. 645 was introduced on December 22, 2005 and referred to the Committee on Armed Services. On March 1, 2006 the Committee on Armed Services held a mark-up session and ordered the resolution of inquiry to be reported adversely. No further action was taken.

H. RES. 685

Requesting the President and directing the Secretary of State and Secretary of Defense provide to the House of Representatives certain documents in their possession relating to any entity with which the United States has contracted for public relations purposes concerning Iraq.

H. Res. 685 was a resolution of inquiry designed to request specific factual information from the President of the United States or the head of one of the executive departments. The Rules of the House of Representatives provide for a committee to report on a qualifying resolution of inquiry within 14 legislative days or a privileged motion to discharge the committee is in order. H. Res. 685 would have requested the President and directed the Secretary of State and Secretary of Defense to provide to the House of Representatives, not later than 14 days after the date of adoption of this resolution, all documents in the possession of the President, the Secretary of State, or the Secretary of Defense, respectively, relating to any entity (including the Rendon Group and the Lincoln Group) with which the United States has entered into a contract for public relations purposes concerning Iraq insofar as such documents relate to such contract.

H. Res. 685 was introduced and referred to the Committee on Armed Services on February 15, 2006. The Committee on Armed Services held a mark-up session to consider the measure and ordered the resolution to be reported adversely on March 16, 2006. No further action was taken.

(H. Rept. 109-397)

H.R. 6054

To amend title 10, United States Code, to authorize trial by military commission for violations of the law of war, and for other purposes.

H.R. 6054, the Military Commissions Act of 2006, was a bill to provide for congressional authorization of military commissions to try alien unlawful enemy combatants for war crimes, and other offenses committed before, on or after September 11, 2001. H.R. 6054 was introduced on September 12, 2006, and referred to the Committee on Armed Services, as well as, the Committees on the Judiciary and International Relations. On September 13, 2006, the Committee on Armed Services held a mark-up session and ordered the bill reported, as amended. No further action was taken.

(H. Rept. 109-664, Part I)

OVERSIGHT ACTIVITIES

The oversight responsibilities of the Committee on Armed Services were conducted primarily within the context of the committee's consideration of the annual defense authorization bills, which cover the breadth of the operations of the Department of Defense (DOD) and a significant portion of the operating budget of the Department of Energy. The annual national defense budget of approximately $462.8 billion involves millions of military and civilian personnel, thousands of facilities, and hundreds of agencies, departments, and military commands located throughout the world.

SUMMARY OF OVERSIGHT PLAN

In response to the September 11, 2001, terrorist attacks on the United States and the ongoing U.S. military operations in Iraq and Afghanistan, the committee conducted extensive oversight activities during the 109th Congress, paying particular attention to the conduct of the global war on terrorism and force protection of military personnel, installations, and equipment. The committee regularly received briefings on national security threats and conducted a series of hearings and briefings on the status of U.S. forces in Iraq and Afghanistan, including the significant threat posed by Improvised Explosive Devices (IEDs). In addition, prior to consideration of the fiscal year 2006 and 2007 defense budgets, the committee conducted oversight hearings with the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the individual service secretaries and chiefs of staff, combatant commanders, other officials of the Department of Defense and the military departments, officials of the Central Intelligence Agency, and other defense-related intelligence agencies, and the Secretary of Energy, the Director of the National Nuclear Security Administration, and other officials of the Department of Energy. The committee also received testimony from outside experts in academia, industry, associations, and those in private life on these matters.

While the majority of the committee's oversight was planned to support the annual defense authorization bill, the committee also conducted oversight activities as demanded by critical current events.

ACTIONS AND RECOMMENDATIONS

The following specific areas and subjects were designated for special attention during the 109th Congress:

NATIONAL MILITARY STRATEGY AND OTHER DEFENSE POLICY ISSUES

During the 109th Congress, the committee took particular interest in the 2006 Quadrennial Defense Review (QDR) and other strategic documents of the Department of Defense. The committee's interest included a focus on DOD transformation efforts to improve U.S. military capabilities to address 21st Century security challenges. Throughout both sessions of Congress, the committee received numerous presentations and briefings from representatives of the Office of the Secretary of Defense, the joint staff, the services, and the combatant commands.

On June 15, 2006, the committee received a top secret briefing from the Department on its national defense strategy, national military strategy, and its process for conducting the 2005 QDR. On September 14, 2005, the committee conducted an open hearing and received testimony from former DOD officials and outside experts on the goals and principles of the QDR. The witnesses included the Honorable Dov S. Zakheim; Ms. Michele Flournoy, Center for Strategic and International Studies; Dr. Daniel Goure, Lexington Institute; and Dr. Andrew F. Krepinevich, Jr., Center for Strategic and Budgetary Assessments. Following the release of the QDR on February 6, 2006, the committee turned its attention to the DOD plan to implement the QDR's strategic direction. On March 14, 2006, the committee conducted a hearing and received testimony on the QDR's key findings and implementation roadmaps. Members heard from a panel comprised of the Honorable Gordon England, Deputy Secretary of Defense and Admiral Edmund P. Giambastiani, Jr., United States Navy, Vice Chairman, Joint Chiefs of Staff. Following that panel, the committee heard testimony from outside experts, including Mr. Thomas Donnelly, Resident Fellow, American Enterprise Institute; Dr. Andrew F. Krepinevich, Jr., Executive Director, Center for Strategic and Budgetary Assessments; and Mr. Lawrence J. Korb, Senior Fellow, Center for American Progress. These two panels offered different perspectives on the overall QDR process, key findings, and the DOD implementation plan.

Following these oversight efforts, the committee concluded that the 2006 QDR was `resource constrained,' which affected DOD assessment of threats and the capabilities required to meet them; contradictory in its conclusions about force structure; and at odds regarding some programmatic decisions. As a result, in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), the committee amended section 118 of title 10, United States Code. This amendment required that the analysis and recommendations in the DOD QDR are not to be constrained by the budget request; the identification of specific capabilities to achieve strategic and warfighting objectives; an independent assessment of the QDR; and a more comprehensive risk assessment from the Chairman of the Joint Chiefs of Staff. The committee also included a provision in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) requiring the Secretary of Defense to submit quarterly reports on the implementation of recommendations described in the 2006 QDR.

GLOBAL WAR ON TERRORISM

Since September 11, 2001, the Department of Defense (DOD) has conducted continuous military operations against those who might threaten the security of the United States or its allies. While the United States and allied forces have successfully weakened al-Qaeda's senior leadership by capturing or killing many al-Qaeda leaders, like the U.S. military operation which killed Abu Musab al-Zarqawi, the terrorist organization has morphed into an affiliated network of terrorist cells that is diffuse and decentralized. The al-Qaeda-affiliated network operates in cells of varying size and organization in Iraq, Afghanistan, Europe, Africa, Asia, and South America. In the Middle East, Operation Enduring Freedom (OEF) in Afghanistan and Operation Iraqi Freedom (OIF) place new demands on the armed forces and require new strategies that alter standard operating procedures, training, doctrine, and traditional concepts of operations. Moreover, as the enemy adapts their tactics and techniques to exploit those areas where U.S. capabilities might not be as strong, the United States requires increased cooperation between and among federal departments and agencies to fill those gaps.

Committee delegations visited the U.S. Central Command area of operations to assess progress in OIF and OEF, as well as other regions where U.S. forces are engaged in the global war on terrorism (GWOT). In addition to oversight activities reviewing ongoing military operations in OEF and OIF, the committee conducted numerous hearings and classified briefings

on our military strategy for the global war on terrorism. In November 2005, the Subcommittee on Terrorism, Unconventional Threats and Capabilities held a classified briefing with representatives from the Office of the Secretary of Defense and the joint staff on DOD roles, missions, and capabilities in counterterrorism. On February 8, 2006, following the release of the National Military Strategic Plan for the global war on terrorism, administration officials, representatives from the joint staff, and U.S. Special Operations Command (USSOCOM) briefed the Subcommittee on Terrorism, Unconventional Threats, and Capabilities on the new strategic plan. The briefing clarified how the military had refined its plan to meet its top priorities for defeating al-Qaeda and affiliated movements; how the GWOT operational planning process works; and identified those tasked with the execution of command and control of counterterrorism operations.

The committee's review of newly published plans for the GWOT reinforced the conclusion that winning the global war on terrorism requires improved interagency coordination, greater synchronization within the Department, and increased capability to carry out irregular warfare missions, such as training and equipping security forces in countries where terrorist organizations operate or in countries that have large ungoverned spaces. The Subcommittee on Terrorism, Unconventional Threats, and Capabilities and the full committee held hearings in March and April 2006, on improving interagency coordination. In both hearings, administration officials, general officers, and outside experts all testified that interagency coordination needs to be improved and that the U.S. Government is insufficiently applying all elements of national power in the GWOT. A number of witnesses advised the committee to monitor and oversee the work of the National Counterterrorism Center (NCTC) and the implementation of the NCTC's National Implementation Plan for the global war on terrorism, which provides operational direction to all government agencies, including the Department, on the execution of a synchronized, national effort in the GWOT.

With respect to improving intra-agency execution of the GWOT strategy, on June 29, 2006, the Subcommittee on Terrorism, Unconventional Threats, and Capabilities held a hearing that looked at how USSOCOM is executing its role as the lead combatant command for planning, synchronizing, and executing global operations against terrorist networks. This hearing, and subsequent classified briefings, reviewed the DOD Global Campaign Plan for the global war on terrorism, which was completed in 2005. In light of the military strategic plan's emphasis on unconventional warfare operations in the global war on terrorism, as well as the 2006 QDR's irregular warfare roadmap, the Subcommittee on Terrorism, Unconventional Threats, and Capabilities held a hearing on September 27, 2006, on steps the Department is taking to increase and improve the military's irregular warfare capability.

As a result of these oversight activities, the committee recommended the statutory adoption of several provisions designed to oversee and enhance implementation of U.S. strategy in the global war on terrorism. These provisions, contained in the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) and the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) required the Secretary of Defense to issue quarterly reports on the war strategy in Iraq, to report on the findings of the assessment process relating to the global war on terrorism, and authorized enhancements to the regional combating terrorism fellowship program. In the conference report (H. Rept. 109-702) accompanying the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), the committee directed the Secretary to submit a report that clarifies the roles and responsibility of the commander of USSOCOM in his capacity as the supported combatant commander in the GWOT.

Committee hearings and briefings on the need for improved interagency coordination in the global war on terrorism contributed to a provision in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), which required a presidential report on building interagency capacity and enhancing integration of civilian capabilities of the executive branch with capabilities of the armed forces. Similarly, in the conference report (H. Rept. 109-702) accompanying the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), the committee directed the Secretary to provide a report on how the Department is improving and strengthening internal Department of Defense mechanisms for global war on terrorism interagency coordination at the strategic, operational, and tactical levels. Finally, the committee's emphasis on increasing our capability to operationalize the global war on terrorism strategy, particularly increasing the military's irregular warfare capability, contributed to a provision in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), which required the Secretary to report on the implementation of the 2006 QDR recommendations.

IRAQ

The committee closely observed the Iraqi political events in 2005 and 2006, which established an inclusive constitutional process for Iraq. In January 2005, Iraq held elections as scheduled to select a 275-seat Transitional National Assembly, with a 58 percent voter turnout. In April 2005, interim Prime Minister Ayad Allawi stepped down after the Assembly selected Ibrahim al-Jaafari as the permanent prime minister. By August 2005, the Iraqi Constitutional Committee completed its final draft of the constitution to replace the Transitional Administrative Law. In October, more than 63 percent of eligible Iraqis voted in the referendum with the constitution passing by a 79 percent majority. Parliamentary elections were held in December 2005, with the final results certified in January 2006. There was close to 80 percent voter turnout and minimal violence surrounding the election. Iraqi leaders formed a broad, unity government in April 2006, with significant Sunni representation and Nouri al-Maliki as prime minister.

While the Iraqi Security Forces (ISF) continued to grow in numbers and capability in 2006, violence escalated, notably in Baghdad, after the February 2006, bombing of the Askariya mosque. The death of terrorist Abu Musab al-Zarqawi in June 2006, was a major success for coalition forces and the government of Iraq. Also in June, the Director of National Intelligence, John Negroponte, released unclassified key points from a National Ground Intelligence Center report on the recovery of chemical munitions in Iraq. In November 2006, an Iraqi court, independent of the political process, convicted Saddam Hussein for murdering his own people and sentenced him to death.

To exercise proper oversight, the committee conducted briefings and hearings with representatives from the Department of Defense (DOD) and policy community. In January 2005, the committee received a top secret briefing on operations and intelligence in support of Iraq, tsunami relief, and activities in Afghanistan; and a secret briefing on the efforts to train Iraqi security forces and on the then-upcoming Iraqi elections. The committee met on February 2, 2005, to receive a secret briefing on the Operation Iraqi Freedom and Operation Enduring Freedom force protection initiatives and on March 8, 2005, to receive a secret briefing from General George W. Casey, Jr., United States Army, Commander, Multi-National Forces, Iraq. The committee met again on March 17, 2005, to receive testimony on current operations and the political transition in Iraq from witnesses, including Dr. Andrew F. Krepinevich, Executive Director, Center for Strategic and Budgetary Assessments; Dr. Steven Metz, Chairman, Regional Strategy, and Planning, Research Professor of National Security Affairs, United States Army War College Strategic Studies Institute; and the Honorable Walter B. Slocombe, Former Undersecretary of Defense for Policy and former Senior Advisor for Defense and Security Sector Affairs to the Coalition Provisional Authority for Iraq.

On April 6, 2005, the committee received testimony on Iraq's past, present, and future from General Wesley Clark, United States Army (Ret.), Former Combatant Commander, European Command and the Honorable Richard Perle, Former Assistant Secretary of Defense for International Security Policy. In June 2005, committee members attended a session to review the most recent reports from the International Committee of the Red Cross related to the Iraq theater of operations detention facilities and received a top secret brief from joint staff officials on metrics, trends, and the Iraqi security forces; a briefing from General Barry McCaffrey, United States Army (Ret.) on his experiences and observation in Iraq; and a closed briefing with DOD officials on Iraqi Security Forces. The committee also received testimony on June 23, 2005, on the Progress of the Iraqi Security Forces from witnesses, including the Honorable Donald H. Rumsfeld, Secretary of Defense; General Richard B. Myers, United States Air Force, Chairman, Joint Chiefs of Staff; General John Abizaid, United States Army, Commander, Central Command; and General George W. Casey, Jr., United States Army, Commander, Multi-National Forces--Iraq. On July 21, 2005, the committee received a secret brief on the DOD work in developing and tracking metrics for OIF.

On September 29, 2005, the committee held an open hearing and closed briefing on operations in Iraq. The Honorable Donald Rumsfeld, Secretary of Defense, refuted the notion that commanders on the ground had been reluctant to request an increase in troop strength, stating that the needs of the commanders on the ground for force levels would be met. Al-Qaeda and its associated extremists, according to General John Abizaid, United States Army, Commander, U.S. Central Command, were the main threat to peace and stability in the region. General George W. Casey, Jr., United States Army, Commander, Multi-National Forces, Iraq, warned that the United States should expect a protracted conflict in Iraq.

On June 29, 2006, the director of the Defense Intelligence Agency, Lieutenant General Michael D. Maples, United States Army, testified in an open session on the revelations concerning weapons of mass destruction found in Iraq. He stated that the munitions in question--containing mustard and Sarin nerve agent--qualified as chemical weapons and would be capable of causing mass casualties under certain circumstances. Mr. Frank J. Gaffney, President and Chief Executive Officer of the Center for Security Policy, started off a second panel of civilian witnesses by stressing that these chemical weapons were precisely the weapons of mass destruction that Saddam Hussein had been required by the United Nations Security Council to destroy. In his written testimony for the panel, Mr. Terence Taylor, Director of the International Council for Life Sciences and former commissioner to the United Nations Special Commission (UNSCOM) on Iraq, underscored the dangers posed by insurgents obtaining and using these weapons. David Kay, weapons inspector and the first director of the Central Intelligence Agency's Iraq Survey Group, expressed disagreement about the lethality of the munitions. Immediately following that open hearing, the committee attended a highly classified briefing from intelligence officials on the contents of the report.

On November 15, 2006, the committee held an open hearing to assess the ongoing military operations in Iraq. General John Abizaid, United States Army, Commander, U.S. Central Command, addressed the level of sectarian violence, noting its concentration in the vicinity of Baghdad, and the need for meaningful national reconciliation to quell it. He stated that Iraq could still be stabilized and supported managing force levels without specific timetables for withdrawal. Ambassador David Satterfield, Senior Advisor on Iraq to the Secretary of State, stressed that Iraqis do not want to see their country torn apart. He advised that the dissolution of Iraq into separate political entities would come at a price in human suffering that the United States would not be willing to bear.

Attaching importance to the acceleration of transitioning responsibility for security and stability to the Iraqi Security Forces, the committee responded with an emergency authorization of $1.7 billion in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). This additional authorization for the Iraq Security Forces Fund Program will enhance the ability of the commander, Multi-National Security Transition Command--Iraq, to provide equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction for the Iraqi Security Forces.

The committee recognized the good will of the Iraqi people that accrued from the humanitarian support for Iraqi children in urgent need of medical care. Therefore, it recommended a provision adopted in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) that authorized $1.0 million and expressed a sense of Congress that the Secretary of Defense continue to provide space-available transportation on military aircraft from Baghdad to Amman, Jordan for Iraqi children.

Finally, in expressing appreciation for the actions that resulted in the death of Abu Musab al-Zarqawi, the Committee on Armed Services joined with the Senate Committee on Armed Services in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) to commend the U.S. armed forces, the intelligence community, other Federal agencies and coalition partners. The provision also contained a sense of Congress that exhorted Iraqi Prime Minister Maliki to end ethnic and sectarian violence.

DETAINEE POLICY AND MILITARY COMMISSIONS

On May 11, 2005, the U.S. Southern Command announced that General John Craddock, commander, U.S. Southern Command, had directed an inquiry into allegations of mishandling of the Koran at the U.S. detention facility at Guantanamo Bay, Cuba. The inquiry was prompted by allegations in the media in May 2005 that U.S. personnel at Guantanamo had flushed a Koran down a toilet. Additional media allegations of torture, harsh interrogations techniques, and improper medical treatment involving detainees continued to focus public attention on detainee affairs and the committee continued its intensive oversight into detainee policy begun in the 108th Congress. Because the detainee treatment issue involved sensitive matters associated with criminal investigations and prosecutions and into classified matters associated with intelligence collection techniques, much of the committee's oversight of detainee matters was conducted in classified forums. Thus, in addition to the four public hearings specifically on detainee treatment and one posture hearing devoted in part to detainee matters, the committee conducted eight member briefings (including several opportunities for members to review reports by the International Committee of the Red Cross) and fourteen staff briefings related to detainee affairs. Additionally, many committee members and several staff made separate trips to review

detainee operations at Guantanamo Bay, Cuba. The committee also received documents detailing the results of three investigations by the Department of Defense regarding alleged detainee mistreatment. Finally, the committee received 108,000 pages of documents from the Department of Defense related to Freedom of Information Act requests regarding detainee matters. The conferees for the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), consisting of 26 members of the committee and 23 members of the Senate Armed Services Committee, added a Title to that measure regarding detainee treatment and the committee reported out one bill concerning detainee matters.

The first statutory provision, the `Detainee Treatment Act of 2005' (Title XIV of Public Law 109-163) originated in the Senate amendment to H.R. 1815, the National Defense Authorization Act for Fiscal Year 2006. The Senate amendment contained three provisions (secs. 1074, 1075, and 1092) relating to detainees. The first provision (sec. 1074) provided for uniform standards for the interrogation of persons under the detention of the Department of Defense. The second provision (sec. 1075) prohibited cruel, inhuman, or degrading treatment or punishment of persons under the custody or control of the U.S. Government. The third provision (section 1092) provided procedures for the legal review of detainees held by the Department of Defense at Guantanamo Bay, Cuba. The House bill contained no similar provisions. The House receded with an amendment that would establish a new title of the bill, Title XIV, addressing matters relating to detainees. Section 1401 designated the title as the `Detainee Treatment Act of 2005.' Section 1402 contained the text of Senate section 1074 without change. Section 1403 contained the text of Senate section 1075 without change. Section 1404 was a new provision providing for an affirmative defense in any civil action or criminal prosecution against an officer, employee, member of the armed forces, or other agent of the U.S. Government, arising out of that person's engaging in specific operation practices involving detention or interrogation of aliens who the President or his designees determined to be engaged in or associated with international terrorist activity. Section 1405 amended Sec. 1092 of the Senate amendment and addressed the procedures for legal review of detainees held by the Department of Defense. Section 1406 was a new provision requiring the Department of Defense to train Iraqi military forces regarding the international obligations and laws applicable to the humane detention of detainee, including protections afforded under the Geneva Conventions and the Convention Against Torture and providing for Arabic translation and distribution of the Army Field Manual on Intelligence Interrogation to Iraqi security forces. The conference report for H.R. 1815 was agreed to without amendment by the House of Representatives on December 19, 2005 by a reported vote of 374-41. The Senate agreed to the Conference report by Voice Vote on December 21, 2005. The President signed H.R. 1815 on January 6, 2006 and it became Public Law 190-163. Similar legislation was passed as Title X of Public Law 109-148, signed by the President on December 30, 2005. 1

[Footnote]

[Footnote 1: Public Law 109-148, the Department of Defense Appropriations Act for Fiscal Year 2006 contained an earlier draft of the Detainee Treatment Act of 2005 than adopted by Congress in Public Law 109-163. Public Law 109-148 contained a minor punctuation difference between Section 1005(b) and Section 1405(b) of Public Law 109-168. Sections 1006(a)(1) (required policies in general); Section 1006(b)(91) (provide portions of Field Manual) and Section 1006(b)(2) (distrubution of Field Manual) of Public Law 109-148 did not include modifications later written into Sections 1406(a)(1), 1406(b)(1) and 1406(b)(2) of Public Law 109-163.]

The second statutory provision, the `Military Commissions Act of 2006' (`MCA') was enacted by Congress in response to the Supreme Court's decision in Hamdan v. Rumsfeld, 548 U.S. X, 126 S. Ct. 2749 (June 29, 2006). In a 5-3 decision, the court held that military commissions set up by the Bush Administration to try detainees at Guantanamo Bay were illegal under both the Uniform Code of Military Justice and common Article 3 of the Geneva Conventions. The Court also found that Section 1005 of the Detainee Treatment Act of 2005 (Public Law 109-148, December 30, 2005) did not deprive the Court of jurisdiction to hear the case. The Court ruled absent clear congressional intent, there would be a presumption against retroactive application of the statute and also found that because the provision excluding the Court of jurisdiction lacked explicit language regarding pending cases contained in two other jurisdictional provisions, a negative inference could be drawn because of the exclusion of the language. After the Hamdan decision the committee held three oversight hearings into military commissions and related matters and on September 12, 2006 Mr. Hunter introduced H.R. 6054, which was referred to the Committee on Armed Services and to the Committees on the Judiciary and International Relations. On September 13, 2006, the Committee on Armed Services held a mark-up session and ordered the bill to be reported, as amended. On September 25, 2006, Mr. Hunter introduced a similar measure, H.R. 6166, which was the result of a compromise between the Administration, the Senate and House Republican. On September 27, 2006, H.R. 6166 was considered and passed by the House, 253-168, without amendment. On September 28, 2006, the Senate considered and passed S. 3930, an identical measure to H.R. 6166, by a recorded vote of 65-34. On September 29, 2006, the House considered S. 3930 and passed it without amendment by a vote of 250-170. On October 17, 2006, the President signed S. 3930 into law. As adopted, sections 2 and 3 of the MCA provide congressional authorization for military commissions to try alien unlawful enemy combatants for war crimes and other offenses committed before, on or after September 11, 2001. Section 3 also establishes procedures for the use of classified evidence, hearsay and statements allegedly obtained by coercive methods. Section 5 of the MCA clarifies that the Geneva Conventions are not an enforceable source of rights in any habeas corpus or other civil action or proceeding by an individual in U.S. courts. Section 6 of the MCA amends the War Crimes Act (18 USC-2441) to criminalize grave breaches of common Article 3 of the Geneva Conventions and provides that the amended War Crimes Act fully satisfies U.S. treaty obligations under common Article 3. Section 6 of the MCA also provides that the President may promulgate standards for violations of treaty obligations which are not grave breaches of the Geneva Conventions. Sections 7 and 10 of the MCA eliminates Federal court jurisdiction over pending and future habeas and civil suits by enemy combatants detained at Guantanamo Bay and in other U.S. facilities and limits judicial review by the D.C. Circuit Court of Appeals to find judgments of military commissions on matters of law. These cases will be under the exclusive jurisdiction of the U.S. Court of Appeals for the District of Columbia. Finally, Sections 8-10 of the MCA amend the Detainee Treatment Act of 2005 to conform with military commissions established under the Military Commissions Act.

INTELLIGENCE

The committee worked closely with the Permanent Select Committee on Intelligence and the Office of the Undersecretary of Defense for Intelligence in monitoring the transition by the Department of Defense from the prior Joint Military Intelligence Program/Tactical Intelligence and Related Activities Program to the new Military Intelligence Program. The committee held a number of classified intelligence briefings dealing with both the global war on terrorism (GWOT) and matters of strategic intelligence. On February 8, 2006, the committee received briefings by the Department of Defense on the gathering of counterterrorism intelligence within the United States (the Threat and Local Observation Notice program) and by the Department of Justice on the legal basis for the National Security Agency's electronic surveillance program. On March 1, 2006, the committee held a mark-up of a resolution of inquiry (H. Res. 645) on these two issues.

On February 15, 2006, the Subcommittee on Terrorism, Unconventional Threats, and Capabilities and Subcommittee on Strategic Forces held a joint hearing on a Special Operations Command project conducted in the 1999-2000 timeframe. This project, known as `Able Danger,' involved the use of data-mining tools to perform `linkage analysis' to map out certain features of the al-Qaeda network. There had been certain allegations made that prior to the September 11th terrorist attacks certain elements of the Department of Defense knew the identity of one or more of the September 11th hijackers. Testimony at the hearing was focused on the value of the `Able Danger' data-mining intelligence program and what information was known prior to September 11, 2001. The joint subcommittee hearing concluded that the intelligence community did not know the identity or intended actions of the hijackers prior to the attacks and that nothing known in the `Able Danger' project could have prevented the tragedy.

SPACE PROGRAMS

The committee remained focused on the policies and programs associated with the protection of national security space assets and the development of space-based effects in military operations. Committee members regularly received briefings on threats to our space assets and space security issues. A hearing on space and U.S. national power provided a greater understanding of the importance of space to national security and the economy, bringing together perspectives from the combatant commands, civil agencies, industry, and academia. The committee's recognition of the expanding role of space in military operations and increasing threats led to a requirement in the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) for the Department of Defense (DOD) to develop a space situational awareness strategy and conduct a space control mission review and assessment for ensuring freedom to operate domestic space assets.

In addition, particular attention was given to efforts that increase the responsiveness of space capabilities to meet the evolving needs of the warfighter. The committee has been at the forefront of encouraging the Department to develop low-cost, rapid reaction, operationally responsive space (ORS) satellite and launch capabilities that can provide prompt, focused space support to warfighters in their theaters of operations and more rapidly fill the void that exists between space science, technology efforts, and operational space requirements development. In an effort to focus ORS activities to better support military users, the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) established an operationally responsive space program office.

With a number of military space programs behind schedule and over cost, the committee continued its strong oversight of Department space acquisitions. The committee continued tracking the performance of several high profile space programs including Space Radar, Transformational Satellite Communications System, Space-Based Infrared System High, and National Polar-orbiting Operational Environmental Satellite System, and tasked the Government Accountability Office to examine several of these programs and the cost estimating processes employed by the Department. A hearing was conducted on national security space acquisitions with government and industry officials to discuss acquisition problems and provide a forum for potential solutions. Committee delegations visited the United States Strategic Command and several military installations to gain insight into warfighter needs and the integration of space in military operations, as well as service laboratories and industry sites to assess technology development in tactical satellites, responsive launch vehicles, and progress on major space acquisition programs.

MISSILE DEFENSE PROGRAMS

In addition to the annual Missile Defense Agency budget hearings, the committee held several briefings on the status of the development, operational testing, and fielding of specific elements of the ballistic missile defense system to include Ground-based Midcourse Defense, Aegis Ballistic Missile Defense, Terminal High Altitude Area Defense, Airborne Laser, and the Kinetic Energy Interceptor. The committee received several briefings on the Missile Defense Agency's (MDA) corrective actions in the aftermath of two unsuccessful tests of the Ground-Based Midcourse Defense system. The committee explored various options for accelerating the development of the Aegis Ballistic Missile Defense System, specifically how to increase the production rate of SM-3 Block IA interceptors. The committee also met with the services and the MDA to review plans to transition individual ballistic missile defense elements from the MDA to the services.

ORGANIZATION AND MANAGEMENT OF THE DEPARTMENT OF DEFENSE

The committee examined a wide range of issues related to DOD management and guidance during the 109th Congress. As a result of the legislation enacted, the Department will be able to respond more effectively and flexibly to the needs of the country. In the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), the committee standardized policies regarding gifts to regional centers for security studies. The committee continued to refine policies related to regional centers for security studies in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). New language to streamline center management allowed for personnel to conduct research and facilitated the exchange of ideas among United States and foreign military personnel, civilian government personnel, and non-governmental personnel. In addition, during the second session the committee authorized the creation of a tenth Assistant Secretary of Defense (ASD) billet, in order to develop a balanced set of portfolios among ASDs that would allow for more effective interaction with both commanders of the unified combatant commands and other Federal departments and agencies.

MILITARY APPLICATIONS OF NUCLEAR ENERGY

In addition to the annual budget hearings for the Atomic Energy Defense Activities programs, the committee received several briefings on topics relating to the nuclear weapons complex, including the Reliable Replacement Warhead, nuclear weapons complex transformation, the nuclear weapons stockpile stewardship program, consolidation of nuclear materials, the Department of Energy's Design Basis Threat, nuclear weapons complex physical security, and cyber-security practices. Additionally, committee delegations visited the national security laboratories and several industrial sites to gain further insight into the nuclear weapons

complex activities, management, operations, and challenges. Recognizing the need for transformation, the committee established objectives and directed the Department of Energy to develop a plan for the transformation of the nuclear weapons complex in the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364).

The committee established key objectives for the Reliable Replacement Warhead program in the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-363). In the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), the committee further directed the National Academy of Sciences to conduct a study of the methodology used by the national security laboratories for the certification of the nuclear weapons stockpile. This study was directed in order to reduce the likelihood that the Reliable Replacement Warhead will require a resumption of underground nuclear weapons testing.

The committee conducted oversight of the management of defense nuclear waste. The committee received briefings to address problems associated with the Waste Treatment Plant construction project at Hanford, Washington, and radioactive tank waste processing and disposition at the Savannah River Site in