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[H.A.S.C. No. 98-18]

FULL COMMITTEE CONSIDERATION

OF

H.R.3718

TO AMEND TITLE 10, UNITED STATES CODE, TO STRENGTHEN THE POSITION OF CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND TO PROVIDE FOR MORE EFFICIENT AND EFFECTIVE OPERATION OF THE JOINT CHIEFS OF STAFF

H.R. 3289

TO ESTABLISH A COMMISSION TO STUDY DEFENSE-RELATED
ASPECTS OF THE UNITED STATES MERCHANT MARINE

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COMMITTEE ON ARMED SERVICES NINETY-EIGHTH CONGRESS, FIRST SESSION MELVIN PRICE, Illinois, Chairman

CHARLES E. BENNETT, Florida
SAMUEL S. STRATTON, New York

BILL NICHOLS, Alabama

DAN DANIEL, Virginia

G. V. (SONNY) MONTGOMERY, Mississippi
LES ASPIN, Wisconsin

RONALD V. DELLUMS, California
PATRICIA SCHROEDER, Colorado

ABRAHAM KAZEN, JR., Texas
ANTONIO B. WON PAT, Guam
BEVERLY B. BYRON, Maryland

NICHOLAS MAVROULES, Massachusetts

EARL HUTTO, Florida

IKE SKELTON, Missouri

MARVIN LEATH, Texas

DAVE MCCURDY, Oklahoma

THOMAS M. FOGLIETTA, Pennsylvania
ROY DYSON, Maryland

DENNIS M. HERTEL, Michigan

MARILYN LLOYD, Tennessee

NORMAN SISISKY, Virginia

RICHARD RAY, Georgia

JOHN M. SPRATT, JR., South Carolina
FRANK MCCLOSKEY, Indiana

C. ROBIN BRITT, North Carolina

SOLOMON P. ORTIZ, Texas RONALD D. COLEMAN, Texas (VACANT)

WILLIAM L. DICKINSON, Alabama
G. WILLIAM WHITEHURST, Virginia
FLOYD SPENCE, South Carolina
MARJORIE S. HOLT, Maryland
ELWOOD H. (BUD) HILLIS, Indiana
ROBERT E. BADHAM, California
BOB STUMP, Arizona

JIM COURTER, New Jersey
LARRY J. HOPKINS, Kentucky
ROBERT W. DAVIS, Michigan

KEN KRAMER, Colorado

DUNCAN L. HUNTER, California

THOMAS F. HARTNETT, South Carolina

DANIEL B. CRANE, Illinois

DAVID O'B. MARTIN, New York
JOHN R. KASICH, Ohio

JOHN J. FORD, Staff Director

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FULL COMMITTEE CONSIDERATION OF H.R. 3718 AND H.R. 3289 AND COMMITTEE RESOLUTION HONORING THE LATE HON. LARRY P. McDONALD

HOUSE OF REPRESENTATIVES,
COMMITTEE ON ARMED SERVICES,

Washington, D.C., Tuesday, September 20, 1983.

The committee met, pursuant to call, at 10 a.m., in room 2118, Rayburn House Office Building, Hon. Melvin Price (chairman of the committee) presiding.

The CHAIRMAN. The committee will come to order. The first business on this morning's schedule is consideration of a report from the Investigations Subcommittee on H.R. 3718. Mr. Nichols.

STATEMENT OF HON. BILL NICHOLS, A REPRESENTATIVE FROM ALABAMA, CHAIRMAN, INVESTIGATIONS SUBCOMMITTEE

Mr. NICHOLS. Thank you, Mr. Chairman.

Mr. Chairman and members of the committee, early in 1982 Secretary of Defense Caspar Weinberger and Gen. David C. Jones, who was then the Chairman of the Joint Chiefs of Staff, appeared before the Committee on Armed Services in a closed hearing on the fiscal year 1983 budget. During that hearing, General Jones revealed that he believed there were fundamental flaws in the structure of the Joint Chiefs of Staff which prevented it from performing adequately. General Jones was joined at that time by General Meyer, the Army Chief of Staff, in his criticism of JCS organization.

Prompted by these criticisms from incumbent members of the JCS, the Investigations Subcommittee conducted a comprehensive inquiry into the matter later in the fall. A bill was reported by the subcommittee and the full committee and passed the House. It died in the Senate.

One thing missing last year was an expression of the administration's position on Joint Chiefs of Staff reorganization. This year the administration submitted a legislative proposal. During June and July of this year the Investigations Subcommittee held three hearings.

The Investigations Subcommittee found that the administration's proposal was much more modest than the bill which passed the House last year. Members were mindful, however, that the 97th Congress bill was criticized for being too modest.

On the other hand, subcommittee members again this year were not convinced by the arguments for fundamental reorganization. The bill before you this morning includes all of the provisions recommended by the administration. It removes the statutory limi

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tation on the size of the Joint Staff, and it relaxes existing restrictions on the tenure of Joint Staff officers.

The administration also requested that the Chairman of the Joint Chiefs of Staff be included in the legally established chain of military command. The bill accepts the administration's request.

The bill further provides that the Chairman will supervise the commanders of the combatant commands and act as their spokesman on operational requirements subject to the authority, direction, and control of the Secretary of Defense.

H.R. 3718 also contains a number of important provisions originally included in the 97th Congress bill. These include several changes intended to improve the effectiveness of the Joint Staff as the military organization responsible for supporting the Chairman and the Joint Chiefs of Staff in carrying out their duties.

In an attempt to improve military advice, the 97th Congress bill also made the Chairman responsible for providing advice in his own right. That provision is included this year. In addition, two other provisions have been added to respond to suggestions that our bill last year did not go far enough in addressing criticisms that JCS advice is not crisp, timely, very useful, or very influential. These provisions would make the Chairman responsible for determining when the Joint Chiefs of Staff will decide issues and would place the Chairman on the National Security Council as a statutory member.

In conclusion, I believe the Committee on Armed Services has before it a strong, workable Joint Chiefs reorganization proposal and hope that the committee will support it.

[H.R. 3718 is as follows:]

I

98TH CONGRESS 1ST SESSION

H. R.3718

To amend title 10, United States Code, to strengthen the position of Chairman of the Joint Chiefs of Staff and to provide for more efficient and effective operation of the Joint Chiefs of Staff.

IN THE HOUSE OF REPRESENTATIVES

JULY 29, 1983

Mr. NICHOLS (for himself, Mr. HOPKINS, Mr. KAZEN, Mr. RAY, Mr. BRITT, Mr. KASICH, Mr. Stratton, Mr. DANIEL, Mr. MARTIN of New York, and Mr. DANIEL B. CRANE) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to strengthen the position of Chairman of the Joint Chiefs of Staff and to provide for more efficient and effective operation of the Joint Chiefs of Staff.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3

4

SHORT TITLE

SECTION 1. This Act may be cited as the "Joint Chiefs

5 of Staff Reorganization Act of 1983".

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