Изображения страниц
PDF
EPUB

II. SECTION-BY-SECTION ANALYSIS

Section 1. Short title

This section gives the short title recommended for this legislation. Section 2. Change in composition of National Security Council

This section amends section 101 (a) of the National Security Act of 1947 by changing the membership of the National Security Council and the requirements for this membership. Under the terms of the present statute the National Security Council consists of the following seven regular members:

The President of the United States.

The Secretary of State.

The Secretary of Defense.

The Secretary of the Army.
The Secretary of the Navy.

The Secretary of the Air Force.

The Chairman of the National Security Resources Board. In addition to these regular members the President may designate additional members from among the following persons:

The Secretaries of the other executive departments.

The Chairman of the Munitions Board.

The Chairman of the Research and Development Board

The proposed legislation adds the Vice President of the United States to the regular members of the Council and removes the Secretaries of the Army, Navy, and Air Force. The proposed legislation continues the present authority whereby the Secretaries of the other executive departments may be appointed to the Council; further, it permits the appointment of such other officials of the executive branch of the Government as the President may designate. However, with respect to the appointment of all additiona members, the bill recommends an important change from the 1947 Act in that it requires that the advice and consent of the Senate shall be obtained for each additional member appointed to the Security Council, regardless of whether such additional member be one of the Secretaries of the other executive departments or whether he be an official of lesser rank.

Section 3. Conversion of the National Military Establishment into an executive department

(a) Establishing the Department of Defense.-Subsection 201 (a) of the present act is amended by changing the National Military Establishment to the Department of Defense and giving to it the status of an executive department of the Government. The committee feels that this provision is essential if the authority and responsibility of the Secretary of Defense is to be clearly defined and the present atmosphere of doubt and uncertainty dispelled.

(b) Military Departments of the Army, Navy, and Air Force.-Subsection 201 (b) of the present act is amended to convert the Department of the Army, the Department of the Navy, and the Department of the Air Force from their present status as executive departments to the status of military departments within the Department of Defense. This subsection is regarded as of basic importance, since it retains the three-department concept for administering the services, as opposed to a single-department administration.

(c) Technical change. This subsection removes the Departments of the Army, Navy, and Air Force from the list of executive departments shown in section 158 of the Revised Statutes as amended, and adds the Department of Defense in their stead.

(d) Housekeeping authorities. This subsection provides that all provisions of title IV of the Revised Statutes shall be applicable to the Department of Defense. Title IV continues the administrative or housekeeping provisions which govern the various executive departments and which must be made applicable to the Department of Defense if it is to carry out its day-to-day departmental functions. Section 4. The powers of the Secretary of Defense

(a) Subsection 202 (a) of the present act is amended to clarify the authority of the Secretary of Defense over the military departments. This subsection makes no change in the manner in which the Secretary of Defense shall be selected. It provides that the authority and control which he is responsible for exercising over the Department of Defense shall be direct, rather than "general," as is the case under the 1947 act, and that he shall be responsible for performing the duties listed in paragraphs (1), (2), (3), and (4), as follows:

(1) This paragraph requires that the Secretary of Defense shall establish policies and programs for the Department of Defense. It eliminates the word "general" which appears in front of "policies and programs" in the present statute.

(2) This paragraph is identical in substance with the present statute except that the word "general" is deleted from before "direction. authority, and control.”

(3) This paragraph clarifies paragraph (3) of the present statute by indicating more clearly the type of action contemplated by this paragraph. This paragraph of the 1947 act simply charges the Secretary of Defense "to take appropriate steps" to eliminate duplication or overlapping in certain fields. The recommended legislation. amplifies that portion of the present act by indicating that such appropriate steps should include necessary coordination, transfers, and consolidations in the designated fields. This paragraph seeks to insure that the combat functions assigned to the military departments shall not be reassigned. It is not intended that the recommended wording which prohibits the transfer of military personnel from one military department to another shall prevent the detailing of such military personnel for duty with another military department. The purpose of this particular wording is to continue practices which permit persons of the different military departments to work together on common projects, and with one another, but nevertheless to insure that the paragraph shall not be construed as authority to change the status of an individual from membership in one military department to membership in another military department nor to effect a virtual change in combatant functions through the device of shifting military personnel.

(4) This is a new paragraph and is made necessary by the fact that the Department of Defense will become an executive department under this legislation. As such, this Department will be required to exercise all of the functions incident to the presentation and administration of the budget for the entire Department, and the control of appropriations.

The proviso following paragraph (4) is intended to emphasize the adherence to the three-department principle, referred to in the declaration of policy in section 2 of the 1947 act, by insuring that each of the three military departments shall be administered as departments and not merged into one administrative grouping. This proviso as set forth in the 1947 act specifically continued to the Secretaries of the military departments their authority as heads of executive departments to present recommendations and reports directly to the President or the Director of the Bureau of the Budget, after first informing the Secretary of Defense. The elimination of this wording is considered essential by the committee in view of the fact that under the proposed legislation the three military departments no longer have status as executive departments, as they did under the 1947 act. This change reflects the evidence presented to this effect by the overwhelming majority of witnesses which testified before the committee. It is, of course, quite obvious that nothing in either the 1947 act or the amendments proposed herein limits in any way the power or the propriety of the Congress calling upon the Secretaries of the three military departments, or anyone else in the Military Establishment, for such reports or recommendations as the Congress may desire.

In the 1947 act this proviso also retained in the hands of the Secretaries of the three military departments all authority not specifically granted to the Secretary of Defense. This provision has been deleted from the proposed wording because it is not consistent with the concept of a Department of Defense composed of three military departments, and in which the authority and responsibility is placed very clearly and unequivocably in the hands of the Secretary of Defense. The committee desires to emphasize that with respect to the relationship which exists between the Secretary of Defense and the Secretaries of the three military departments, the departmental Secretaries continue to exercise authority vested in them by statutory provisions but do so under the direction, authority, and control of the Secretary of Defense.

(b) Annual reports. This subsection is identical with the provisions of the 1947 act except that the words "Department of Defense" are substituted for "Military Establishment."

(c) Preparation of an official seal of office. This subsection is identical with the provisions of the 1947 act except that the words "Department of Defense" are substituted for "Military Establishment."

(d) Performance of functions vested in Secretary of Defense.-This subsection gives to the Secretary of Defense definite authority to use the organization of any one of the military departments to perform a function which has been vested in the Secretary of Defense. As an example, this would clarify the Secretary's authority to group air transport operations under one headquarters, as has been done, and then authoritatively to charge one of the military departments with the actual operation of such joint program.

Section 5. Deputy Secretary of Defense; military assistance and civilian personnel

(a) Deputy Secretary of Defense. This subsection amends section 203 of the National Security Act, as amended by Public Law 36 approved April 2, 1949, by changing the name of the Under Secretary of Defense to Deputy Secretary of Defense. It also prescribes that

the Deputy Secretary of Defense shall take precedence over the Secretaries of the Army, Navy, and Air Force. The section continues the prohibition contained in the 1947 act against creating a military staff by the Secretary of Defense other than the Joint Chiefs of Staff and the Joint Staff. The three Assistant Secretaries of Defense recommended in the President's message have not been provided, inasmuch as this additional layer of Assistant Secretaries appears to be unnecessary, and overly complicating to the chain of authority.

(b) Military assistants; Civilian personnel. This subsection continues the provision of the 1947 act authorizing the Secretary of Defense to appoint from civilian life, not to exceed three special assistants. Also, this subsection changes section 204 (b) of the 1947 act by permitting the Secretary of Defense to appoint and fix the compensation of civilian personnel throughout the Department. The 1947 statute specifically retained this authority within the Departments of the Army, Navy, and Air Force, a provision which hampers all efforts toward uniformity and flexibility in this very important field.

Section 6. Chairman of the Joint Chiefs of Staff; powers and duties

(a) Membership on War Council.--This subsection amends section 210 of the National Security Act of 1947 by adding the Chairman of the Joint Chiefs of Staff to the War Council. Otherwise the provisions of section 210 are unchanged. The committee would point out that the War Council is one of the most important checks and balances in the military establishment. Since all Secretaries and all of the Joint Chiefs of Staff are members, it would appear impossible for the views of one or more services to be denied expression. Also, it is significant to note that the Chairman of the Joint Chiefs of Staff is an additional member and does not replace the Joint Chiefs-a procedure which would have been wholly inconsistent with the concept that the Chairman of the Joint Chiefs of Staff shall not have the power of decision over the Joint Chiefs of Staff.

(b) Joint Chiefs of Staff; Chairman of Joint Chiefs of Staff.-Section 211 (a) of the 1947 act is changed by removing the Chief of Staff to the Commander in Chief from membership on the Joint Chiefs of Staff and adding the Chairman of the Joint Chiefs of Staff. The amendment provides that the Chairman shall be head of the Joint Chiefs of Staff but shall have no vote.

Chairman of the Joint Chiefs of Staff: Subsection 211 (b) of the 1947 Act is amended by the proposed legislation to provide for the establishment of the position of Chairman of the Joint Chiefs of Staff. The subsection specifies the term of office as 2 years, with eligibility for reappointment. The subsection further provides that the Chairman of the Joint Chiefs of Staff shall take precedence over all other officers of the armed services but he shall not, by virtue of his office, exercise military command over the Joint Chiefs of Staff or the services. The appointment is made by the President, by and with the advice and consent of the Senate.

(c) Duties of the Joint Chiefs of Staff.-This subsection is identical with the 1947 act except for minor changes in wording.

(d) Principal military adviser. The 1947 Act is changed so that the Chairman of the Joint Chiefs of Staff rather than the Joint Chiefs of

Staff shall act as the principal military adviser to the President and the Secretary of Defense. The intent of inserting the words "as such" after "the Chairman of the Joint Chiefs of Staff" is to make it clear that the Chairman in performing his duty as principal military adviser to the President and the Secretary of Defense shall, in addition to stating his own views and opinions, state any divergence which he knows to exist between his own views and opinions and the views and opinions of other members of the Joint Chiefs of Staff.

(e) Joint Staff.-Section 212 of the 1947 Act is amended by raising to 210 the ceiling of 100 which applied to the size of the Joint Staff. Evidence presented to the committee clearly showed that 100 officers are too few to perform the heavy duties which face the Joint Staff at the present time

Section 7. Changing the relationship of the Secretary of Defense to the Munitions Board

(a) Establishing the Munitions Board.-The proposed legislation makes no change in the provisions of subsection 213 (a) of the 1947 Act, which established the Munitions Board.

(b) The Chairman of the Munitions Board-The committee has examined the original legislative proposal contained in S. 1269 that the Chairman of the Munitions Board be appointed by the Secretary of Defense instead of by the President with Senate confirmation. The object of the proposal that this should be a secretarial appointment rather than a Presidential appointment was to place the Chairman of the Munitions Board more directly under the control of the Secretary of Defense. While recognizing that the Chairman of the Munitions Board is clearly under the direction and control of the Secretary of Defense, the committee is of the opinion that appointment to this important post should be made by the President, and should receive the advice and consent of the Senate. The committee. feels that such a limitation will in no way complicate the process of securing a Chairman, nor will it serve to exert an unnecessarily restrictive influence over the relationship of the Chairman to the Secretary of Defense. For that reason the requirement that the Chairman of the Munitions Board should be appointed by the President by and with the advice and consent of the Senate is retained in the present law.

(c) Responsibilities of the Board.-Section 213 (c) of the 1947 Act has been reworded so as to clarify the fact that the Munitions Board is an agency of the Secretary of Defense and that its function is to assist the Secretary of Defense in performing the duties for which: the Secretary of Defense has been made responsible. The text of the 1947 act suggested that the Munitions Board itself had certain statutory responsibilities. Actually, the Secretary of Defense and the President are the individuals in whom these responsibilities are vested and the function of the Munitions Board is to assist the responsibleindividuals in carrying out their responsibilities. To that end the wording of the 1947 act has been changed so that the Munitions Board "shall assist the Secretary of Defense" and also so that the Secretary of Defense may prescribe that the Chairman after consultation with the Board shall perform this function. The provision that the work of the Munitions Board shall be closely associated with.

« ПредыдущаяПродолжить »