S.Amdt. 5431

1. Adds SEC. 1056. REPORT ON ADEQUACY OF CURRENT AUTHORITIES AND PROCEDURES FOR THE PROVISION OF MILITARY ADVICE BY THE JOINT CHIEFS OF STAFF AND THE COMMANDERS OF THE COMBATANT COMMANDS TO THE SENIORMOST OFFICIALS AND COUNCILS OF THE GOVERNMENT at the end of subtitle E of title X

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (4) Near term.--The term "near term" means the five-year period beginning on the date of the enactment of this Act.

   Inserted: SEC. 1056. REPORT ON ADEQUACY OF CURRENT AUTHORITIES AND PROCEDURES FOR THE PROVISION OF MILITARY ADVICE BY THE JOINT CHIEFS OF STAFF AND THE COMMANDERS OF THE COMBATANT COMMANDS TO THE SENIORMOST OFFICIALS AND COUNCILS OF THE GOVERNMENT.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) Civilian control of and authority over the military is fundamental to United States democratic values.

   Inserted: (2) The tradition of civilian control of the military is a time-honored and deeply rooted value of the United States military.

   Inserted: (3) United States civilian leaders value the expertise, advice, and judgment of military professionals in defense and national security policy deliberations.

   Inserted: (4) In his commencement address at the United States Naval Academy on May 23, 2008, Admiral Mullen, the Chairman of the Joint Chiefs of Staff, said that "few things are more vital to an organization than someone who has the moral courage to question the direction in which an organization is headed and then the strength of character to support whatever final decisions are made".

   Inserted: (5) In the same address, Admiral Mullen added that "the military as an institution must remain a neutral instrument of the state".

   Inserted: (6) Admiral Mullen also said "that few things are more damaging to our democracy than a military officer who doesn't have the moral courage to stand up for what's right or the moral fiber to step aside when circumstances dictate".

   Inserted: (7) The Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433) codified, in sections 151 and 164 of title 10, United States Code, the roles of the Chairman of the Joint Chiefs of Staff, other members of the Joint Chiefs of Staff, and the combatant commanders.

   Inserted: (8) Section 151(b) of title 10, United States Code, designates the Chairman of the Joint Chiefs of Staff as the principal military advisor to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense.

   Inserted: (9) Section 151(b) of title 10, United States Code, also designates the other members of the Joint Chiefs of Staff (as designated in section 151(a) of title 10, United States Code) as the military advisors to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense as specified in subsections (d) and (e) of section 151 of title 10, United States Code.

   Inserted: (10) Section 151(c) of title 10, United States Code directs that "the Chairman shall, as he considers appropriate, consult with and seek the advice of the other members of the Joint Chiefs of Staff and the commanders of the unified and specified combatant commands".

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   Inserted: (11) Section 151(d) of title 10, United States Code, establishes mechanisms for members of the Joint Chiefs of Staff, other than the Chairman, to submit "to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to the advice presented by the Chairman to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense".

   Inserted: (12) Section 151(e) of title 10, United States Code, directs members of the Joint Chiefs of Staff, individually or collectively, in their capacity as military advisors to provide advice on a particular matter to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense when requested.

   Inserted: (13) Section 151(f) of title 10, United States Code, permits a member of the Joint Chiefs of Staff to make recommendations to Congress relating to the Department of Defense as he considers appropriate after first informing the Secretary of Defense.

   Inserted: (14) Section 164 of title 10, United States Code, establishes the powers, responsibilities, and duties of the commanders of the combatant commands.

   Inserted: (15) The Goldwater-Nichols Department of Defense Reorganization Act of 1986 was enacted 22 years ago and the provisions of title 10, United States Code, referred to in paragraphs (8) through (14) of this subsection, as enacted by that have not been amended since except to include the Homeland Security Council as the authorized recipient of military advice from the Joint Chiefs of Staff and the commanders of the combatant commands.

   Inserted: (16) The employment of the Armed Forces in the 22 years since the enactment of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 has produced a body of experience and lessons learned by the Joint Chiefs of Staff and the commanders of the combatant commands.

   Inserted: (b) Sense of Congress.--It is the sense of Congress that it is an appropriate time in the national interests of the United States for the Joint Chiefs of Staff and the commanders of the combatant commands to review the authorities of and procedures for members of the Joint Chiefs of Staff and the commanders of the combatant commands to provide military advice to the President, the Secretary of Defense, the National Security Council, and the Homeland Security Council.

   Inserted: (c) Review of Authorities and Procedures.--The Chairman of the Joint Chiefs of Staff shall, in consultation with the other members of the Joint Chiefs of Staff and the commanders of the combatant commands, conduct a review of sections 151 and 164 of title 10, United States Code, for the purposes as follows:

   Inserted: (1) To determine whether the authorities in such sections are adequate and sufficient such that those senior military officers are afforded the opportunity to present military advice or opinion to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense.

   Inserted: (2) To identify recommendations, if any are determined appropriate, for modifications to the authorities in such sections to ensure or enhance the provision of military advice to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense by those senior military officers.

   Inserted: (d) Report.--

   Inserted: (1) Report to secretary of defense.--Not later than June 15, 2009, the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense a report on the review conducted under subsection (c), including a comprehensive description of the determinations made under subsection (c)(1) and of any recommendations identified under subsection (c)(2).

   Inserted: (2) Report to congress.--Not later than July 30, 2009, the Secretary of Defense shall transmit to the congressional defense committees the report submitted under paragraph (1). In transmitting the report, the Secretary may include such comments on and recommendations regarding the report as the Secretary considers appropriate.

   Original wording

   At the end of subtitle E of title X, add the following:

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As printed