speechmaking trail to the point where it interfered with his duties as Director of Research and Development. But this leads to the question I desire to put to you, sir, and that is: If there were general agreement that those who are skilled in this among the military should educate the public to the dangers of communism, would there be a point at which such activity would interefere with their normal military duties? General LEMNITZER. I think this very well could be. I don't know-it would depend upon the officer involved, the job he held, and the requirements of that job. Senator BARTLETT. Do you think he could double in brass or would it perhaps be necessary to set up a special corps for this sort of activity? General LEMNITZER. I do not believe it desirable to set up any special corps in the military, Senator Bartlett. We have other things to do, and I do not know the details of General Trudeau's speechmaking activities, but I gather generally that they were in connection with his research and development activities in the Department of the Army. Senator BARTLETT. And during the course of these speeches on those subjects, he made some very eloquent demonstrations against communism. He quoted a speech which he made last July before the national defense seminar at the National War College, and I judge that a person would have to look a long distance before finding a more eloquent dissertation on this subject. But your recommendation is that, first and foremost, an officer should concern himself with strictly military duties, is that right? General LEMNITZER. Did you say "with strictly military duties?" As I attempted to point out in my statement Senator BARTLETT. I said first and foremost. General LEMNITZER. First and foremost, yes. But, as I tried to emphasize in my statement, military activities, military problems, military actions, are very much intermeshed with political, economic, and other specialized areas. I cite my own experience in the military aid program as just one example. Senator BARTLETT. You did make that point and you made it well. But the military side of it is the primary concern? General LEMNITZER. Primary, first and foremost, yes. Senator BARTLETT. Thank you, General, very much. That is all, Mr. Chairman. Senator STENNIS. Thank you, Senator. Mr. Counsel? Mr. KENDALL. I have nothing further, Mr. Chairman. Senator CASE. Nothing further, thank you. Senator STENNIS. Senator Thurmond? Senator THURMOND. No more questions. Senator STENNIS. General, do you have anything further that you wish to express? General LEMNITZER. Nothing further, Mr. Chairman. Senator STENNIS. We certainly do thank you, sir, for your appearance here and for your very clear testimony on the points discussed, as well as your statement. We doubly appreciate, as I said before, your making an extra effort to get here in the face of your busy schedule, as well as your So, until another day-which we do not now have in mind, but there is always the possibility—we thank you again. General LEMNITZER. Thank you, Mr. Chairman. Senator STENNIS. Are there any other matters to come before the subcommittee? If not, we will take a recess until tomorrow morning at 10 o'clock. (Whereupon, at 4:30 p.m., the hearing was adjourned, to reconvene at 10 a.m., Thursday, January 25, 1962.) Mr. KENDALL. That is just with reference to the military departments? Senator CASE. Yes. Senator STENNIS. All right, Mr. Reporter. (The information referred to is as follows:) STATUTORY CITATIONS PERTAINING TO LIMITATIONS ON MILITARY OFFICERS SERVING AS SECRETARIES OF DEFENSE, ARMY, NAVY, AND AIR FORCE The National Security Act provides in section 202(a): "There shall be a Secretary of Defense who shall be appointed from civilian life *** Provided, That a person who has within 10 years been on active duty as a commissioned officer in a Regular component of the armed services shall not eligible * See National Security Act of 1947, Public Law 80-253, 61 Stat. 500 (1947); 5 U.S.C. section 171a. (1958). Section 203 (a) of the amended act contains provisions identical to section 202 (a) as to the appointment and eligibility of a Deputy Secretary of Defense. See 1949 Amendments to National Security Act of 1947, Public Law 81-216, 63 Stat. 581 (1949); 5 U.S.C. section 171c (a) (1958). Section 203 (b)(1) of the amended act provides for a Director of Defense Research and Engineering and section 203 (2) (c) for the appointment of seven Assistant Secretaries of Defense, all drawn from civilian life with no other qualifications pertaining to past military service as in the case of the Secretary and the Deputy Secretary. See Department of Defense Reorganization Act of 1958, Public Law 85-599, 72 Stat. 520 (1958); 5 U.S.C. sections 177c(b)(1) and 177c (c) (1958). As to the Department of the Army and the Department of the Navy, applicable legislation contains no restrictions on the status of appointees eligible to be Secretaries. On the other hand, the Secretary of the Air Force is to be appointed from civilian life. The legislation further provides that the Under Secretary in each of the departments and the three Assistant Secretaries in each of the departments are to be appointed from civilian life. APPLICABLE LEGISLATION Army-Secretary (10 U.S.C. § 3012(a) (1958)) Under Secretary and Assistant Secretaries (10 U.S.C. § 3013 (a) (1958)) Under Secretary and Assistant Secretaries (10 U.S.C. § 5033 (a), § 5034 (a) (1958)) Air Force Secretary (10 U.S.C. § 8012 (1958)) Under Secretary and Assistant Secretaries (10 U.S.C. § 8013 (a) (1958)) Senator CASE. When General Eisenhower was in Europe, I recall that he took pains to disassociate himself in any political conversations he had and then eventually resigned, did he not? General LEMNITZER. That is correct. Senator CASE. From his position in the Army. And was that not a complete resignation at the time; that is, he waived all his military rights? General LEMNITZER. That is my understanding, and his rank was restored following his departure from office after last January. Senator CASE. By legislative action at that time? General LEMNITZER. That is correct. CIA REQUIREMENTS Senator CASE. The other day, when the nominee for Director of Central Intelligence was before the Armed Services Committee, the point was made then, I think, that the law pertaining to the CIA required that if the head of the CIA is a military man, then the Deputy My recollection is that the law does not spell it out in reverse. I see the chairman nodding. Senator STENNIS. I think that is correct. That is my recollection too. Senator CASE. Is that, in your judgment, again an indication of this subordination of the military to the civilian control in that is would be provided for the Central Intelligence Agency that if the Director were a military man, that the Deputy Director would be a civilian? General LEMNITZER. I think that came about, Senator Case, because the first Directors of the Central Intelligence Agency were military men. They were Admiral Hillenkoetter, General Vandenburg, and Gen. Bedell Smith. Senator CASE. But, I think, in each case their deputies were civilian. General LEMNITZER. That is correct. I do not consider that the Central Intelligence Agency is a policymaking body in the sense that State or the Department of Defense is. Rather it is the collector and coordinator of intelligence throughout the entire intelligence community. JOINT CHIEFS NOT POLICYMAKERS Senator CASE. You do regard the Joint Chiefs of Staff as policymakers, to a certain extent, in the field of foreign policy? General LEMNITZER. Not as policymakers. We recommend policy and we submit our comments with respect to the matters on which policy is being formulated. But in no sense of the word can we be considered policymakers. Senator CASE. If policy is declared to you by the President or by the Secretary of State for the President or by the National Security Board, then you take that as a command as to national policy? General LEMNITZER. Yes, we do. Senator CASE. And do you regard it as the responsibility of the military to support national policy, then, rather than to make it? General LEMNITZER. Indeed, we do. Senator CASE. In this paragraph on page 6 where you referred to this, you also said: However, there are pressures to be resisted and the military want to be and must be protected from these pressures. Both the Executive and legislative leadership must continue to provide this protection. MILITARY PARTICIPATION IN POLITICAL ACTIVITIES What are some of those pressures? Are you ever asked, for example, to come out and make a speech to help elect John Doe out inwell, let us not say South Dakota; let us say out in New Mexico or somewhere? General LEMNITZER. Yes. We get invitations to make speeches in areas, to participate in activities which I think could be construed as participating in political activities. It is a very difficult problem to handle. We do our best to do it properly. Senator CASE. But where you think there is a political implication, you decline the invitation? General LEMNITZER. Yes; that is correct. Senator CASE. Mr. Lovett's statement, to which reference has al Mr. KENDALL. That is just with reference to the military departments? Senator CASE. Yes. Senator STENNIS. All right, Mr. Reporter. (The information referred to is as follows:) STATUTORY CITATIONS PERTAINING TO LIMITATIONS ON MILITARY OFFICERS SERVING AS SECRETARIES OF DEFENSE, ARMY, NAVY, AND AIR FORCE The National Security Act provides in section 202(a): "There shall be a Secretary of Defense who shall be appointed from civilian life * * * Provided, That a person who has within 10 years been on active duty as a commissioned officer in a Regular component of the armed services shall not eligible See National Security Act of 1947, Public Law 80-253, 61 Stat. 500 (1947); 5 U.S.C. section 171a. (1958). Section 203 (a) of the amended act contains provisions identical to section 202(a) as to the appointment and eligibility of a Deputy Secretary of Defense. See 1949 Amendments to National Security Act of 1947, Public Law 81-216, 63 Stat. 581 (1949); 5 U.S.C. section 171c (a) (1958). Section 203 (b) (1) of the amended act provides for a Director of Defense Research and Engineering and section 203 (2) (c) for the appointment of seven Assistant Secretaries of Defense, all drawn from civilian life with no other qualifications pertaining to past military service as in the case of the Secretary and the Deputy Secretary. See Department of Defense Reorganization Act of 1958, Public Law 85-599, 72 Stat. 520 (1958); 5 U.S.C. sections 177c (b) (1) and 177c(c) (1958). As to the Department of the Army and the Department of the Navy, applicable legislation contains no restrictions on the status of appointees eligible to be Secretaries. On the other hand, the Secretary of the Air Force is to be appointed from civilian life. The legislation further provides that the Under Secretary in each of the departments and the three Assistant Secretaries in each of the departments are to be appointed from civilian life. APPLICABLE LEGISLATION Army-Secretary (10 U.S.C. § 3012(a) (1958)) Under Secretary and Assistant Secretaries (10 U.S.C. § 3013 (a) (1958)) Under Secretary and Assistant Secretaries (10 U.S.C. §5033(a), § 5034 (a) (1958)) Air Force Secretary (10 U.S.C. § 8012 (1958)) Under Secretary and Assistant Secretaries (10 U.S.C. § 8013 (a) (1958)) Senator CASE. When General Eisenhower was in Europe, I recall that he took pains to disassociate himself in any political conversations he had and then eventually resigned, did he not? General LEMNITZER. That is correct. Senator CASE. From his position in the Army. And was that not a complete resignation at the time; that is, he waived all his military rights? General LEMNITZER. That is my understanding, and his rank was restored following his departure from office after last January. Senator CASE. By legislative action at that time? General LEMNITZER. That is correct. CIA REQUIREMENTS Senator CASE. The other day, when the nominee for Director of Central Intelligence was before the Armed Services Committee, the point was made then, I think, that the law pertaining to the CIA required that if the head of the CIA is a military man, then the Deputy |