"There shall be, under the Joint Chiefs of Staff, a Joint Staff to be composed of approximately equal numbers of officers from each of the three armed services. The Joint Staff, [shall operate] operating under a Director thereof appointed by the Joint Chiefs of of Staff, [Secretary of Defense] shall perform such duties as may be directed by the Joint Chiefs of Staff. The Director shall be an officer junior in grade to all members of the Joint Chiefs of Staff." Subparagraph (c) of section 213 of the bill makes no change in the duties of the Munitions Board as now set forth in the National Security Act of 1947, but omits the present provisions for relating these duties to the strategic and logistic plans which they are designed to support. In order that this point may be clarified, it is recommended that this section be rewritten as follows: "The Board, or if the Secretary of Defense should so prescribe, the Chairman, after consultation with the Board, shall assist the Secretary of Defense in performing such duties as the Secretary of Defense may direct, including, in the discretion of the Secretary of Defense, any or all of the following in support of strategic and logistic plans or in consonance with guidance in those fields provided by the Joint Chiefs of Staff." For the Joint Chiefs of Staff: LOUIS DENFELD, Admiral, United States Navy. Memorandum for the Joint Chiefs of Staff: THE SECRETARY OF DEFENSE, In your memorandum of March 25, 1949, which you submitted in response to my request of March 15, 1949, you have made five suggestions with respect to S. 1269, as introduced by Senator Tydings. Of the five suggestions, I am of the opinion that the first, third, and fourth constitute suggestions which I can and will submit to the Bureau of the Budget and the Congress, since they do not seem to me to be in conflict with the President's proposals for amending the National Security Act, as set out in his message of March 5, 1949, and as set out in greater detail in S. 1269. Your second and fifth suggestions, however, seem to me to be in conflict with the President's message of March 5, in conflict with the provisions of S. 1269, and in conflict with the unanimous recommendations of the members of the Hoover Commission. In this connection, your attention is invited to the entire contents of the President's message of March 5, and in particular your attention is invited to the following excerpt from the President's message: * * * * * * * "I, therefore, recommend that the National Security Act be amended to provide the Secretary of Defense with appropriate responsibility and authority, and with civilian and military assistance adequate to fulfill his enlarged responsibility. This can be provided by the conversion of existing agencies of the National Military Establishment into staff units for the Secretary. The act should be amended to make possible the flexible use of both of these agencies [Munitions Board and Research and Development Board], and of the Joint Chiefs of Staff, as staff units for the Secretary of Defense." [Italics supplied.] * * * In the light of the language quoted above, I do not feel that your second and fifth suggestions-which would assign fixed duties, instead of flexible duties, to the Joint Chiefs of Staff-can be regarded as in conformity with the program of the President. My intention, therefore, is to go forward with your first, third, and fourth suggestions, but not with the second and fifth. JAMES V. FORRESTAL. Hon. MILLARD E. TYDINGS, THE SECRETARY OF DEFENSE, United States Senate. Chairman, Armed Services Committee, MY DEAR MR. CHAIRMAN: I have just completed reading, with a great deal of interest, the first 2 days of hearings before your committee on S. 1269, amending the National Security Act, introduced by you on March 16, 1949. In connection with some of the matters which your committee has already considered at the first 2 days of hearings, it occurs to me that a recent exchange of correspondence between Secretary of Defense Forrestal and the Joint Chiefs of Staff will be of interest to you and the members of your committee. Accordingly, I am attaching photostatic copies of this exchange. Briefly stated, the Joint Chiefs of Staff submitted five recommendations for changes in the wording of S. 1269. These five recommendations have been numbered in red pencil on the attached photostats. The five recommendations and the views of Secretary Forrestal and the Bureau of the Budget on these recommendations, can be summed up as follows: 1. The Joint Chiefs of Staff recommended that the following wording be added to the section which deals with the Chairman of the Joint Chiefs of Staff: "Provided that, by virtue of his office, the Chairman shall not exercise military command over the members of the Joint Chiefs of Staff or the services." Secretary Forrestal and the Bureau of the Budget have advised the Joint Chiefs of Staff that, in their opinion, this particular suggestion has merit, and can probably be added to the bill. 2. The Joint Chiefs of Staff recommended that the enumerated duties of the Joint Chiefs of Staff should be fixed by the statute, instead of being left flexible, as S. 1269 proposes. Secretary Forrestal and the Bureau of the Budget have advised the Joint Chiefs of Staff that, in their opinion, this particular recommendation is in conflict with President Truman's message of March 5, in conflict with the provisions of S. 1269, and in conflict with the unanimous recommendations of the Hoover Commission. 3. The Joint Chiefs of Staff recommended that the proposed wording of section 211 (d), which now states that "The Chairman of the Joint Chiefs of Staff shall act as the principal military adviser to the President and the Secretary of Defense," be amended by the addition of 2 words as follows: "The Chairman of the Joint Chiefs of Staff as such shall act as the principal military adviser to the President and the Secretary of Defense. * * * The Bureau of the Budget has advised the Joint Chiefs of Staff that it is of the opinion that this particular recommendation, while perhaps not in conflict with the President's message of March 5, nevertheless does not represent any improvement in S. 1269 as presently drafted. 4. The Joint Chiefs of Staff recommended that the Director of the Joint Staff be appointed by the Joint Chiefs of Staff, rather than by the Secretary of Defense, as contemplated by S. 1269. The Bureau of the Budget has advised the Joint Chiefs of Staff that it is of the opinion that this particular recommendation, while perhaps not in conflict with the President's message of March 5, nevertheless does not represent any improvement in S. 1269 as presently drafted. 5. The Joint Chiefs of Staff recommended that additional language be added to section 213 (c), which describes the duties of the Munitions Board, in order to add the thought that these duties are to be performed "in support of strategic and logistic plans or in consonance with guidance in those fields provided by the Joint Chiefs of Staff." Secretary Forrestal and the Bureau of the Budget have advised the Joint Chiefs of Staff that, in their opinion, this particular recommendation is in conflict with President Truman's message of March 5, in conIflict with the provisions of S. 1269, and in conflict with the unanimous recommendations of the Hoover Commission. In view of the fact that General Bradley, Admiral Denfeld, and General Vandenberg are testifying before your committee today, I am sending you photostatic copies of the exchange of correspondence between Secretary Forrestal and the Joint Chiefs of Staff, in order that your committee may be fully informed of the views which the Joint Chiefs of Staff have submittted to this office. Sincerely yours, LOUIS JOHNSON. (Whereupon, at 12:15 p. m., an adjournment was taken.) NATIONAL SECURITY ACT AMENDMENTS OF 1949 THURSDAY, MAY 12, 1949 UNITED STATES SENATE, Washington, D. C. The committee considered in executive session, the bill S. 1269, and voted to report a new bill, S. 1843, which, together with Senate Report No. 366 is hereby made a part of these hearings: A BILL To convert the National Military Establishment into an Executive Department of the Government, to be known as the Department of Defense; to provide the Secretary of Defense with appropriate responsibility and authority, and with civilian and military assistance adequate to fulfill his enlarged responsibility; and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "National Security Act Amendments of 1949". CHANGE IN COMPOSITION OF THE NATIONAL SECURITY COUNCIL SEC. 2. The fourth paragraph of section 101 (a) of the National Security Act of 1947 is amended to read as follows: "The Council shall be composed of the President; the Vice President; the Secretary of State; the Secretary of Defense, appointed under section 202; the Chairman of the National Security Resources Board, appointed under section 103; and such of the Secretaries of the other Executive Departments, and such other officials of the executive branch of the Government, as the President, by and with the advice and consent of the Senate, may from time to time appoint to serve at the pleasure of the President as additional members of the Council." CONVERSION OF THE NATIONAL MILITARY ESTABLISHMENT INTO AN EXECUTIVE DEPARTMENT SEC. 3. Section 201 of the National Security Act of 1947 is amended to read as follows: "SEC. 201. (a) There is hereby established, as an Executive Department of the Government, the Department of Defense, and the Secretary of Defense shall be the head thereof. "(b) There shall be within the Department of Defense (1) the Department of the Army, the Department of the Navy, and the Department of the Air Force, and each such department shall on and after the date of enactment of the National Security Act Amendments of 1949 be military departments in lieu of their prior status as Executive Departments, and (2) all other agencies created under title II of this Act. "(c) Section 158 of the Revised Statutes, as amended, is amended to read as follows: "SEC. 158. The provisions of this title shall apply to the following Executive Departments: "Eighth. The Department of Commerce. "Ninth. The Department of Labor.' "(d) The provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense." THE POWERS OF THE SECRETARY OF DEFENSE SEC. 4. Section 202 of the National Security Act of 1947 is amended to read as follows: "SEC. 202. (a) There shall be a Secretary of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate: Provided, That a person who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible for appointment as Secretary of Defense. The Secretary of Defense shall be the principal assistant to the President in all matters relating to the national security. Under the direction of the President, he shall be responsible for exercising direction, authority, and control over the Department of Defense, including the performance of the following duties— "(1) Establishment of policies and programs for the Department of Defense; "(2) Exercise of direction, authority, and control over the affairs of the Department of Defense; “(3) Taking of appropriate steps, including such coordination, transfers, and consolidations as may be necessary, to eliminate unnecessary duplication or overlapping in the fields of procurement, supply, transportation, storage, health, research, and personnel, and in such other fields, as he may deem proper, but this shall not be construed to authorize the Secretary of Defense to reassign the combatant functions assigned to the military departments by sections 205 (e), 206 (b), 206 (c), and 208 (f) hereof or to make transfers of military personnel from one military department to another or to make details or assignments of military personnel in a manner substantially to affect or change such assigned combatant functions; and "(4) Performance with respect to the Department of Defense of all of the functions of a head of an Executive Department under title II of the Budget and Accounting Act of 1921, as amended: Provided, That subject to the terms of this Act, the Departments of Army, Navy, and Air Force shall be administered by their respective Secretaries under the direction, authority, and control of the Secretary of Defense. "(b) The Secretary of Defense shall submit annual written reports to the President and the Congress covering expenditures, work, and accomplishments of the Department of Defense, together with such recommendations as he shall deem appropriate. "(c) The Secretary of Defense shall cause a seal of office to be made for the Department of Defense, of such design as the President shall approve, and judicial notice shall be taken thereof. "(d) The Secretary of Defense may, without being relieved of his responsibility therefor, and unless prohibited by some specific provision of law, perform any function vested in him through or with the aid of such officials or organizational entities of the Department of Defense as he may designate." DEPUTY SECRETARY OF DEFENSE; MILITARY ASSISTANTS; AND CIVILIAN PERSONNEL SEC. 5. (a) Section 203 of the National Security Act of 1947 is amended to read as follows: The "SEC. 203. (a) There shall be a Deputy Secretary of Defense, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate: Provided, That a person who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible for appointment as Deputy Secretary of Defense. Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe and shall take precedence over the Secretaries of the Army, the Navy, and the Air Force. The Deputy Secretary shall act for, and exercise the powers of, the Secretary of Defense during his absence or disability. "(b) Officers of the armed services may be detailed to duty as assistants and personal aides to the Secretary of Defense, but he shall not establish a military staff other than those provided for by sections 211 and 212 of this Act." (b) Section 204 of the National Security Act of 1947 is amended to read as follows: |