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42_ MINATION OF ROSWELL L. GILPATRIC

GOVERNMENT

Storage

HEARING

BEFORE THE

COMMITTEE ON ARMED SERVICES

UNITED STATES SENATE

EIGHTY-SEVENTH CONGRESS

FIRST SESSION

ON

ROSWELL L. GILPATRIC, DEPUTY-SECRETARYOF-DEFENSE-DESIGNATE

JANUARY 17, 1961

Printed for the use of the Committee on Armed Services

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U.S. GOVERNMENT PRINTING OFFICE

64585 WASHINGTON : 1901
COMMITTEE ON ARMED SERVICES

RICHARD B. RUSSELL, Georgia, Chairman

HARRY FLOOD BYRD, Virginia

JOHN STENNIS, Mississippi

STUART 'SYMINGTON, Missouri

HENRY M. JACKSON, Washington

SAM J. ERVIN, JR., North Carolina

STROM THURMOND, South Carolina

CLAIR ENGLE, California

E. L. BARTLETT, Alaska

HOWARD W. CANNON, Nevada

ROBERT C. BYRD, West Virginia

HARRY L. WINGATE, Jr., Chief Clerk

STYLES BRIDGES, New Hampshire

LEVERETT SALTONSTALL, Massachusetts

MARGARET CHASE SMITH, Maine

FRANCIS CASE, South Dakota

PRESCOTT BUSH, Connecticut

J. GLENN BEALL, Maryland
ROSWELL L. GILPATRIC, NOMINEE-DESIGNATE FOR

DEPUTY SECRETARY OF DEFENSE

TUESDAY, JANUARY 17, 1961

U.S. SENATE,

COMMITTEE ON ARMED SERVICES,

Washington, D.C.

The committee met, pursuant to notice, at 10 a.m., in the caucus

room, Old Senate Office Building, Senator Richard B. Russell (chairman) presiding.

• Present: Senators Russell (chairman), Byrd of Virginia, Stennis,

Symington, Jackson, Thurmond, Engle, Bartlett, Cannon, Byrd of

West Virginia, Bridges, Saltonstall, Smith, and Bea11.

Also present: Senator Long of Hawaii and Senator Moss of Utah.

William H. Darden, of the committee staff; Harry L. Wingate, Jr.,

chief clerk; T. Edward Braswell, Gordon Nease, of the committee

staff; and Herbert S. Atkinson, assistant chief clerk.

Chairman RUSSELL. The next nominee-designate is Mr. Roswell L.

Gilpatric, whom many of the members of this committee will remember

from his previous service in the Department of the Air Force.

Mr. Gilpatric has been designated as Deputy Secretary of Defense,

a position of great importance and responsibility.

We are glad to have you here, Mr. Gilpatric, and we would appreciate your making a brief statement as to your background and

experience.

STATEMENT OF ROSWELL L. GILPATRIC, NOMINEE-DESIGNATE

FOR DEPUTY SECRETARY OF DEFENSE

Mr. GILPATRIC. Mr. Chairman and members of the Armed Services

Committee, I might just summarize briefly, in response to the chairman's request, my biographical background.

After being born in Brooklyn, N.Y., in 1906,1 attended public school

and high school, prep school, and then graduated first from Yale College and then from Yale Law School.

I went into the law and as my record shows, I have spent most of my

active business life in the legal profession, except during the period

that I was in Government before, as the chairman has said, as Under

Secretary of the Air Force from 1951 to 1953. Except for that, I have

from time to time done some part-time teaching.

After I left the Government in 1953, I maintained my interest in

ene—

national security affairs in a number of ways, including se -

some panels and study groups, so that I feel that, altho vti'AV

been out of Government for 8 years, I am pretty well v

problems that confront the Defense Establishment toda &RC E

LICRARY

•• DEPAKTI'vE •

TAN ,
2 NOMINATION OF ROSWELL L. GILPATRIC

Now, I did not submit to the committee any financial statement,

because, I am sorry to say, I do not own beneficially any securities

in any corporation.

In that respect I, unhappily, do not have a conflict-of-interest

problem.

I do, however, want to explain to the committee my situation with

respect to my law firm, because I have been a member for 20 years,

except for the time I was in Government, of a firm that has served

many large companies, small companies, that have done business with

the Defense Department.

Before I take office, if I am confirmed, I will retire, of course, from

that firm, and I will have no financial or other interest in it, except that

I will be paid sums of money that will represent my interest in work

that was done before I left the firm; not large sums of money, but

sums that represent the unbilled and uncollected work of the firm for

past periods.

But, I repeat, I will have no interest whatsoever in the future

business of the firm, and I will sever my connection with it.

I am also not a member of any board of directors of a business

corporation, with the exception of one nonprofit corporation, Aerospace Corp., of which I am chairman of the board.

That corporation was formed at the instance of the Department of

Defense and. the Air Force about 6 months ago to assist the Air Force

in the technical management of its missile and space programs.

Since I will obviously not have time for those activities I intend

to resign from that office as soon as a successor can be found.

My other activities have all been in educational and related organizations.

I am a member of the Council of Yale University, which is, like the

Harvard Overseers, purely an advisory body. I will have nothing to

do with the investments of Yale University.

The other organizations with which I expect to continue any

connections, although not my activities, such as the Woodrow Wilson

Foundation, do not involve the handling of any investments or any

business transactions.

I hope, therefore, that I have met, as Mr. McNamara has, the

standards this committee has set for members of the Defense Establishment, and I will be able to function effectively.

(The biographical outline of Mr. Gilpatric is, as follows:)

ROSWELL L. GILPATRIC

Present homes: 124 East 62d Street, New York 21, N.Y., and Talisman Farm,

Grasonville, Md.

Born Brooklyn, N.Y., November 4,1906.

Attended Public School No. 102 and Poly Preparatory Country Day School in

Brooklyn 1913-20, and White Plains High School 1920-22.

Graduate of Hotchkiss School 1924 (cum laude), Yale College 1928 (Phi Beta

Kappa) and Yale Law School 1931 (editor, Yale Law Journal).

Visiting Sterling lecturer, Yale Law School, 1939-42 and 1946-48.

Partner of New York law firm, Cravath, Swaine & Moore, since 1940 (except

1951-53).

Under Secretary of the Air Force 1951-53.

Panel member of Rockefeller Studies Project 1956-57.

Member of Council on Foreign Relations and director of Foreign Policy

Association (since 1959).
NOMINATION OF ROSWELL L. GILPATRIC 3

Member of Yale University Council (since 1957).

Trustee of Woodrow Wilson Foundation (since 1956).

Member of Advisory Panel to the Joint Congressional Subcommittee on

Military Application of Atomic Energy (since 1958).

Member of New York State Defense Council (since 1959).

Chairman of the board of trustees of Aerospace Corp. (a nonprofit corporation

formed in 1960 at the instance of the Air Force to assist it in scientific-technical

planning and management of its missile-space programs).

Member of Senator Symington's Committee on the Defense Establishment

(1960).

Member of Senator Kennedy's National Security Policy Committee (1960).

Chairman RUSSELL. Senator Bridges?

Senator BRIDGES. Mr. Gilpatric, I notice that you are a member

of the committee which drafted the Symington report on possible

reorganization of the Department of Defense. Now, that is the subject of a lot of discussion and varying opinions.

I would like to have your views on this—an expression of opinion

from you as to whether you believe this report will be implemented

by the new administration.

I ask it because you are nominated for the second highest position

in the Defense Department, and because you have already expressed

yourself in the report.

For that reason, some of us may have questions on some phases

of that report, and some may accept it in toto.

Mr. GILPATRIC. As you point out, Senator, having been a member

of the so-called Symington Committee on the Defense Establishment,

which President-elect Kennedy asked advise him on matters affecting

the Establishment, I do agree with its recommendations.

However, before I accepted designation for the Deputy Secretaryship of Defense, I fully understood both the views of the Presidentelect and of Mr. McNamara, as they have publicly expressed them,

including Mr. McNamara's statement here today.

Since my own position is equally clear, I feel under no embarrassment, under no handicap, in accepting office, and I shall function as

effectively as I can under the existing organization of the Defense

Department.

I believe that changes will be made because I think the 1960's are

quite different than the 1930's and the 1940's, and I think with advances in weapons technology, organizational changes are bound to

occur, but the Committee did not express itself on the timing of these

changes or the order in which they should take place.

I am sure that if and when the Defense Department recommends

to this committee and to the Congress changes, they will be well

based, and I will certainly abide by the wishes of the President-elect

and the Secretary of Defense in my own situation.

Senator BRIDGES. Mr. Gilpatric, if such reorganization takes place,

do you think it should come only with the approval of the Congress,

or do you think that this is something over which you can wave a

magic wand and the Defense Department can do it by itself?

Mr. GILPATRIC. I do not believe in any magic wands in this area.

However, I feel that the attitude of people, the character of the

personalities who will take office after the new administration is inaugurated, will have a lot to do with how existing authorities are used.
4 NOMINATION OF ROSWELL L. GILPATRIC

As Senator Russell pointed out, during the 1958 legislative hearings,

there is a great deal of authority inherent in the National Security

Act today which may not have been fully exercised.

I would feel that a great deal could be done without changes in the

statute, without changes requiring legislation.

Senator BRIDGES. Do you interpret existing law as giving you the

right to unify the armed services.

This is one of the matters that we have had under serious discussion_, and I think we have reached very thorough understanding of it

at this time.

Mr. GILPATRIC. I am sure the law does not permit the abolition of

the Services and I do not favor it.

Senator BRIDGES. Thank you.

Chairman RUSSELL. Senator Byrd?

Senator BYRD of Virginia. No questions.

Chairman RUSSELL. Senator Saltonstall?

Senator SALTONSTALL. Mr. Chairman, thank you.

Mr. Gilpatric, from your answers to Senator Bridges' questions,

am I right in assuming that, while you signed that report, your mind

is perfectly open, after hearing different points of view and so on of

the President-elect and the Defense Secretary, Mr. McNamara, if he

is confirmed, that you will go along wholeheartedly, with any final

recommendations?

Mr. GILPATRIC. That is correct, Senator.

I am not promising not to use my best judgment and my influence

in persuading them as to what I believe is right, but they have authority superior to mine and I shall certainly work with them as I

should.

Senator SALTONSTALL. And may I ask one more question. Possibly

you have said it, and I did not hear it.

You stated about getting out of the law firm, and completing your

work in the law firm and getting the compensation that is due you

from past work.

That has been customary here.

Did you also say anything about any holdings of securities? Did

you mention that?

Mr. GILPATRIC. I said that I have none, and I do not intend to

own any securities while I am in this office.

Senator SALTONSTALL. Thank you, Mr. 'Chairman.

Chairman RUSSELL. Senator Stennis?

Senator STENNIS. Mr. Gilpatric, one point: I remember you very

pleasantly from your present tenure and one point that you made

in your original statement impressed me that you had adequate

tenure interests, since you left the Department of Defense—that is,

the Air Force—and had kept up with the happenings and developments, because of a natural interest.

Now, will you enlarge on that and tell us whether or not that is

one of the main reasons you are back with us?

Mr. GILPATRIC. I am back here, Senator, for two reasons: One,

I have always had a strong belief that every citizen who is qualified

and called upon to serve should participate during his adult life in

public affairs.
NOMINATION OF ROSWELL L. GILPATRIC 5

I do not believe this Government can function without some

interplay between public and private life.

As far as I personally am concerned, having served in the Military

Establishment before, I am greatly interested in what I believe can

be accomplished to provide this country with greater security on a

basis that is compatible with our overall national objectives.

Senator STENNIS. That is all, Mr. Chairman. I thank you.

Chairman RUSSELL. Senator Smith?

Senator SMITH. I have no questions, Mr. Chairman.

Chairman RUSSELL. Senator Symington?

Senator SYMINGTON. Mr. Chairman, I would like to congratulate

the incoming administration on the good fortune they have had in

obtaining Mr. Gilpatric as Deputy Secretary of Defense.

In my opinion, he is at least as knowledgeable about this subject as

anybody I know, and I think that his sacrifice, as well as that of

Secretary McNamara, should be commended by the people.

It shows that he also is a dedicated public servant.

I have no questions.

Chairman RUSSELL. I was compelled to leave the room for a

moment, Mr. Gilpatric.

Did you make any statement with respect to the length of time

that your services are available, if desired by the President?

Mr. GILPATRIC. I did not, Mr. Chairman, but I am glad to subscribe to what Mr. McNamara has said. I am prepared to serve as

long as I am asked to do so and feel I can be effective in doing so.

Chairman RUSSELL. Senator Jackson?

Senator JACKSON. Mr. Chairman, I would merely like to add to the

statements made heretofore that Mr. Gilpatric is certainly a very

knowledgeable person in a broad area of national security.

I had the privilege of appointing him to the Advisory Panel on

Military Application of Atomic Energy, I believe in 1958.

He comes to the Government with an excellent background and long

experience.

He is an able lawyer.

He has that sense of inquiry that, I think, makes for a good official

in the Department of Defense.

I am confident with the background that he has had in public

service in the broad area of national security he will do an outstanding

job.

That is all I have to say.

I have no questions.

Mr. GILPATRIC. Thank you, Senator.

Chairman RUSSELL. Senator Beall?

Senator BEALL. I have no questions.

Chairman RUSSELL. Senator Thurmond?

Senator THURMOND. Mr. Gilpatric, I think our Government is

fortunate to have you and I wish you well.

Mr. GILPATRIC. Thank you, sir.

Chairman RUSSELL. Senator Cannon?

Senator CANNON. No questions.

Chairman RUSSELL. Senator Byrd? Senator Byrd, this is the

first opportunity I have had to welcome you to this committee.
6 NOMINATION OF ROSWELL L. GILPATRIC

I am glad to have you here, and I am sure you will be a very valuable member and will be of great assistance to us.

Senator BYRD of West Virginia. Thank you, Mr. Chairman.

Chairman RUSSELL. Do you have any questions, Senator Byrd?

Senator BYRD of West Virginia. I have no question, Mr. Chairman.

Thank you.

Chairman RUSSELL. That concludes the examination of Mr. Gilpatric.

(Whereupon, the committee proceeded to other matters.)

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