S/S–NSC Files: Lot 63 D 351: NSC 18 Series

Memorandum by the Executive Secretary of the National Security Council (Lay) to the National Security Council

top secret

Pursuant to paragraph 28 of NSC 18/4,1 approved by the President on November 18, 1949, representatives were designated by Council members, the Secretary of the Treasury, the Attorney General, and the Director, Bureau of the Budget to assist in the preparation of a study for Council consideration of the methods by which the United States can make available military assistance to meet emergency needs not provided for in existing legislation.

A recent study prepared by the Department of State2 in this connection indicates that, with the passage of the amendments to the Mutual Defense Assistance Act of 1949, the President’s powers have been considerably broadened with respect to emergency military assistance. (The pertinent section of the Act is reproduced in the enclosure.) The study concludes that, on the basis of these new powers, of authorizations under several old statutes, and of the President’s constitutional powers, the President appears to have ample authority to act in emergencies, and that availability of equipment and funds consequently constitutes the remaining problem.3

It is therefore suggested, with the concurrence of the senior NSC staff members and the representatives referred to in the first paragraph above, that the directive contained in paragraph 28 of NSC 18/4 be canceled.

Accordingly, it is requested that each Council member, the Secretary of the Treasury, the Attorney General, and the Director, Bureau of the Budget, indicate his action with respect to the suggestion in [Page 1440] the preceding paragraph by completing and returning the attached memorandum form.4

James S. Lay, Jr.
  1. For the text of NSC 18/4, see p. 1341.
  2. The study under reference here has not been further identified.
  3. In a memorandum of October 4 to Ambassador at Large Philip C. Jessup, not printed, Max W. Bishop of the Policy Planning Staff explained that the directive contained in paragraph 28 of NSC 18/4 had been prompted by the problem of finding materials for emergency military assistance to Yugoslavia. It became apparent that the actual problem was the unavailability of supplies rather than the lack of legislative authority. The committee established in pursuance of the directive in paragraph 28 made little progress despite the expenditure of much time and energy to budgetary and executive aspects of the problem, and it was therefore finally decided to drop the project (S/S–NSC Files, Lot 63 D 351, NSC 18 Series).
  4. At its meeting on October 2, the National Security Council agreed (Action No. 363) to cancel the directive contained in paragraph 28 of NSC 18/4.